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Mradcliffe - Cancellation?

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  • Mradcliffe - Cancellation?

    My mother recently bought a couch from a well know furniture company, for the sake of this story lets call them SCS of Portract Lane Stockton.

    She paid almost £1000 for a 2 seater and a 3 seater couch. She looked at it twice and did all the things you are supposed to do, before she made the purchase. 4 weeks later the couch arrived and very soon, after only a couple of sittings, she hated it. The problem is that when you sit on the couch, due to the design the seat cushions, they become very uneven and untidy looking, apparently this is the style. My mother who is very house proud and to be be honest a bit neurotic, did not like this look. After reading the after-sales literature for the maintenance of the cushions she learnt that in order to keep the couch looking at its best you need to 'plump' the cushions back into shape. According to the instructions from SCS this is done by picking the cushions up and shaking them back into shape.

    Now, this is the problem she is faced with, my mother is 71 years old, she has a number of medical condition that means that she is incapable of following the 'plumping' procedure as defined by SCS. My mother, although did not state to the sales person she had any medical conditions at the time of purchase, she did exhibit clear signs that she was not well by having to sit down from just walking around the showroom. Signs that the Sales person clearly saw.
    10:18 [mradcliffe]: My mother has now wrote 2 letters to SCS explaining that she cannot maintain the couch and she would like her money back. SCS, have unequivocally said NO. My mother, in her desperation has told SCS that they can keep the deposit she paid in cash, £210 as long as they rip up the credit agreement and come and collect the couch. SCS said NO.

    I personally think that SCS at the time of purchase should have mentioned what was involved to keep the couch looking at its best so my mother could have made a fully informed decision. It is my opinion that the couch was mis-sold to my mother and SCS should hold their hand up and admit some quilt in this issue. They should then accept my mother more than generous offer and come and collect the couch, ripping up the credit agreement in the process.

    It seems that the only move my mother has left is to take SCS to court to fight for her money. This is potentially throwing good money after bad...What do you think?

  • #2
    Re: Mradcliffe - Cancellation?

    It is my opinion that the couch was mis-sold to my mother and SCS should hold their hand up and admit some quilt in this issue.
    Was it a sofa bed?

    Comment


    • #3
      Re: Mradcliffe - Cancellation?

      No it was not a sofa bed.

      Comment


      • #4
        Re: Mradcliffe - Cancellation?

        I am not convinced of the merits of this case since the purpose of the sofa is to sit on, not to look nice and although its appearance is important, your mother presumably accepted it, having seen it twice before purchasing it.

        I do not believe that there is a case here and would not advocate taking SCS to court. There is no right of rejection because one does not like the look of something or one cannot carry out a particular procedure.

        Comment


        • #5
          Re: Mradcliffe - Cancellation?

          Maybe mis-sold is the wrong phrase. How about mis-representation. If somebody has a cold you don't notice it until they sneeze.

          These cushions weigh 14 pounds each. Trust me it is not easy for anybody to Plump them up. I think that SCS should have, instead of worrying about the sale, been honest and told my mother of what was involved with the maintenance. She still would have bought a couch, just not one that was not suitable for her.

          Matt

          Comment


          • #6
            Re: Mradcliffe - Cancellation?

            A situation which recently happened to me was when looking at a particular mobile phone which I was interested in the sales person made sure to inform me that it was sensitive to touch and could not be actioned when sending text messages or internet by my long nails and it had to be my actual finger. They did not have that actual model of phone on display and I was taking the contract blindly.

            I was grateful to this sales person for mentioning this to me as I could have taken out a contract with a phone that was no good for me, although as it was a contract I did have 14 days to see if I liked it. In your case your mother I assume sat on the sofa before purchasing and would have noticed that the cusions needed pumping up.

            Tuttsi

            Comment


            • #7
              Re: Mradcliffe - Cancellation?

              Originally posted by Amy View Post
              It seems that the only move my mother has left is to take SCS to court to fight for her money. This is potentially throwing good money after bad..
              Not potentially, I can 100% guarantee you would lose in court. This is a clear case of 'caveat emptor'.

              Comment


              • #8
                Re: Mradcliffe - Cancellation?

                Originally posted by michael View Post
                Not potentially, I can 100% guarantee you would lose in court. This is a clear case of 'caveat emptor'.

                Buyer Beware. Don't really understand this, but it sounds like you do and you sound very sure. Thanks!

                Matt

                Comment

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