Please Help with section 75 claim

[London3]

Dear Legal Beagles,


We need help quick with a section 75 claim!!!!!


We paid for a large leather corner sofa with two separate bank credit cards. At delivery we immediately identified the faults with the sofa and communicated these straight away to the retailer, but the company failed to take responsibility for the faults.

After some major phonecalls, the retailer agreed to inspect the sofa on the same day at my home. One of the representatives admitted the faults but they both informed they will not be making a refund and refused to collect the sofa. I rejected the goods in writing on the day of delivery to the retailer and but have not collected their goods.



We paid a shocking nearly 5000 pounds for the sofa and cannot believe what we have ended up with. I can inbox anyone offering advise with the list of faults.




The retailer has referred us to the manufacturer who wants to conduct a inspection on the unit and write a report. I am not at all comfortable with this as this will be biased inspection from the start, as its done by a company contracted by the retailer. The retailer has already inspected the goods on the day of delivery, they now want another inspection. We have lost all faith in them.


We have wrote to both banks with a section 75 claim letter. Bank 1: called me a few days ago and said they will be writing to the retailer with a strong "indemnity letter" and may want us to have a independent inspection which they will pay for. Ok sounds good. Then today I had a call from the bank to say they have heard from the retailer who is trying to resolve the issue with me, (no they are not) and would like me to have the inspection done by the manufacturer. He kept saying the bank is a 3rd party. I explained the inspection will be biased and in favour of the retailer and would like the bank to pay for an independent inspection as this is what they suggested a few days ago. He also said if its biased then they will decide whether an independent inspection is required. Isn't it my right to get my money back and its not up to the bank to do what they feel like?? Feel fobbed off and have a feeling of collusion between the bank and retailer. Why have they changed their mind? Also told them to put everything in writing to me and then I will decide what to do.


The second bank told me they would try to get the money back through chargeback. After a bit of research I realised that this is how they try and fob off customers. I then wrote to them with a section 75 claim letter and have not yet heard from them.


Please someone advise us: Do we agree to the inspection by the manufacturer, which will be no doubt biased in favour of the retailer. This is what the bank and retailer wants, which makes me suspicious! Or do I pay for an independent inspection by an independent company tell the banks the reasons why and claim it back through section 75 and if at worse the small claims court, which I hope I won't need to go through, but prepared.


We just had contact from the retailer, saying that if we don't let their company do an independent inspection within the next 7 days, they are not going help me.



I really do hope to hear from someone soon with some advice and to point us in the right direction.

[mystery1]

Re: Please Help with section 75 claim

The goods are faulty. I assume you have proof. You rejected them as quickly as you could.

Follow the complaints procedure for all 3 companies but do not let them do anything but remove as you have already rejected. Once you've done the complaint procedures issue a letter before action. This may or may not spur them in to action. Be prepared to go all the way to court.

If you can evidence the faults and they are not minor you should have no issues in court.

M1

[PlanB]

Re: Please Help with section 75 claim

Believe it or not there is such a thing as The Furniture Ombudsman who can handle your dispute free of charge (if the supplier is a member and most big chains are) without the need to go to court. Read about their consumer redress process here:

http://www.thefurnitureombudsman.org/faqs

[MissFM]

Re: Please Help with section 75 claim

Believe it or not there is such a thing as The Furniture Ombudsman who can handle your dispute free of charge (if the supplier is a member and most big chains are) without the need to go to court. Read about their consumer redress process here:

http://www.thefurnitureombudsman.org/faqs

My goodness me!

[PlanB]

Re: Please Help with section 75 claim

My goodness me!

Not a lot of people know that

*with apologies to Sir Michael Caine of course

[London3]

Re: Please Help with section 75 claim

Dear mystery 1

Sorry for the obvious questions. So we proceed with the retailers inspection? Not sure what you mean by following the complaints procedures for the banks? Sorry this all new to me.

[London3]

Re: Please Help with section 75 claim

The company is not registered with the furniture ombudsman, already checked. Also a lot in the press about the furniture ombudsman being paid to side with the retailer
http://www.theguardian.com/money/201...-new-furniture

Read this which didn't install a lot of faith in me in using them independently.

[mystery1]

Re: Please Help with section 75 claim

Dear mystery 1

Sorry for the obvious questions. So we proceed with the retailers inspection? Not sure what you mean by following the complaints procedures for the banks? Sorry this all new to me.

The furniture company where you bought the suite must have a complaints procedure. You must follow that. You don't have to follow their staff saying you need to have the suite inspected again. The first fellow said it's faulty and you rejected it. Game over. The complaint is not now that it's faulty but is that it has been confirmed as faulty and they are not refunding.

Similarly the banks must also have their own complaints policy.


If you simply pitch up at court and you haven't tried to resolve the dispute( gone through the various complaint procedures) the court will not be happy. It simply is not a good idea !

Don't let them inspect the suite again. They had 1 chance and agreed it was a dud. I think they want to palm you off with a repair as it'll be cheaper for them.

M1

[PlanB]

Re: Please Help with section 75 claim

the retailer agreed to inspect the sofa on the same day at my home. One of the representatives admitted the faults but . . . .

The retailer has referred us to the manufacturer who wants to conduct a inspection on the unit and write a report. I am not at all comfortable with this as this will be biased inspection from the start, as its done by a company contracted by the retailer. The retailer has already inspected the goods on the day of delivery, they now want another inspection.

. . . want us to have a independent inspection which they will pay for. Ok sounds good. . . . the inspection will be biased and in favour of the retailer and would like the bank to pay for an independent inspection as this is what they suggested a few days ago. He also said if its biased then they will decide whether an independent inspection is required. . . .

. . . Do we agree to the inspection by the manufacturer, which will be no doubt biased in favour of the retailer. . . . This is what the bank and retailer wants

. . . . Or do I pay for an independent inspection by an independent company tell the banks the reasons why and claim it back through section 75 . . ..

I know it's difficult but try to be objective here and look at it through the eyes of a judge. Also cross each bridge as you come to it.

The retailer did not manufacturer the sofa they are simply the supplier. It doesn't seen all bad for them to ask the manufacturer to inspect the sofa and make a report.

You must be seen to be reasonable in front of a judge. You can always get your own *expert* opinion too further down the line. But by denying the manufacturer the opportunity to inspect the sofa which they made makes you look unreasonable. What if the manufacturer says "there is a definite fault"? What if they offer to replace or refund the cost of the sofa? If you don't let them inspect it you'll never know that will you? I don't think lack of faith or suspicion of prejudice is a good enough reason to prevent the potential Defendant in a court case acquiring necessary evidence prior to issuing court proceedings.

The retailer is not necessarily an expert witness. They sell sofas not manufacture them. The first bloke may have been right but his evidence is questionable if you wish to rely upon it in court.

Hasn't the bank already offered to arrange an independent inspection if you are not satisfied with the manufacturer's inspection so what's the problem with that?

[PlanB]

Re: Please Help with section 75 claim

We paid a shocking nearly 5000 pounds for the sofa and cannot believe what we have ended up with. I can inbox anyone offering advise with the list of faults.

Can you post the list of faults on here to get you some feedback. £5k is a lot for a sofa so it should be perfect!

Also post up the name of the retailer and the name of the manufacturer in case it's one of the usual suspects

[mystery1]

Re: Please Help with section 75 claim

The problem, as i see it, is that having rejected it he would muddy the waters in future dealings if he then allowed further inspections. It may be ruled later that the rejection was not absolute and they could try and say in court that instead of rejection he changed his mind and allowed a repair. As it stands it is a clear rejection.

The person who came to see and said it was faulty might not be an expert but it'd be fun if they tried to say he didn't qualify as a reasonable person.

M1

[London3]

Re: Please Help with section 75 claim

Can you post the list of faults on here to get you some feedback. £5k is a lot for a sofa so it should be perfect!

Also post up the name of the retailer and the name of the manufacturer in case it's one of the usual suspects

The faults/defects are as follows:
-The sofa units do not sit flush together and there are large, I mean large gaps between the seating, when in fact it should all sit flush together as one corner sofa. I can see my floor through the gaps and can place my hands in the gaps without touching the seating on either side. This is not how the product was described.


-The three seating cushions on the right hand side are all different sizes and do not form or look like they are part of one sofa.
-The corner unit has leather sagging on it.

Were told by the retailer it was made by natuzzi. But after delivery and a bit if research it is made by natuzzi's sister company editions aka Sofitel/italitel. It does not even state editions or natuzzi on my invoice.

Again in thanks for the advice. Yes was thinking along the same lines as you.

[London3]

Re: Please Help with section 75 claim

Hi mystery 1,
The person who looked at after delivery was one of their store representatives and although it was not a formal inspection they still entered my property and looked at the sofa and admitted the faults, but I do not have anything in writing from them, only an email from the lead customer services to say yes they came to my house. Instead their customer services is saying that after the 2 representatives left my house they thought there was nothing wrong with it. Contradicting what one of them said.
i do not want repairs but want a full refund. I am very upset about this. But the first bank is adamant that I let the manufacturer inspect.

[London3]

Re: Please Help with section 75 claim

Can I name the retailer?

[PlanB]

Re: Please Help with section 75 claim

The sofa units do not sit flush together and there are large, I mean large gaps between the seating, when in fact it should all sit flush together as one corner sofa. I can see my floor through the gaps and can place my hands in the gaps without touching the seating on either side.

-The three seating cushions on the right hand side are all different sizes and do not form or look like they are part of one sofa.

I'm go to be objective and not judgmental

It sounds like a stonking great sofa which was delivered in sections and then assembled inside your property. Am I right? In which case could this (the gaps between the units etc) be a problem with the assembly of the units rather than faulty manufacturing (I'll comment on your other issues separately). Who delivered and assembled the sofa?