trading standards and faulty sofa

trading standards and faulty sofa

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Discussion

jamie128

Original Poster:

1,604 posts

171 months

Sunday 24th February 2013
quotequote all
Hey guys, im not sure if this is the correct section but here goes.

Does anyone know my rights to return a sofa if its gone defective in 7 months? Ive had it repaired once (the cushions are sagging) and its sagged again and i asked for a exchange but all they will offer is a repair on the sofa again. Do i have any backing with trading standards about getting my money back in this instance or not?

Deva Link

26,934 posts

246 months

Sunday 24th February 2013
quotequote all
Thanks to "the cuts" Trading Standards doesn't really exist in the way it used to - they're more looking at bigger picture issues, counterfeit goods etc. They'll refer you to Citizens Advice.

There used to be Consumer Direct but the Government closed that down last year too.

You could try suing the supplier through the online small claims court service, MoneyClaimOnLine, but the outcome is very random.

Mojooo

12,771 posts

181 months

Sunday 24th February 2013
quotequote all
Citizens Advice are now meant to provide the phone line advice that Consumer Direct did.

http://www.citizensadvice.org.uk/consumer_service

As 7 months have passed its too late to reject the goods for a refund. Its up to the retailer to resolve the issue by way of repair, replacement or partial refund.

At this stage I would suggest a court would say that a repair is a reasonable approach.

If the quality of the sofa is really a joke then you could go to court to try and obtain a replacement/partial refund. You will prob need to stump up for some sort of professional opinion that the sofa was poorly manufactured.

Of course the court would expect you to do as much negotiating as possible before starting court action.

blueg33

36,095 posts

225 months

Sunday 24th February 2013
quotequote all
Mojooo said:
Citizens Advice are now meant to provide the phone line advice that Consumer Direct did.

http://www.citizensadvice.org.uk/consumer_service

As 7 months have passed its too late to reject the goods for a refund. Its up to the retailer to resolve the issue by way of repair, replacement or partial refund.

At this stage I would suggest a court would say that a repair is a reasonable approach.

If the quality of the sofa is really a joke then you could go to court to try and obtain a replacement/partial refund. You will prob need to stump up for some sort of professional opinion that the sofa was poorly manufactured.

Of course the court would expect you to do as much negotiating as possible before starting court action.
using money claim online, I got a full refund for 8 chairs that after 7 months or so stained (they were described as scotch guarded but clearly weren't)

Mojooo

12,771 posts

181 months

Sunday 24th February 2013
quotequote all
If the goods are totally useless then you could argue a full refund but it sounds like the OP had has 7 months use out of them so the court would probably allow for that

Pontoneer

3,643 posts

187 months

Monday 25th February 2013
quotequote all
I suppose it could be argued the sofa was either not fit for purpose ( sitting on ) , or not of merchantable quality in as much as it needed repair within a short time of purchase ( how long until first repair ? ) and now the same fault has occurred again .

Arguably , it is unreasonable and unsatisfactory to be expected to have it repaired every 3-4 months ; however , you would be seen to have been more than reasonable in giving them a second chance to repair on the strict understanding that they replace or refund if it fails before 1 year old .

If you write to supplier detailing this ; court would be likely to view you as having behaved reasonably in event of further trouble .

tbc

3,017 posts

176 months

Monday 25th February 2013
quotequote all
sale of goods act covers you up to SIX YEARS under EU law

it is responsibility of the retailer

tbc

3,017 posts

176 months

Monday 25th February 2013
quotequote all
swerni said:
tbc said:
sale of goods act covers you up to SIX YEARS under EU law

it is responsibility of the retailer
To do what ?
offer a repair or refund the full cost of the sofa

ging84

8,953 posts

147 months

Tuesday 26th February 2013
quotequote all
do sagging cushions really make a sofa defective?
unless something has broken, or the sag is so bad you cannot sit on it then it's still fit for purpose and free from manufacturing defects, just perhaps not of the quality you had expected, which may or may not be reasonable when you take into account all factors

coppice

8,650 posts

145 months

Tuesday 26th February 2013
quotequote all
Despite what is said above you do not automatically get rights to return your goods etc for a six year period. Try doing that with a four year old car and you will not get very far unless warranty given by manufactureer applies.

Secondly - Trading Standards role is to enforce the law . This means things like prosecutions under Trade Descriptions Act ,for fraudulent trading etc. They are NOT there to act for individual consumers in their own civil claims for faulty goods. By all means report a crappy trader to TS but do not expect them to act for you - they have no legal power to do so.

moreflaps

746 posts

156 months

Tuesday 26th February 2013
quotequote all
jamie128 said:
Hey guys, im not sure if this is the correct section but here goes.

Does anyone know my rights to return a sofa if its gone defective in 7 months? Ive had it repaired once (the cushions are sagging) and its sagged again and i asked for a exchange but all they will offer is a repair on the sofa again. Do i have any backing with trading standards about getting my money back in this instance or not?
Have you tried dieting?

HTH

blueg33

36,095 posts

225 months

Wednesday 27th February 2013
quotequote all
tbc said:
sale of goods act covers you up to SIX YEARS under EU law

it is responsibility of the retailer
But UK law is better. It covers you for a period that would be deemed reasonable by a reasonable person. Sofas would generally be expected to last many years by a reasonable person. So that time period under UK law can be much more than 6 years depending on the product.

coppice

8,650 posts

145 months

Thursday 28th February 2013
quotequote all
Good luck with taking any sofa supplier to court after 4 or 5 years worth of use...

blueg33

36,095 posts

225 months

Thursday 28th February 2013
quotequote all
coppice said:
Good luck with taking any sofa supplier to court after 4 or 5 years worth of use...
I would agree. Mind you most sofas last for many many years, but usage and wear varies between households.

JB8

381 posts

146 months

Thursday 28th February 2013
quotequote all
Supprised no one has mentioned these...

http://www.thefurnitureombudsman.org/

Magic919

14,126 posts

202 months

Thursday 28th February 2013
quotequote all
I took mine to Small Claims Court under similar circumstances. The Judge viewed it as too late for a full refund and asked me to pop out and try to agree a figure to compensate me. The seller agreed, after a bit of persuasion and the Judged issued an order for that amount.

JustinP1

13,330 posts

231 months

Thursday 28th February 2013
quotequote all
tbc said:
swerni said:
tbc said:
sale of goods act covers you up to SIX YEARS under EU law

it is responsibility of the retailer
To do what ?
offer a repair or refund the full cost of the sofa
Can you offer a link to this 'EU Law'?

The Sale of Goods Act, and all the iterations are UK law. The OP would not be entitled to a full refund, he would be entitled to a repair, or failing that, a proportional refund based on usage at the time of refund.