Morning all…I have a problem-please help
Over 5 years ago I bought a pair of leather sofas. Recently they have started to peel, revealing the fact that I was mis-sold bi-cast sofas (thin leather finish on material backing).
I contactted the company after care service, and they state that under the Trading Standards 6 year ruling, (after which, one cannot seek compensation for goods that are not of satisfactory quality) I have 1 months redress on the items, which works out to £11.30p. They are offering a goodwill payment of £50 to settle the complaint.
What I need to know before I proceed is, does the 6 year rule apply to mis-sold goods. The problem with this company and it’s mis-selling of bicast goods is well documented on the internet, and the goods were sold as real leather, which I believe should last more than 6 years before deteriorating.
Thanks for reading
Baz

Wow. Good question.

My gut feeling is that they are conflating different criteria. Under SoGA you have “up to” six years to complain about a product, but it’s not “of satisfactory quality” they’re falling foul of but “as described.” They’ve sold you something and passed it off as something else.

If you were seeking a refund then the supplier is allowed to adjust the refund value to take into account the usage you’ve had (which I guess is where they’re getting this “one month’s redress” from). I think you’d be better served by pushing them to replace it with what you actually bought.

I also think you’re going to have a fight on your hands. I’d seek proper legal advice if I were you, CAB at the very least.

They are offering a refund assuming a leather sofa would last 6 years. Is that how the calculation should work?

I’ve got some leather sofas in my flat which are now 10 years old and almost look new, in fact they look better than new when they were too shiny and smooth. I did claim on the warranty 5 years ago as the frame had split at the back, it was a known problem as the later ones had an additional leg in the middle and the guy commented that the sofas looked like they had just come out of the showroom.

I would argue a leather sofa should last >20 years but i don’t know if that can be applied to the calulation.

The mis-sold thing is a completely different kettle of fish. You had no way to know until they failed. The thing is you have had 6 years use out of them so I guess they can still deduct for use, but again would they only expect the sofa to last 6 years? Doesnt sound like they think much of their own sofas…

Sounds like a weasel means of operating a business. Doubtless the compo on offer is less than the premium for ‘real leather’ over bi-cast stuff on the original retail price. I’d be skeptical of accepting their interpretation without getting proper advice- Which? magazine/site might be a good source of information.

did you buy on credit card? http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases

Sounds like a weasel means of operating a business.

Sounds like a fraudulent means of operating a business. And that fact that they’re so willing to offer you a ‘gesture of goodwill’ to shut up and go away suggests to me that they probably know this.

Under SoGA you have “up to” six years to complain about a product

6 years is the std English period of prescription IIRC after which any damages/contractual (non PI) claim expires – not SoGA and not restricted to retail.

No idea what they are on about with their reasoning…but you have had nearly 6 year’s use out of them.

but you have had nearly 6 year’s use out of them

6 years use out of something that if was as actually described should last a LOT longer.

Thanks guys-Ive compiled a reply to their offer based on your collective thoughts/advice, and snippets taken from references to the SoGA-hopefully I’ll hear back from them soon. I bought them expecting them to last longer than 10 years, and not expecting them to be anything other than real leather-the salesman emphasized that thet were not faced, and 100% leather(his words).
I’ll keep you posted,
Baz