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Consumer rights advice help please.

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I’d send one last letter detailing the fact you’ve rejected it and expect it resolved within a week

Given the current date I'd say there's zero chance I'd that.
I'd be surprised if they take the sofa back when the cushions just need replacing/adjusting


 
Posted : 18/12/2022 8:43 pm
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How about trying to get the store to swap them with a display model and a partial refund? They might play ball as it means they don't take such a loss.

Have you read your CC terms and conditions and notified them you are in a dispute with the retailer?


 
Posted : 18/12/2022 8:55 pm
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Deposit paid by credit card thankfully. So got a little back up there.

Time to speak to your credit card provider and see what they think.


 
Posted : 18/12/2022 9:09 pm
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Wow, lots to unpick here but:

Only thing I can suggest is calling local paper and getting a story run with a picture of you and your wife both with compo face on with the headline “Christmas is ruined”

We were looking forward to hosting this year, there was a chance that I might not have been here if things didn't go to plan during my heart surgery. Thankfully it did and I'm here to appreciate that hence hosting the on laws for a change.
One has a dodgy back and the other a dodgy hip. cant expect them to sit on the floor or bean bags all day.

I’d be surprised if they take the sofa back when the cushions just need replacing/adjusting

Engineer has visited and said nothing wrong with the cushions but the actual material is too loose and baggy and some of the actual issues have been stitched in so will always be there. He said that bad that he wouldn't want to touch it.

How about trying to get the store to swap them with a display model and a partial refund? They might play ball as it means they don’t take such a loss

Did consider this but the store display model is the wrong colour.


 
Posted : 18/12/2022 9:16 pm
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I also vote for Christmas sadface. Local rags lap that shit up.

This could be you by the end of the week:

https://metro.co.uk/2022/12/14/wirral-family-fear-eating-dinner-off-floor-after-dfs-lost-sofa-17935819/


 
Posted : 18/12/2022 11:32 pm
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Why can't you just sit on the saggy sofa until the situation is resolved?

Credit card company sounds like the easiest first approach from the options outlined above.

And finally, without wishing to appear to be a dick about such things, a bloke who comes to inspect poorly constructed soft furnishings is unlikely to be an 'Engineer'.


 
Posted : 19/12/2022 7:27 am
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Alright….. compo face crisis’ averted. We are now going to the outlaws for dinner.

Now, what do I do about the sofa. Store saying head office issue. Head office won’t answer or return calls or emails.

Should I be allowed to have a copy of the report carried out on the sofa ?

Is it time for a section 75 to be raised ?


 
Posted : 19/12/2022 10:16 am
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Have you pestered them on social media, normally seems to get a response.


 
Posted : 19/12/2022 10:22 am
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have you raised issue with credit card company yet??


 
Posted : 19/12/2022 10:33 am
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Why can’t you just sit on the saggy sofa until the situation is resolved?

Even if you have to throw a duvet cover or a throw on it... why can't you just do that ? They know it's coming back, it's not a debate...


 
Posted : 19/12/2022 10:35 am
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Hire/borrow a van and take the sofa back to the store for a refund. Do this during a busy time of day and be awkward (but not aggressive) in the store. Put the sofa in a place where they need to move it; let them move it. They will want rid of you and likely, give you a refund. Worst case scenario; leave the sofa with them and speak to your credit card company.


 
Posted : 19/12/2022 11:24 am
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Do you have a copy of the technician's report? If not, insist on one; does it confirm the technician's comments to you when he inspected.
Face to face with store manager - this time, be forceful; ask which clauses(s) of the Consumer Rights Act he's relying to to deny your legally enforceable rights.
Remind him your contract is with the store and any legal action to enforce your rights will be taken against the store and they will be getting the legal bill in addition to the full refund costs.
See post ^^^ from tartanscarf.


 
Posted : 19/12/2022 11:46 am
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Small claims court?


 
Posted : 19/12/2022 6:39 pm
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Family fear eating Christmas dinner ‘off the floor’ after DFS ‘lost sofa’

Looks like they ate the sofa by mistake... 🤪

Oh, and just get your CC to do a charge back as the goods are faulty. The sofa firm will be round soon enough when they haven't been paid.


 
Posted : 19/12/2022 6:48 pm
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Yeah, just Section 75 them. Both the store and head office are refusing or not responding to your repeated comms, despite there being a clear fault with the product.

I doubt they'll pick it up before Christmas anyhow, so you can happily infuse it with with mince pie farts as a farewell present for the retailer.


 
Posted : 19/12/2022 6:52 pm
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In the interim I'd use it, if the supplier doesn't want to collect then that's their problem. Where would the family sit if they did uplift it?

Now, what do I do about the sofa. Store saying head office issue. Head office won’t answer or return calls or emails.

You bought it from the store not from head office. If it's a "head office issue" then that's fine, but that's their problem not yours. The store should be ringing head office on your behalf.

Also, what Martin said.


 
Posted : 19/12/2022 7:02 pm
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Also, what Martin said.

Oi! I think you'll find it was what Boblo said and Martin copied me. Tsssk.. 🤪


 
Posted : 19/12/2022 7:07 pm
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Like others have said, it’s time for CC charge back. Fortunately I’ve only had to resort to it once but it proved an easy and speedy solution. You need to keep a record of all correspondence and timings etc. Also worth writing to the store advising you have made a claim against your cc ( they will know their money is going back to you) and give them a set time to collect the sofa or you will dispose of it. At two weeks of trying hard for a resolution you have been quite fair. Obs don’t accept delivery of the second one.


 
Posted : 19/12/2022 7:12 pm
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Oi! I think you’ll find it was what Boblo said and Martin copied me. Tsssk.. 🤪

I may have posted something similar yesterday evening... 🤪


 
Posted : 19/12/2022 8:00 pm
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I may have posted something similar yesterday evening

In that case, you're forgiven. And I apologise - maybe sincerely... 🙃


 
Posted : 19/12/2022 8:21 pm
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You might find this useful - as a guide and/or use in discussion with card company
https://www.financial-ombudsman.org.uk/consumers/complaints-can-help/credit-borrowing-money/goods-services-bought-credit
The 'Putting things right section'may help to get you some compensation over and above a full refund.

Suggest you also refer to Money Saving Expert website for further comments and guidance; they may have some template letters you could use with/without modifications.


 
Posted : 19/12/2022 10:07 pm
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The Nightmare Before Creasemas


 
Posted : 19/12/2022 11:21 pm
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That ^^^ is today's winner!


 
Posted : 19/12/2022 11:35 pm
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The Nightmare Before Creasemas

I thought that was his Speedy Gonzales impression... 😊


 
Posted : 20/12/2022 12:07 am
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The Nightmare Before Creasemas

Fantastic !!! Love this.


 
Posted : 20/12/2022 9:39 am
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Hi all, further update:

Had an email from a place called "designersofas.com" which is apparently head office:

Dear Mr Hetherington,

Your details and concerns have been passed to me as per our company’s escalation protocol.

I am surprised that we have considered the furniture in need of replacement. The pictures clearly show the furniture is acting within the manufacturers specification and is well within industry tolerance.

As an offer has already been made to replace the furniture, as a gesture of goodwill and on a without prejudice basis, I will continue to allow this to take place.

Should you wish to reselect to another model that would better meet your expectation, I would take this into consideration.

Should either of these options not be acceptable I will close this matter as a refund is out of the question.

Please come back to me if you wish to visit the showroom and I will ask you to be met by a regional manager who can assist you further.

Your Sincerely,

Gary

Designer Sofas

Tilling Road

Brent Cross

Now I'm not sure which way to go now. I have the following points:

This company is not mentioned on any of the paperwork I have. The only place mentioned is Natuzzi Wednesbury which is the shop we bought from
I've not seen any of the supposed manufacturer tolerances he mentions and nor where they mentioned to me at point of sale.
If the sofa is within tolerance then why are they offering to replace it?
We had an engineer visit at their request and he told us it wasn't good enough quality and the material was too baggy.

This is the showroom model which is supposedly over 18 months old. you can all the cushions still look tight with no baggy material. More importantly you can see the clear separation at the middle of the two seat cushions.

[url= https://i.postimg.cc/Hk8pJQnT/grey-sofa.jp g" target="_blank">https://i.postimg.cc/Hk8pJQnT/grey-sofa.jp g"/> [/img][/url]

This is what was delivered to us: How can they say its right??

[url= https://i.postimg.cc/zX6N1Vj6/Imagesofa1.jp g" target="_blank">https://i.postimg.cc/zX6N1Vj6/Imagesofa1.jp g"/> [/img][/url]

What do I do now!!


 
Posted : 21/12/2022 6:00 pm
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You have your answer. Credit Card chargeback. They are describing the item as fit for purpose and of satisfactory quality, it clearly isn't.


 
Posted : 21/12/2022 6:07 pm
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Sounds like he hopes you will go away. S75 costs you nothing. You have exhausted other options short of court action.


 
Posted : 21/12/2022 6:22 pm
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Money back now.

We had no end of trouble from a big store, three separate sofa's were all rejected over approx 4 months. Got our money back and went elsewhere.


 
Posted : 21/12/2022 6:27 pm
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Subject access request for the report if you do not have a copy of it.

Instigate cc charge back.

No need to continue to deal with them.


 
Posted : 21/12/2022 6:45 pm
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Hi all,

This is potentially looking like a no go from a section 75 aspect judging by the phone conversation I had with them earlier.

The guy on the phone didn't sound to promising and said they cant refund for quality issues as its our interpretation of quality against the shop.

Where do I go from here??


 
Posted : 27/12/2022 7:11 pm
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You furnish the cc company with a copy of the engineers report that confirms they are not of suitable quality.


 
Posted : 27/12/2022 7:48 pm
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You furnish the cc company with a copy of the engineers report that confirms they are not of suitable quality.

Hi Captmorgan, thanks for the advice.

I submitted a subject access request to the store/head office asking for a copy of the engineers report which they have failed to give me.

I also contacted the chap that came to inspect the sofa and he said he cant help me, so I suspect he was favouring the store.


 
Posted : 27/12/2022 8:09 pm
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https://www.theguardian.com/money/series/bachelor-and-brignall-consumer-champions

It's amazing what a bit of attention from a national paper will do.

Also, spam their social media to ****.

Did they ever deliver the second sofa?

Can you just turn up at their shop with the unwanted sofa, drop it in the doorway and cause havoc until they refund you.


 
Posted : 27/12/2022 8:12 pm
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I submitted a subject access request to the store/head office asking for a copy of the engineers report which they have failed to give me.

I also contacted the chap that came to inspect the sofa and he said he cant help me, so I suspect he was favouring the store.

Don't take the word of the store who don't want to refund or share with you. They've a vested interest to stop you.

Just call your cc company and start a Section75, stating the supplier is being difficult.


 
Posted : 27/12/2022 8:19 pm
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Another path to consider is a complaint to your credir card provider about rejecting your S75 claim. Followed, if your complaint is rejected, by a complaint to the financial ombudsman.

Poor quality worktops here but similar idea. S75 claim rejected by card company. Card company told by ombudsman to deal with it.

https://www.financial-ombudsman.org.uk/decisions-case-studies/case-studies/customer-unhappy-kitchen-worktops


 
Posted : 28/12/2022 2:06 am
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Hi Captmorgan, thanks for the advice.

I submitted a subject access request to the store/head office asking for a copy of the engineers report which they have failed to give me.

I also contacted the chap that came to inspect the sofa and he said he cant help me, so I suspect he was favouring the store.

They have 28 days I believe to respond so they may well yet, while I was waiting I’d contact the legal cover provided by my home insurance & see what advise/support they can provide.

That’s also a very good point about the financial ombudsman above.


 
Posted : 28/12/2022 9:13 am
 ctk
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How much deposit have you paid?


 
Posted : 28/12/2022 10:31 am
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We have paid a £835 deposit on a 4100 sofa


 
Posted : 28/12/2022 2:59 pm
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Sorry, I'm probly being thick...

2 sofas, 1 of which you have? Total £4100 of which you've paid £835…or?

If that's right, they'll be all over you for the balance Shirley so you have the power... Mwah Mwah Mwah etc


 
Posted : 28/12/2022 5:20 pm
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Yes sorry it’s 2 sofas. Finance company can’t start taking money until we have the full delivery


 
Posted : 28/12/2022 6:29 pm
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Sorry about this. I'm not trying to pry into your finances but it's germane to the issue.

If the goods are on finance, the finance company is also responsible so you can raise a section 75 with/against them.

Presumably the ~£800 deposit is on CC which is why you mentioned the CC Co?

I wouldn't waste time with the sofa company, they sound like tosseurs to deal with. Confirm your position in writing, give them say a week to collect then raise with the finance company if the sofa still lives in your lounge (or wherever).

They'll let you run round in circles as long as you're prepared to...


 
Posted : 28/12/2022 9:13 pm
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Cheers for the info.

I think the problem with it is that we say the quality isn’t acceptable and also the sofa isn’t the same quality as the one we viewed in the store but the shop and head office are saying it will s and is also within manufacture specification and tolerance.

The issue I have with that is that I’ve not been shown any tolerances etc.


 
Posted : 28/12/2022 9:27 pm
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Don't you have an automatic right to reject and receive a refund within 14 days?
And as you haven't received the second sofa that 14 days hasn't started yet?

Your right to cancel an order for goods starts the moment you place your order and ends 14 days from the day you receive your goods.

If your order consists of multiple goods, the 14 day period runs from when you get the last of the batch.

This 14 day period is the time you have to decide whether to cancel, you then have a further 14 days to actually send the goods back.


 
Posted : 28/12/2022 9:41 pm
 hels
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Why a data subject access request out of curiosity? That is a right of access to your personal data, a report about a sofa is about a sofa not you. It might have your name on it but that is likely the only personal data. They don't have to release that to you under data protection law but they may give it up if it backs their position.


 
Posted : 28/12/2022 9:50 pm
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