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Sofa Problems

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patbhoy | 13:35 Wed 24th Oct 2018 | Law
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I purchased two sofas from Sofology.
On delivery i pointed out an area of damage and a manufacturing fault to the delivery team and also forwarded photos to their technical team.
Sofology want to send someone to repair the faults but i have refused this saying i want the sofa replaced and not repaired.
Were do i stand legally, can i stick to my guns and insist on a replacement or do i need to give them the opportunity to repair?

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My first bit won't initially seem relevant but stick with it and I hope that you'll see why it still is really:

If you'd discovered a fault with the sofa after it had been in your possession for more than 30 days you'd have the right to a repair or replacement (but not to a refund). You could nominate which of those two options you'd prefer but the seller would still be entitled to choose the other one if it was cheaper or easier. (i.e. you could say "I want a replacement" but the seller could lawfully say "Sorry, I'm going to repair it").

However you noticed the fault within 30 days of receiving the sofa, so that means that you're entitled to a full refund. If you choose not to go down that route though you're then back in the same situation as if you'd not noticed the fault until much later on. (i.e. even though you want a replacement, the seller is entitled to only provide a repair).

So, as the law stands, you can't insist on a replacement. However all is not lost because you can use the threat of demanding a full refund as ammunition in your battle to get a replacement. (i.e. "The law says I'm entitled to a full refund and that's what I'm going to demand unless you provide a replacement, rather than a repair").

https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act
Did you sign the delivery slip as “damaged” ?
Sofology are a member of the furniture ombudsman scheme.
Based on my experience of a complaint (through them) they are heavily biased in favour of the retailer – and would advise you place your dispute before the financial ombudsman with the proviso that you paid by credit card (even if it was just the deposit) or other loan arrangement.

But before you can complain to an ombudsman, you must exhaust the retailer’s/credit firm’s complaints process.

If you do decide to use the furniture ombudsman (or another such scheme), should their decision go against you – you can still pursue the matter through the courts – but you cannot place the matter before another ombudsman scheme (such as the financial ombudsman).
This firm is notorious for procrastination. They will use every trick in the book to deny a refund or replacement. (I used to work for them) It used to be CSL before Sofology, but I believe DFS bought them out recently.

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