Can I demand a refund

[luvlylady]

Last year I bought a set of two seater and three seater sofas from Happy Homes. These proved to be faulty and they offered me a replacement. This I accepted but had to pay an extra �500 as I chose a suite which I thought was sturdier. Within the first month of me having the suite, the scatter cushions started to fray . I complained to the manager and he replaced them. One month later THESE cushions started to fray - yet again they were replaced. Lo and behold two months later they frayed again. Also I voiced my concern to the manager about the workmanship of the suite. If the cushions were faulty within one month, how long would it take for the suite to fray. He assured me that is would not. It has! (The suite is less that 10 months old) He has visited my house and taken photographs of the suite agreed that it is not fit for purpose and I have been told that I can have YET ANOTHER replacement. This I am not happy about. I have lost all faith in this company and their furniture. Can I demand a full refund? The suite cost me nearly �2000.

[Ethel]

After ten months you are deemed to have accepted the suite - however, you can claim it has an inherent fault - poor quality material making it unfit for purpose.

Ask for a full refund.

[Doc Spock]

Don't think you can say " after 10 months" Ethel.

A complaint was made after 1 month.

Ask for full refund, in writing giving them 28 days.

Write after 28 days stating you will go to small claims court in 7 days.


There is no argument against the "fit for purpose" situation.

[Ethel]

Yes - the complaint after 1 months was about scatter cushions which do not affect the suite in any way - it can still be used and look good without scatter cushions (I assume).

[Doc Spock]

Whoops, bit of a presumption there by me.

I would say a case for full refund.

I shall ask my daughter in law who has just attained a law degree.

[luvlylady]

Thanks Doc Spock...I would be very grateful for an answer on this one as I am being pressurised by the company saying that I HAVE to have a replacement from them and they will not give me a refund

[Hammer]

You have a "reasonable" amount of time to inspect the goods and bring any defects to the retailer's attention. After that time you are deemed to have accepted the goods. Unfortunately, "reasonable amount of time" is not defined in law, but I think 10 months would be seen by the courts as a reasonable amount of time.

Once you have "accepted" the goods, you are not automatically entitled to a refund. The retailer is liable to remedy the situation, either by repair or replacement or payment of damages (partial refund). I don't think you any grounds for refusing the replacement.

However , I would be inclined to fight them for that sort of money. Google for "Sale of Goods Act" for the actual wording. It's all a bit loosely defined but if you write a stern letter and quote some of it at the retailer mentioning the small claims court, you may well get what you want!

More advice here http://www.consumerdirect.gov.uk/after_you_buy /know-your-rights/furniture/

[tufty7]

I had a problem once with DFS , similar situation to yours, foolishley I agreed to them taking it away to repair after my pregnant wife fell through the single seat chair.... (we laff about it now) anyway they gave us a loan suite , until ours was returned, when they did return it , we saw it was not ours but someone elses..... anyway i went straight down to the manager at DFS , he agreed to take it back and up grade it to a better model and split the difference with us , .... Moral of the story , Go to DFS or better furniture stores, choose the style and colour from the vast ranges , Jot down the model , colour and manufacturer, then go to a discount furniture store , every town has one , they will order it for you at a vast discount to what the big stores want , same suit , lower price and exactly the same back up ......