I was asked for advice on problems with a faulty sofa with a well-known retailer that cost £1,000. Problems with faulty sofas and consumer rights appears to be a common problem, so I was surprised it has taken so long to hit my radar.
BACKGROUND
The customer asked on Twitter, “Would you be happy with the condition of your + £1,000 sofa looking like this after weeks of use? It’s poor quality and they have pretty much said to take the inners out of the covers every day and rework them?”
This was the photo she uploaded. I have seen better quality sofas in a charity shop.
The customer raised a complaint within days and took a screenshot of the closing response which said, “Support Resolved: Poor Quality”.
The issues remained unresolved after 3 months and it appears to be unfit for use. Someone mentioned that it seems that inferior foam has been used that is breaking apart.
It was paid for by credit card.
WHAT ARE MY RIGHTS ON FAULTY SOFAS?
You are entitled to a refund, repair or replacement whether it is new or second-hand on faulty sofas.
You only need to give a retailer one opportunity to remedy the same fault.
CONSUMER RIGHTS ACT 2015
The Consumer Rights Act 2015 states that any product sold ought to be:
- Fit for purpose
- As described
- Satisfactory quality
- Last a reasonable length of time
You have a short-term right to reject within 30 days and request a full refund. Once that has elapsed, you are entitled to a remedy within the first 6 months. The retailer can elect to give you a refund, repair or a replacement.
The onus is on the retailer to prove it was not faulty within the first 6 months.
After 6 months, the onus is on you to prove your case.
SHORT-TERM RIGHT TO REJECT WITHIN 30 DAYS
That has elapsed in this case, although crucially the retailer has confirmed that the sofa is poor quality within 30 days. The sofa clearly does not meet the Consumer Rights Act 2015.
ACTION
I would take the following action:
- Reject the sofa in writing under the Consumer Rights Act 2015.
- Raise a dispute with the credit card provider under S75 of the Consumer Credit Act 1974 as they are jointly liable.
- Request a full refund under the circumstances in-line with the retailer confirming it was poor quality within 30 days.
SECTION 75 CONSUMER CREDIT ACT 1974
This applies and holds a credit card provider jointly liable for purchases over £100, even if a deposit of 1p has been paid by credit card.
WEAR AND TEAR DEDUCTIONS
I would not accept a fob off for wear and tear either on deductions in this instance.
The customer is entitled to a full refund under the circumstances as it clearly has inherent faults. This has been confirmed in writing by the retailer within 30 days.
You can expect wear and tear deductions once 6 months has elapsed. Deductions are calculated based on the estimated lifespan of the product.
CAN I RETURN FAULTY SOFAS I BOUGHT ONLINE?
The Consumer Contracts Regulations 2013 gives you the right to cancel and return online purchases within 14 days of receipt for any reason. This is often referred to as a ‘cooling off period’.
This does not affect your consumer rights. You still have 30 days to return faulty items for a full refund.
SMALL CLAIMS COURT
You can take your claim to the Small Claims Court, although this has to be seen as the last resort.
You will be expected to prove that you have tried to resolve your dispute with the retailer first.
There is a sliding scale of fees which are refundable if you win your case.
Put everything in writing, stick to the facts and bullet-point the timeframe so it is easy to follow.
Try to resolve the dispute by telling the retailer why you intend to claim against them, suggesting a timetable with actions you want them to take and explaining that you will go to Court if they do not follow that timetable.
Ask if they have a complaints process. You need to give a retailer every opportunity to settle it before you take legal action.
If you have exhausted all those options, you can complete a Small Claims form online via www.gov.uk/make-money-claim – but do not submit it yet.
LETTER BEFORE ACTION
Send a ‘letter before action’ to the retailer with a copy of the Small Claim form, telling them you are giving them 14 days’ notice before proceeding.
A ‘letter before action’ puts the retailer on notice and gives them one final opportunity to settle your case.
You can send it by email. There is no legal requirement to use recorded delivery.
Have you had problems with faulty sofas? How did you resolve it and what was the outcome?
Hi I bought a sofa from DFS, when it was delivered I noticed the two halves of the sofa didn’t align , I also spotted a scratch on the arm, I reported the faults the same evening as the delivery and was booked in for a technician to inspect the faults, He came yesterday and confirmed the reclining framework was bent, the scratch but should be repairable, he also spotted two indentation on the arm.
I would like to reject the sofa as I’m still within the 30 days short term right to reject but do I have to give them a chance the repair the 3 things wrong with the sofa ?
Kind regards
Adrian
I bought a sofa from DFS 3 to 4 months ago I’ve rung up the customer service department four times they tell me they have emailed the Stevenage store four times as well to contact me I have had one message to let telling me they want to come and patch my four month old sofa for repair which I do not want they are telling me I cannot have a full refund because it is over 14 day period which I find very hard to believe I told them I am thinking about taking this matter to port as I’m not gonna get the result with my learning difficulties and my disabilities I feel that you’re taking advantage of me I’ve got no one to turn to for this help as I cannot read and write very well for very low IQ I told you if this is I just don’t care the manager still did not call me by the end of today which is Saturday she was meant to my Nextep and advice bureau for them to write to DFS on my behalf as I cannot do it myself I paid DFS £878 everything I had was from my personal independent payment which I was taking each month to pay for this I told him there’s something as well she said there’s nothing we can do where do I turn please help and advise thank you
Hello. We bought a 2 & 3 seat sofa in April. When we unpacked it we noticed a Split in one of the “Ear/Wing” sections. We called the retailer and informed them of the split, they said they would contact the manufacturer. A few weeks later one of the springs in the 3 seater started to clunk in under the cushion so again we called the shop. They told us they would get a repair company to inspect/repair the spring and also take a look at the split. Homeserve came out and successfully sorted the spring out but said they couldn’t repair the split and would ask the shop to order a new section…..It’s nearly November now and we still haven’t received a new section despite repeated requests. On 5th August a very nasty loud creak began (sounds like the wooden frame is giving way, we sent an audio of the noise to the shop but nothing has been done about it, the shop say it’s difficult as the manufacturers staff are all working from home!!!. The final nail in the coffin is a section of stitching on the 2 seater is coming apart (noticed it this week)… We’ve had enough..it’s coming up to 6 months since we received it and we’re on fault number 4 (only 1 fault resolved) What are my rights? Can i demand a refund?
We purchased a leather suite from Natuzzi Editions, our first choice of sofa arrived and within 3 days the leather was sagging significantly and was so uncomfortable you couldn’t even sit on it. I asked to reject it but they persuaded me they could make it comfortable but failed in doing this.
They then offered a reselection; We opted for the Portento model and within 6 months the frame broke and within 18 months (still in warranty) the interior foam deteriorated rapidly on the left and right side to the point where you can feel metal ratchets in your back. They claimed this is not a defect and the problem has occurred due to our preferred seating position, not sure how you can sit on a sofa wrong. As a gesture of goodwill they offered to fill it out with more padding. It was still in warranty so not sure why this is a gesture of goodwill.
We have raised a chargeback with the finance company who wanted to send Homeserve for an inspection but we had already booked in our own local company. The technician we appointed has a degree in furniture design and manufacturing so highly qualified. He agreed that the sofa has a fundamental design flaw, there is no barrier between the foam and the metal and as a consequence the metal is tearing through the foam. Any extra padding would only be a temporary solution. Obviously we are not enthused by this as we paid £6.5k for sofa we though would last 10 years plus, they haven’t even lasted two.
The finance company are telling us they want a 3rd opinion as Natuzzi still don’t agree. We don’t really want yet another technician as this could just go on and on. I am not really sure where to turn now and hoping you can help.
Thanks
Bought leather sofa from Furniture village it was delivered one week ago – the back does not line up and is not the same as one in store they are sending someone to inspect it but they are saying am not entitled to a refund as it was a bespoke item? Does choosing a colour make it bespoke?
Hi,what if the first sofa had a stuffing problem and was extremely uncomfy, technician agreed to stuffing problem
I chose to askfir a refund as uncomfy,they,sofas and stuff,said they were entitled to keep 35% if total amnt,or 25% if we ordered new sofa through them,so had to order a cheaper sofa,they promised me it would be here in 10 weeks,as I had said I was going to cut my losses and order from someone else who could deliver in 8,12 weeks later I asked where my sofa was,it came at 13 weeks, stuffing problem again, technician can’t come for 4 weeks,At delivery we signed saying there was a problem and followed it up
I asked for a full refund,told no, technician has to see it first,same technician carries out the work,was told unbiased
I contacted them re the stress it was causing and have now been waiting for a quality sofa since Feb 2022,
I am sure technician will say a fault,I hate looking at the sofa and chair as it just fills me with stress and kiss of money.
Am I entitled fir anything re inconvenience,I have consistently told them how I’ll it is making me and that I want to go somewhere else and not loose another 35/25% of cost,started off at just over £5000.
Bought on line
Help would really be appreciated,have gone into anti deps and anxiety meds since dealing with and havheart and lung disease,have told them this many thanks
I bought a Natuzzi leather corner unit which was delivered today.
The leather on the seats and one arm is wrinkled and you can ‘pinch an inch’ of leather on some of the seats .
I took pictures and went to the store where i purchased it from. I was told the foam would expand to iron out the wrinkles over the next few weeks and come back in a month.
The settee cost £5500 and looks like it has been used for years.
The delivery took 6 months so they are unlikely to replace this, any suggestions please?
We bought a 3 piece suite from John Lewis 3 months ago and the sofa is faulty. John Lweis sent a technician out who confirmed that the frame was poorly constructed and that it was not repairable. John Lewis are trying to get confirmation from their manufacturer that they can colour match the original before replacing it. The last thing I want is a replacement sofa that doesnt match the other 2 hairs. Can I demand a new 3 piece suite on that basis?
I bought a sofa from dfs on finance it arrived at my house after 16 weeks of ordering it the cuddle chair arrived with 5 feet missing plus 4 holes in the leather,the 4 seater had two smashed feet and a hole in the leather on the right arm,the foot stool had a hole in it no guides for the top so hits the ground when opened also all the screws have been fitted in squint the single seater has thread bearing and a hole in the leather I notified the delivery drivers they recorded it and I phoned DFS the next again day wanting to return it as it’s damaged and not fit for purpose but said that someone would come out on the 5th of September Monday past the area manager said it could be repaired but I’m not happy with that I said I would be happy to go in-store and choose something else or just go elsewhere I’ve now had a phone call from dfs today saying that I have no consumers rights and my only option is a repair because it’s made to order furniture I said I want to return it and choose something else the person on the phone persisted in saying they can only offer a repair that’s my only option I said no then he said that the finance company has paid them and it doesn’t matter if I return it on my own the sofa has been laying in my living room in used now for 4-5 weeks and getting ready to hire a van and take the sofa back to the shops myself.
I told the person on the phone even if it was repaired I will never be happy with it as it’s turned up the way it did I’m dishearten now with the whole situation what can I do I don’t want it in my house I just want it gone.
we bought a sofa in July 2021 we paid £4.500ish on a credit card. It was delivered Oct 2021, and we saw the delivery man drop a section of it on the ground which scuffed the leather. We pointed out the damage before they left and he said he had reported it in and we should do the same, which we did. We have sent them pictures of all the damages because we also had faulty dining chairs delivered too, table was ok though. the set cost £2,500ish. It is nearly 10 months now since delivery and nothing has been done despite my numerous emails and going back to the shop several times to have them report it in along with photos. We live an hour away and being an elderly driver it’s no fun driving all that way to keep complaining. Is there anything more I can do to get this resolved? Kind regards Lyn
We bought a teak garden table with 8 matching chairs online, two months ago and paid by PayPal. The chairs have hair line cracks and the joints are now loose, meaning that some of them wobble when you sit on them. Can I ask for a refund and would I need to pay return carriage?