Faulty Dining Room Table

[Bazza]

Hopefully posted under correct thread.

Purchased dining room table July 2015 and paid for in full.

Delay in delivery item eventually arrived end of September 2015.

March 2016, noticed table was faulty (movement) and when checked underneath there was visable damage to three leg joins.

Took photo evidence and contacted retailer. April 2016 manager came to house to check product and confirmed under gaurantee. Said they would contact us within the week.

Heard nothing so contacted them 2nd week in May 2016. Did not offer refund but said a replacement had been ordered. Told OH that not same table as been modified.

Still no contact about replacement table so OH called them again and said that it will be delivered from 6-8 weeks.

July 2016 called retailer again as heard nothing, confirmed that table ready to be delivered.

Now due to the poor quality and customer service are we still entitled to a full refund or do we have to accept the replacement table ?

Thank-you

[PAWS]

Re: Faulty Dining Room Table

I am sure someone will give you expert advice re your legal position but in the meantime...was this just a local manufacturer or part of a large chain. The reason I ask is that emailing the CEO might be an option and may save you a lot of grief in the long run.

[charitynjw]

Re: Faulty Dining Room Table

Hi Bazza

You don't do easy, do you lol!

You bought the item in July 2015.
SOGA would still be relevant.
But you did not become aware of the defect until March 2016; the Consumer Rights Act would be the relevant legislation by then.

[Bazza]

Re: Faulty Dining Room Table

I am sure someone will give you expert advice re your legal position but in the meantime...was this just a local manufacturer or part of a large chain. The reason I ask is that emailing the CEO might be an option and may save you a lot of grief in the long run.

Thanks PAWS

It was a local retailer / shop part of Harden 2000 Ltd.

[Bazza]

Re: Faulty Dining Room Table

Hi Bazza

You don't do easy, do you lol!

You bought the item in July 2015.
SOGA would still be relevant.
But you did not become aware of the defect until March 2016; the Consumer Rights Act would be the relevant legislation by then.

Lol no we don't charitynjw.

Item purchased July 2015 and paid for but not delivered until September 2015 after chasing shop.

Item started detiorating March 2016 hence our complaint.

They told OH that item had been modified. We would have accepted new table but service has been poor and would like to avoid giving them our custom if possible.

[charitynjw]

Re: Faulty Dining Room Table

You took delivery end Sept 2015.
You noticed the defect March 2016, & somewhere within March/April 2016 you complained to the seller.
Can you be more precise with the dates, as a 6-month period may be relevant?

Btw, if you paid all or some of it by credit card you might have a CCA s75 claim.

I'll also give [MENTION=71570]R0b[/MENTION] & [MENTION=39710]des8[/MENTION] a nudge

[des8]

Re: Faulty Dining Room Table

I don't think it matters whether we look to SOGA or CRA2015.(which applies to goods bought AFTER Oct 2015)

In this case a fault was reported to the retailer .
This was 6 months after delivery and retailer has the opportunity to offer repair or replacement (CRA2015)
The retailer offered a replacement.
Bazza's posts imply that he (or OH) initially agreed to accept replacement.
Replacement is about to be delivered.

IMO replacement should be accepted.
Of course if replacement is faulty/develops faults ..............

[charitynjw]

Re: Faulty Dining Room Table

I don't think it matters whether we look to SOGA or CRA2015.

In this case a fault was reported to the retailer .
This was 6 months after delivery and retailer has the opportunity to offer repair or replacement (CRA2015)
The retailer offered a replacement.
Bazza's posts imply that he (or OH) initially agreed to accept replacement.
Replacement is about to be delivered.

IMO replacement should be accepted.
Of course if replacement is faulty/develops faults ..............

Agreed, but in red above, CRA does give a final right to reject.................

[Bazza]

Re: Faulty Dining Room Table

You took delivery end Sept 2015.
You noticed the defect March 2016, & somewhere within March/April 2016 you complained to the seller.
Can you be more precise with the dates, as a 6-month period may be relevant?

Btw, if you paid all or some of it by credit card you might have a CCA s75 claim.

I'll also give @R0b & @des8 a nudge

Thanks again.

Trying to establish exact dates with OH.

But will not be far from what I mentioned. Item actually purchased and paid for end of June 2015. Told 6-8 weeks at max for delivery.

No calls to advise delay, OH chased on weekly basis until item received end of Sept 2015.

It was actually the third week in April 2016, that we noticed the table was moving. Checked legs thinking that they need tightening and discovered damaged. Complained to shop in which manager came to house to see damage and said that they would respond within 7 days.

OH eventually spoke again to shop who did not offer any full refund but just said that they have ordered a replacement table. She was told that item would not be the same but an improved alternative. No discussion of value or product involved.

All was paid in cash apparently (will confirm OH is out at moment).

So that's what I was concerned about 6 months time limit and proving that item was faulty at point of sale.

Perhaps we should just accept the replacement and never use the shop ever again.

[charitynjw]

Re: Faulty Dining Room Table

Thanks again.

Trying to establish exact dates with OH.

But will not be far from what I mentioned. Item actually purchased and paid for end of June 2015. Told 6-8 weeks at max for delivery.

No calls to advise delay, OH chased on weekly basis until item received end of Sept 2015.

It was actually the third week in April 2016, that we noticed the table was moving. Checked legs thinking that they need tightening and discovered damaged. Complained to shop in which manager came to house to see damage and said that they would respond within 7 days.

OH eventually spoke again to shop who did not offer any full refund but just said that they have ordered a replacement table. She was told that item would not be the same but an improved alternative. No discussion of value or product involved.

All was paid in cash apparently (will confirm OH is out at moment).

So that's what I was concerned about 6 months time limit and proving that item was faulty at point of sale.

Perhaps we should just accept the replacement and never use the shop ever again.

Hi Bazza

The 6 months starts from when you took delivery of the item, but by my math (dodgy to rely on that, lol) you are outside of that.

The goods still have to be of reasonable quality & fit for purpose (generally speaking, the more expensive compared to other tables, the more 'durable' comes into play), & you still have a good case for repair/replacement.

Personally, it does seem a bit odd that the date for cause of action seems to be the delivery date & not when you/a reasonable person became aware of the problem.
This protection is built into a lot of other law (compare the Latent Damage Act/ s14A Limitation Act, etc.)
Mind you, I might be wrong in my interpretation of the CRA........(I haven't checked SOGA)

[des8]

Re: Faulty Dining Room Table

I think you'll find CRA 2015 only applies to goods purchased after Oct 2015

[Bazza]

Re: Faulty Dining Room Table

Hi Bazza

The 6 months starts from when you took delivery of the item, but by my math (dodgy to rely on that, lol) you are outside of that.

The goods still have to be of reasonable quality & fit for purpose (generally speaking, the more expensive compared to other tables, the more 'durable' comes into play), & you still have a good case for repair/replacement.

Personally, it does seem a bit odd that the date for cause of action seems to be the delivery date & not when you/a reasonable person became aware of the problem.
This protection is built into a lot of other law (compare the Latent Damage Act/ s14A Limitation Act, etc.)
Mind you, I might be wrong in my interpretation of the CRA........(I haven't checked SOGA)

Thanks again charitynjw

Order / purchase was end of June 2015 - Deposit paid and balance on delivery but OH paid remainder beginning of July.

Delivery promised 6-8 weeks.

No delivery by then and no contact. OH called shop on numerous occasions and delivery finally at end of Sept 2015.

April 2016 table started moving and when checked underneath there was visable damage to leg joins. So yes that was when we became aware of the problem. We contacted the Store Manager and home visit / inspection made end of April 2016.

Called back May 2016 confirming that a replacement table has been ordered, same model but modified. No offer of refund.

Perhaps I will just pay a visit to the store today to discuss further.

- - - Updated - - -

I think you'll find CRA 2015 only applies to goods purchased after Oct 2015

Ok des8 thanks for comments.

[charitynjw]

Re: Faulty Dining Room Table

[MENTION=36423]Bazza[/MENTION] - let us know how you get on, & good luck!

[Bazza]

Re: Faulty Dining Room Table

@Bazza - let us know how you get on, & good luck!

Thanks again and will do.