Entitled to a refund?

[Buckles]

Purchased a leather suite in June 15 from Debenhams. Complained Aug that the leather seats were extremely baggy. Complained again in Sept that the filling in the cushions was bunching up. Examined the cushions and advised Debs that it looked like a 'poundland cushion stuck on top of a foam pad' After long delays Debs sent a technician - on behalf of the manufacturer - who said it was not a manufacturing fault but if the filling had been 100% foam the problems would not have happened. He also said we should have been advised of the content. There was no information in store on the suite and in the time spent with the saleswoman, she made no mention of the content. (Ok we were naive having assumed that the filling was 100% foam) Debs apologised for the lack of information in store and that we should have received that info with the delivery. (too late!) They also advised that it was a maintenance issue and that the cushions should be 'plumped' up regularly. I suffer with arthritis and it is impossible for me to 'plump' the cushions. If we had known the content we would NEVER have purchased the suite. Debs have now offered to replace the cushions - but with exactly the same type of filling!! Useless to me! I told Debs that by their omission/misrepresentation about the content I accuse them of negligence and that I would apply for a refund under Section 75 of the consumer credit act. They are dragging their heels in response and I wonder if LegalBeagles think I am entitled to a refund? Welcome your advice.

[Debt Camel]

Re: Entitled to a refund?

what was it filled with?

[Buckles]

Re: Entitled to a refund?

Hi Debt Camel - hope you get this - as not only am I a Junior member I am also new to Forums - (thanks to my sons trying to get me to enter the 21st Century!!)

The filling of the cushions is 50% foam 50% fibre. We assumed it was 100% foam and there was no information in store/on the suite itself to indicate the content. I realise we were naive but in our 44 years of marriage we had only purchased 2 leather suites, both with cushions of 100% foam.

Hope you are able to offer some advice.

Happy New Year.

[Kati]

Re: Entitled to a refund?

:bump: for [MENTION=48934]Debt Camel[/MENTION] xx

[Debt Camel]

Re: Entitled to a refund?

OK a quick google suggests that you don't have to plump foam cushions. If you are saying that in store there was no information about what the filing was then this would appear to be misleading to me.

"They are dragging their heels in response " How long has it been since you write to them?

[Buckles]

Re: Entitled to a refund?

Evening Debt Camel - We started complaining about the filling in the cushions in 0ctober - Debenhams did offer just before Christmas to replace the cushions - but with exactly the same type of filling - USELESS to me as I suffer from arthritis and can't 'plump' them and as the existing cushions need to be 'maintained' then the replacement cushions will also need maintaining! I am reluctant to accept the replacement - if the same problem occurs after 2 months (as it did with the original cushions) will they replace those as well. I just wondered if I had the right to ask for a refund as I think that due to the relevant info regarding the filling not being displayed Debenhams were negligent.

[Debt Camel]

Re: Entitled to a refund?

I would reply to their pre Xmas offer in writing saying it is unacceptable. And also contact your credit card co and say you want a section 75 refund explaining the reason - sample letter here https://www.citizensadvice.org.uk/co...edit-provider/

[Openlaw15]

Re: Entitled to a refund?

Purchased a leather suite in June 15 from Debenhams. Complained Aug that the leather seats were extremely baggy. Complained again in Sept that the filling in the cushions was bunching up. Examined the cushions and advised Debs that it looked like a 'poundland cushion stuck on top of a foam pad' After long delays Debs sent a technician - on behalf of the manufacturer - who said it was not a manufacturing fault but if the filling had been 100% foam the problems would not have happened. He also said we should have been advised of the content. There was no information in store on the suite and in the time spent with the saleswoman, she made no mention of the content. (Ok we were naive having assumed that the filling was 100% foam) Debs apologised for the lack of information in store and that we should have received that info with the delivery. (too late!) They also advised that it was a maintenance issue and that the cushions should be 'plumped' up regularly. I suffer with arthritis and it is impossible for me to 'plump' the cushions. If we had known the content we would NEVER have purchased the suite. Debs have now offered to replace the cushions - but with exactly the same type of filling!! Useless to me! I told Debs that by their omission/misrepresentation about the content I accuse them of negligence and that I would apply for a refund under Section 75 of the consumer credit act. They are dragging their heels in response and I wonder if LegalBeagles think I am entitled to a refund? Welcome your advice.

Hello Buckles sorry to hear of your issues.

Section 75, Consumer Credit Act 1974 relates to issues to do with breach of contract and or misrepresentation and reasonable legal costs covered by the claimant/ debtor. Misrepresentation is however normally a specific defence in the law of contract law where an unsuspecting party accepts the terms at face value albeit it turns out the terms were not true or grossly exaggerated perhaps.

If you had specific needs in relation to materials, you really should have informed Debenhams in advance, ie prior to delivery, and then were they to have then ignored you it would have been a breach of implied terms, as goods supplied (the sofa) were 'not for purpose:' Supply of Goods and Services Act 1982 (as amended). Did you bring your special requirements to their attention at the point of sale in the store? You sort of hint that you did by asking the saleswoman related questions, about the sofa's content I assume? However, at the point of delivery you also benefit a reasonable period to examine the goods and the reasonable period depends on the type of goods. In general, within the first 6 months the responsibility falls on Debenhams to prove the goods were fit for purpose where you claim the opposite. The facts: purchase and delivery of sofa, June 15. Informed company Aug & Sept 2015 of particular defects, ie 'cushions baggy' and its filling, 'bunched up.' Unsuitable seating materials owing to disability (arthritis). However, the question is have Debenhams breached their contract with you? If the cushions were 'baggy' or its filling 'bunching up' it could mean the materials were not fit for purpose to the general public at the point of sale or on delivery, regardless of your arthritis. The manufacturer manufacturers ie produces the sofas including cushions so if there are problems with them it is seemingly a manufacturing fault. For instance, do sofa cushions normally requiring 'plumping up?' Should it be expected the cushions would be of foam content? Was the sofa particularly cheap? No clearly not as it is a leather suite. It sounds potentially breach of contract. Misrepresentation does not mean omitting information, ie terms. If it's possible to refill cushions with foam to ensure material rigidity and shape this should be done. Alternatively If they cannot or won't do this, your only option is rely on SSGA 1982 breach of implied terms to get your money back Against whom? The Supplier (ie Debenhams) or the Credit Card company. For example, you make a claim against Debenhams (and they in turn claim against the manufacturer for their losses) under SSGA 1982, or from the credit card company under s.75, Consumer Credit Act 1974. The better option for you possibly is claiming from your credit card company. If the credit card company won't give you your money back the financial services ombudsman will take action: http://www.financial-ombudsman.org.u...itcards-31.htm

[Buckles]

Re: Entitled to a refund?

Debt Camel
Thank you for your advice - I will contact Debenhams by email saying their offer is unacceptable and depending on their reply will contact my Credit Card Company, Thanks for the citizens advice info too. Fingers crossed.

[Buckles]

Re: Entitled to a refund?

Hello Openlaw 15
Thank you for your advice - (so much for an old bird to take on board!!). I will contact Debenhams - they have offered to replace the cushion interiors, but with the same content as now - and as I said it's useless to me as I cannot 'plump' them! Depending on their response I will either see if they will replace them with 100% foam filling or as suggested by you and Debt Camel I will contact my credit card company.