I don't know my statutory rights

[Nana]

We bought a settee & armchair from DFS & it was delivered on Friday. OH was getting up from the settee last night & there was an almighty crack. He looked at the arm & there's a really big dint in it. The frame of the arm is broken.


I contacted the store this morning & they're sending someone out next week to see if they can repair it. I would like a full refund. Who can trust a suite if it breaks after two days use? We're going to the shop tomoro to see if we can get something sorted after OH gets back from work. Any suggestions would be really welcome.😢

[aggie]

Well it certainly ain't "fit for purpose" !

[Oma]

As its less than a week old i think you are entitled to reject it as unfit for use , Sum1 will most likely be able to give you some help on the legal side Nana

[Pearl5]

Be careful Nana we got our settee from DFS, a few days later when sitting on it you stood up and it left a dip in the chairs, contacted DFS and they sent someone around and padded out the whole settee, looked better so was happy with it, then a few weeks later all the colour on the sofa and chairs was starting to come off, they said it was due to what clothes we wear, came out and put a stain on all over, i wasn't happy this time and wanted a refund, but because i had accepted the repairs i couldn't get one, i had a huge battle with them where they continued to come out paint it, i ended up keeping it, but regret not taking it further at the time, sounds like Aggie says, not fit for purpose, hope you get it sorted and get a full refund if that is what you want...

[Daisy]

Nan - If a piece of furniture breaks under normal use within a few days, it definitely isn't fit for purpose. You have to reject it formally if you don't want it repaired.

The sale of Goods Act has very recently been replaced by the Consumer Rights Act:

http://www.which.co.uk/consumer-righ...e-of-goods-act

Good luck! I'd be pretty fed up if it happened to me.

[Elisi]

Listen to Daisy, Nan. Good luck.

[Nanto2girls]

Hope you get a full refund Nana.I would certainly reject it.

[Sum1Ls]

Daisy is correct. Insist on a refund. It isn't fit for purpose. Accept no excuses and no repairs. If they argue tell them you will go to to the small claims court.

[Nana]

Thank you everyone. We were going to the store tonight but OH was late from work, so we had to put it off until tomorrow. I didn't know whether or not we were entitled to refusing a repair. Can we refuse?


Daisy I've just been on the website & it's brilliant. There's a 'template' letter on there so I'll write one tomoro & take it with me & keep a copy for myself of course. Thank you so much again everyone.

[Daisy]

Nana - glad it was useful, and I hope they apologise profusely, collect the faulty suite and replace it. Let us know how you get on.

[Nana]

Gave the manager the letter Wednesday rejecting the suite. He said the 'other' manager will deal with it tomoro. He was apologetic though so I hope it will go ahead without any problems. I've asked for a full refund & collection at their expense. I'm presuming we can just cancel the insurance. If all goes well I'm really not sure where to look for another one. My sister used Harvey & there's faults to one of the sofas.

[Glammanana]

Nana with regard to looking elsewhere I would go no further than John Lewis their after sales is second to none in my experience,but back to DFS we ordered a set of two sofa's nearly 7 years ago now and it has been the best suite we have ever had, the leather has aged with time but it looks better now than when we bought it so I do think its the suppliers that they use who are the problem with the furniture sometimes, the suite we bought has stayed quite nice and I would be sorry to see it go but I think next year we will replace it for reclining chairs.

[Nana]

Update.....the Manager rang me today & said he'd read the letter & said I can't reject the suite or have a refund. The contract covers manufacture & delivery. Once it's signed for all they do is to repair it. I said I wasn't going to argue & that if he didn't refund it would go to Court. He said 'fine'. I also said I would write a negative review on FBk & he said 'fine'.

He said I obviously do not know the law as my rejection letter means nothing as the law changed 1st October 2015, so I said that he doesn't know that much either because the letter was written according to pre 1st October laws. He's insisting we accept repair. I would dread Court, but I will not be bullied. No way will I keep a suite that broke after two days use.

The conversation finished by him repeating that I will not get a refund & me reminding him the Company has less than 7 days to refund & the longer they delay its worse for them. His reply...yes you guessed 'fine' .....but 'you won't get a refund'.

Looks like we'll be sitting on the floor til this gets settled. I used the template letter on the site you suggested Daisy. I don't know what to do next really so I'm hoping someone who knows the law on here can help me out. I feel sick & quite distressed at the thought of Court.

[Daisy]

Nana I can't reply properly at the moment with GD1 helping. But what an outrageous, horrible man. If your letter was the template from the new law, he doesn't know what he's talking about! They can't enforce a contract that contradicts the law of the land. I would definitely be writing to Hea Offic, posting on FB and Twitter, but whatever you do don't let yourself get upset. It will get sorted. Perhaps a quick call to Trading Standards office and/or CAB would help. Xx

[Nana]

(I tried liking your post Daisy but it won't let me). Thanks for helping.x