Consumer rights - sofa unfit for purpose

[pewe]

Just under 5 months ago we purchased a sofa.

By the middle of January (15 weeks in) the filling in both of the seat cushions had become very uncomfortable because the filling used consisted of 2 different materials in the same cushion, collapsing at different rates making the cushion lumpy..

We placed a review on Trust Pilot to this effect and were immediately contacted by the supplier asking for details of the problem, including photographs - which we supplied.

The supplier viewed our complaint and offered a small amount by way of a refund (just under 25%) saying that they were a small business and could not offer any more as they work on small margins, and asking us to accept the offer and take the review down

I rejected the offer pointing out that although they may be working on small margins, we live on the state pension and cannot afford to waste money - we asked them to supply replacement cushions, pointing out that the sofa seats failing meant it was not fit for purpose as it was.

They replied saying that they have no individual cushions and could not supply a replacement sofa as they do not have it in stock. They also increased their offer to either 45% of purchase value or a replacement of the same sofa but in totally unacceptable colours.

Before responding to this offer I wondered if anyone here could advise on exactly what our rights are (under Consumer Goods) and suggest a way forward.

[echat11]

How did you pay?

[Pezza54]

Within 6 months from the date of delivery, under the Consumer Regulations Act 2015, if the goods develop a fault the consumer has the right to repair, replacement or to negotiate a refund (a deduction in price)
The company is unable to repair the goods (separate cushions are unavailable), has offered a replacement sofa but you are unhappy with available pattern colours and has now offered a 45% reduction on the original price.
To reject the sofa and receive a refund greater than 45% (the court may make a deduction for usage) you may have to make a court claim. This claim could take up to 12 months for a court decision, and there is no guarantee you will win your case. If you decide on the court route you should store the sofa safely and not use it

[R0b]

To reject the sofa and receive a refund greater than 45% (the court may make a deduction for usage)

On the above point, deduction for use cannot be made if the final right to reject was exercised within 6 months of (a) possession of the goods, (b) delivery or (c) the date on which the trader has to install/set up the goods. The above rule does not apply to motor vehicles and a deduction can be made within 6 months, otherwise for other goods a deduction cannot be made.

If I'm being honest, it's not clear to me that the OP has actually rejected the goods. The CRA requires the consumer to indicate to the trader that he or she is rejecting the goods. Writing a poor review on TrustPilot does not in my view comply with that requirement to indicate to the trader that the goods are being rejected.

So if the OP wants to reject the goods under the CRA, it should be communicated unequivocally to the trader that they are exercising their final right to reject under the CRA on the basis that a replacement of some of the goods are not possible (as admitted by the trader) and the reduction in price offered is not acceptable, therefore a refund should be expected and arrangements to collect the sofa.

The OP then has to take the risk going to court if not paid and that the trader doesn't shut up shop and claim insolvency.

[Pezza54]

Thanks R0B, my mistake about a deduction made from a full refund.
If the trader refuses rejection and the consumer starts a court claim, does the consumer have to store the goods safely and not use them?
If yes it seems impractical with a sofa. Not many homes have spare space to store such a large item

[R0b]

The consumer will usually be treated as an involuntary bailee of the goods which means they have to take reasonable care whilst in their possession i.e. not allow damage to be caused to the sofa.

You have to allow a reasonable time for collection to be made but if the trader refuses to collect or fails to turn up by the required time, the consumer could then put it into storage and claim costs of that back as part of a court claim. But I would also be asking the court to make an order for sale under Torts (Interference with Goods) Act 1977 and allow the consumer to recoup back the costs of storage the sofa. Of course the consumer will need to continue paying storage costs until a court decision is made.

[Pezza54]

Thanks R0B
I think OP now has sufficient info on the CRA to make a decision whether to formally reject the sofa or accept the 45% reduction in price

[islandgirl]

I think I would take the 45 percent and have my own cushions made using that money....

[echat11]

I think I would take the 45 percent and have my own cushions made using that money....

Can you knit?

[islandgirl]

Can you knit?

Only fog
Given that a 1k sofa should give £450 back then restuffing the cushions with more bottom friendly filing seems possible at that price...

[echat11]

Only fog
Given that a 1k sofa should give £450 back then restuffing the cushions with more bottom friendly filing seems possible at that price...

Ah, good thing a chunk of money is coming their way. I was about to outsource your 'knitting' services, cancel that.