Sale Of Goods Act
Discussion
Personal matter - sofa purchased from big chain store (you know the one). 2 days after arrival, arm failed when I used it (as you do) to ease myself up off the seat.
Was all for repair, but seats sagging already, so decided didn't want to keep it. This is approx. 14 days after receiving, and a week after repairer came out to look at it and suggest remedy.
Basically, after speaking with store manager, who only offered repair, nothing else, I spoke with finance company to ask them to intervene and stop 1st due payment, which they did.
Now, 2 months on, they have sent me a letter to say they feel the offer of repair is generous and want to start taking payments, which in a conversation with one of their staff, I explained I would not be doing and reiterated all the above (and then some) as reason why.
I've cited SOGA, and am rejecting the goods as being of unmerchandisable quality.
I've also spoken with store manager (when he called me, after me having spoken with a member of the company's customer service team a couple of hours earlier), and told him I'd pay for renting van and bringing said sofa back to them to do with whatever they wanted.
After being told it was mine and this would be tantamount to "dumping" it on a skip or at a dump, I explained no it wouldn't, and that I'd have washed my hands of it, and it was then between them and the finance company as to what was done with it thereafter.
So, sorry for boring yous, where do I stand in this escapade. I'm ready to do it this weekend, as well as hand deliver a letter stating my reasons for rejecting the item. I'm so fed up, it's unbelievable, especially as I expected the finance company to put up more of a fight rather than take the easy route out.
Said item has been sitting to one side in my living room unused for the past 3 weeks - did feel guilty of using it whilst dispute ran on, but had no other seating until new sofa was organised and delivered from another store. Nice Natuzzi for a very good price, which is a much better sofa, by far.
So, some advice/help/pointers/assistance in sorting this fiasco out asap and once and for all.
Cheers
Was all for repair, but seats sagging already, so decided didn't want to keep it. This is approx. 14 days after receiving, and a week after repairer came out to look at it and suggest remedy.
Basically, after speaking with store manager, who only offered repair, nothing else, I spoke with finance company to ask them to intervene and stop 1st due payment, which they did.
Now, 2 months on, they have sent me a letter to say they feel the offer of repair is generous and want to start taking payments, which in a conversation with one of their staff, I explained I would not be doing and reiterated all the above (and then some) as reason why.
I've cited SOGA, and am rejecting the goods as being of unmerchandisable quality.
I've also spoken with store manager (when he called me, after me having spoken with a member of the company's customer service team a couple of hours earlier), and told him I'd pay for renting van and bringing said sofa back to them to do with whatever they wanted.
After being told it was mine and this would be tantamount to "dumping" it on a skip or at a dump, I explained no it wouldn't, and that I'd have washed my hands of it, and it was then between them and the finance company as to what was done with it thereafter.
So, sorry for boring yous, where do I stand in this escapade. I'm ready to do it this weekend, as well as hand deliver a letter stating my reasons for rejecting the item. I'm so fed up, it's unbelievable, especially as I expected the finance company to put up more of a fight rather than take the easy route out.
Said item has been sitting to one side in my living room unused for the past 3 weeks - did feel guilty of using it whilst dispute ran on, but had no other seating until new sofa was organised and delivered from another store. Nice Natuzzi for a very good price, which is a much better sofa, by far.
So, some advice/help/pointers/assistance in sorting this fiasco out asap and once and for all.
Cheers
Make sure the finance agreement states that it was for the sofa. The finance company I used to work for used to give out their finance as personal loans and therefore it was not technically finance for a particular item because you could have spent the money on anything. If anything then went wrong with the products then their line was "tough luck, but you still need to keep paying unless the store agrees to a refund".
If you are talking about Da Furniture Store that I think you are then they are without exception cretins.
I ordered a sofa from them which was delivered 6 weeks late in the wrong colour. 9 weeks on I got the right one, but the delivery guys carved a lovely groove in my door whilst delivering it.
No-one I spoke to could have given a crap about any of these issues. They even started collecting payment after delivery of the first incorrect sofa, despite the fact I was paying for something I didn't have. Again, they didn't care.
If there wasn't any finance on it I'd say dump it. Your issue is not with the supplier, who don't have a leg to stand on, but with the finance co. who if they decide to blacklist you can cause you some future problems.
I'd be more concerned about squaring any action with them, the sofa lot can go swivel.
>> Edited by _dobbo_ on Friday 24th March 17:04
I ordered a sofa from them which was delivered 6 weeks late in the wrong colour. 9 weeks on I got the right one, but the delivery guys carved a lovely groove in my door whilst delivering it.
No-one I spoke to could have given a crap about any of these issues. They even started collecting payment after delivery of the first incorrect sofa, despite the fact I was paying for something I didn't have. Again, they didn't care.
If there wasn't any finance on it I'd say dump it. Your issue is not with the supplier, who don't have a leg to stand on, but with the finance co. who if they decide to blacklist you can cause you some future problems.
I'd be more concerned about squaring any action with them, the sofa lot can go swivel.
>> Edited by _dobbo_ on Friday 24th March 17:04
Thanks chaps for the feedback - DaFunrniStore is correct - well guessed.
Had a further chat with CS Manager, who said Area Manager has probably already told Store Manager that offer of repair is all they intend to do. Have said if he calls me personally with a suggestion to remedy situation, I'll listen and see if it's acceptable. She said if I was wanting to cancel the agreement, in other words, they're left holding the baby, she wouldn't be speaking with him about it.
So, I'll tell him I've rejected them, want nothing more to do with the goods, prepared to return at my expense (whether I have to or not) and let them and GE Finance resolve it between them.
Me thinks he'll not call, in which case I've said I'll read this as a sign of only offering repair and nothing more - not even an alternative replacement sofa, which I wouldn't accept anyway as I have a new sofa and no need for 2 3-seaters. I cna only stretch out and watch TV from one as it is, the other would be surplus to requirement, and I know which one I'd spend the most time on!
Think I'll draft up a letter and send it via recorded delivery to them, if I can find their address details, implicitly stating the goods have been rejected, and that I don't HAVE to allow them a repair as per SOGA and the 6 month rule.
She even tried to portray I signed away this part of the SOGA as when I signed for acceptance of the sofa, I was indicating I was happy with it and there were no problems. Aye, as if a quick 2 min inspection to make sure the leather wasn't torn or other visible damage accounts for the possibility of the arm having been under-designed.
Even the store's own service manager who came out and told me what he was going to do to repair the damage, commented on how it seemed strange the manufacturer didn't bolster the arm like others have/tend to done/do. He offered to address this in the other arm as well, just so I didn't have a repeat episode.
I think that was the point a few days after that I reflected upon and made my decision not to accept a lemon.
I'll also keep GE informed, which I already have done, and leave it at that.
Thanks again - any further thoughts or suggestions, just post away.
Had a further chat with CS Manager, who said Area Manager has probably already told Store Manager that offer of repair is all they intend to do. Have said if he calls me personally with a suggestion to remedy situation, I'll listen and see if it's acceptable. She said if I was wanting to cancel the agreement, in other words, they're left holding the baby, she wouldn't be speaking with him about it.
So, I'll tell him I've rejected them, want nothing more to do with the goods, prepared to return at my expense (whether I have to or not) and let them and GE Finance resolve it between them.
Me thinks he'll not call, in which case I've said I'll read this as a sign of only offering repair and nothing more - not even an alternative replacement sofa, which I wouldn't accept anyway as I have a new sofa and no need for 2 3-seaters. I cna only stretch out and watch TV from one as it is, the other would be surplus to requirement, and I know which one I'd spend the most time on!
Think I'll draft up a letter and send it via recorded delivery to them, if I can find their address details, implicitly stating the goods have been rejected, and that I don't HAVE to allow them a repair as per SOGA and the 6 month rule.
She even tried to portray I signed away this part of the SOGA as when I signed for acceptance of the sofa, I was indicating I was happy with it and there were no problems. Aye, as if a quick 2 min inspection to make sure the leather wasn't torn or other visible damage accounts for the possibility of the arm having been under-designed.
Even the store's own service manager who came out and told me what he was going to do to repair the damage, commented on how it seemed strange the manufacturer didn't bolster the arm like others have/tend to done/do. He offered to address this in the other arm as well, just so I didn't have a repeat episode.
I think that was the point a few days after that I reflected upon and made my decision not to accept a lemon.
I'll also keep GE informed, which I already have done, and leave it at that.
Thanks again - any further thoughts or suggestions, just post away.
Hmmm... whilst I'm a big fan of using the SOGA where a supplier screws you over, you do at least have to give them an opportunity to put the matter right. If this means you give them one more chance to correct the faults, it is preferable to so as if you haven't given them that opportunity, you may not be able to persue a claim.
I know it sucks, but if you do ask them, in writing, to repair the damage and they don't to your satisfaction, you then have a cast-iron case for rejecting under 'unfit for purpose' rules. State this in the letter - repair it or I will reject it. Send it record delivery to both store and HO.
Then when they don't fix it, create merry hell.
I know it sucks, but if you do ask them, in writing, to repair the damage and they don't to your satisfaction, you then have a cast-iron case for rejecting under 'unfit for purpose' rules. State this in the letter - repair it or I will reject it. Send it record delivery to both store and HO.
Then when they don't fix it, create merry hell.
i feel for you here PJ. 
I bought a sofa not long ago from the Da shop and was sh*tting my pants through the whole buying process as id heard they could be a nightmare if things went breast up. luckily it didnt, but its not a nice thing to be thinking about.
Id agree with amc, keep paying the direct debits, dont let Da Fecking Shop ruin your credit for their incompetence.
hope you get it sorted soon.
I bought a sofa not long ago from the Da shop and was sh*tting my pants through the whole buying process as id heard they could be a nightmare if things went breast up. luckily it didnt, but its not a nice thing to be thinking about. Id agree with amc, keep paying the direct debits, dont let Da Fecking Shop ruin your credit for their incompetence.
hope you get it sorted soon.
A slight aside to this... friend bought such a sofa from Da Shop which much the same quality issues as noted above, ended up being offered a replacement. He went down to the store, met the store manager who showed him round the store saying "this one's crap", "this one's fine". In a nutshell, he didn't pick an Italian-made sofa... 
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