Section 75 claim on Sofa

[emmad37]

I bought a new sofa, it arrived with the wrong colour legson and also when I sat on it it seems to leave 3 ridges in each cushion whichmeant everytime I sat on it, it looked messy and I had to plump it. I complained about this the first week and themanufacturer was sent out to look at it, he explained as the base cushions shape(was like a dome with 3 ridges) it would always be like that and said there wasnothing wrong with the cushions.HE didnot fetch the sofa legs with him and said he would return another time.
He returned with the legs and again I asked him to look atthe cushions, he said again there was no fault but just the way the sofa wasshaped. Every time I sat on it therewould be quite noticeable dents in the cushion exactly the same shape ascushion.I rung the shop and said that Iwas not happy with this and wanted my money back for the sofa, he said that hewould not give me a refund but would change the cushion to all foam, it is foamwith a little fibre.I explained that I didn’twant to buy a suite that I was always plumping to look tidy and had explainedthis to him in the shop, he responded it was not his responsibility to tell meand I should know that all sofas require a little bit of work to keep themtidy.My last sofa was over 10 years oldand the cushions looked as new as theday I bought them.
They collected the sofa cushions and brought them back, I washorrified with what they brought back, he made out he was filling it with a newfoam cushion when in fact they had only put a thin layer of foam over thecushion which is not even the same sixe as my cushion so now am left with a rathernoticeable bulky outline where it is and still can see slightly the 3 dips ineach cushion when I sit down.
The store refuse to do anything about this and say there wasnothing wrong with it in the first place and it was a good will gesture. Where do I stand as it is not faulty but justlooks awful.I have put in a claim withmy credit card company but wondering if I stand a chance as it is not a fault.

[R0b]

Re: Section 75 claim on Sofa

I bought a new sofa, it arrived with the wrong colour legson and also when I sat on it it seems to leave 3 ridges in each cushion whichmeant everytime I sat on it, it looked messy and I had to plump it. I complained about this the first week and themanufacturer was sent out to look at it, he explained as the base cushions shape(was like a dome with 3 ridges) it would always be like that and said there wasnothing wrong with the cushions.HE didnot fetch the sofa legs with him and said he would return another time.
He returned with the legs and again I asked him to look atthe cushions, he said again there was no fault but just the way the sofa wasshaped. Every time I sat on it therewould be quite noticeable dents in the cushion exactly the same shape ascushion.I rung the shop and said that Iwas not happy with this and wanted my money back for the sofa, he said that hewould not give me a refund but would change the cushion to all foam, it is foamwith a little fibre.I explained that I didn’twant to buy a suite that I was always plumping to look tidy and had explainedthis to him in the shop, he responded it was not his responsibility to tell meand I should know that all sofas require a little bit of work to keep themtidy.My last sofa was over 10 years oldand the cushions looked as new as theday I bought them.
They collected the sofa cushions and brought them back, I washorrified with what they brought back, he made out he was filling it with a newfoam cushion when in fact they had only put a thin layer of foam over thecushion which is not even the same sixe as my cushion so now am left with a rathernoticeable bulky outline where it is and still can see slightly the 3 dips ineach cushion when I sit down.
The store refuse to do anything about this and say there wasnothing wrong with it in the first place and it was a good will gesture. Where do I stand as it is not faulty but justlooks awful.I have put in a claim withmy credit card company but wondering if I stand a chance as it is not a fault.

Hi Emma, did you inspect the sofa before purchase? When you make a section 75 there has to be a breach of contract or misrepresentation by the seller. It doesn't seem like the seller has given any misrepresentations here nor does it sound like there is anything faulty with the cushions. Without either of those causes, you will struggle to make a valid claim. As you've not mentioned it, any section 75 claim requires you to have made a credit card payment of at least £100.

How much did you pay for the sofa and where was it purchased from e.g. ebay, facebook, online, shop etc.

[emmad37]

Re: Section 75 claim on Sofa

Hi Emma, did you inspect the sofa before purchase? When you make a section 75 there has to be a breach of contract or misrepresentation by the seller. It doesn't seem like the seller has given any misrepresentations here nor does it sound like there is anything faulty with the cushions. Without either of those causes, you will struggle to make a valid claim. As you've not mentioned it, any section 75 claim requires you to have made a credit card payment of at least £100.

How much did you pay for the sofa and where was it purchased from e.g. ebay, facebook, online, shop etc.

I bought the sofa from a shop brand new. They didn't have the sofa in store but had the corner suite which was same make. I left the store and rung in with my order to pay. The sofa to me for a brand new one doesn't look tidy. I mentioned when I bought it that I wanted one I didn't have to plump etc. It's constantly dented

[R0b]

Re: Section 75 claim on Sofa

So are you saying that the corner suite you tried dind't have the same dents as the one you ordered your sofa from? Was it exactly the same make?
What about the description of the sofa, any particular mention about the foam inside or what the cushions were made out of?

As I've pointed out before, for a section 75 claim to succeed you need to prove a breach of contract or misrepresentation which I don't see here. Your alternative argument could be not of satisfactory quality or fit for purpose, depending on the discussions (if any) you had with the shop. Even then, it is a bit of a grey area unless you argue something along the lines that the corner suite you tried was the same make, the cushions on that corner suite are different to the ones you have purchased and you expected it to be the same but it wasn't.

Have you tried going back to the shop and trying the corner suite again if it is still there and if the same issue is happening with those cushions?

[emmad37]

Re: Section 75 claim on Sofa

So are you saying that the corner suite you tried dind't have the same dents as the one you ordered your sofa from? Was it exactly the same make?
What about the description of the sofa, any particular mention about the foam inside or what the cushions were made out of?

As I've pointed out before, for a section 75 claim to succeed you need to prove a breach of contract or misrepresentation which I don't see here. Your alternative argument could be not of satisfactory quality or fit for purpose, depending on the discussions (if any) you had with the shop. Even then, it is a bit of a grey area unless you argue something along the lines that the corner suite you tried was the same make, the cushions on that corner suite are different to the ones you have purchased and you expected it to be the same but it wasn't.

Have you tried going back to the shop and trying the corner suite again if it is still there and if the same issue is happening with those cushions?

The corner suite was the same make but when I sat on it had no dents in it, mine only appear after sitting on the sofa for a period of time, say 30 mins and over and get worse the longer you sit on them. The 2 sofas I bought from the shop were not in the store when I bought them, I had telephoned lter on after I had left and asked them to order them for me. I told the shop owner before purchasing the sofa that my old sofa cushions were very much in the same shape as I had bought them 10 years previously and that was what I wanted in my new sofa, I asked were they foam as I knew the others don't last in shape, he said it was foam but with a small layer of fibre topping which just made it more confortabel, noting was mentioned about it looking like that and needing constant plumping.

He has sent them back with the foam layer on and it looks awful, you can see the outlines where the foam does not even fit over the cushion cover.

- - - Updated - - -

Hi again

The sofa in the shop was the same make and I did not see anything wrong with the cushions, they have the same cushions in them though but I guess he tidied them up.