What Rights Do I Have If Any

[emmie]

I bought a sofa and chair back in March/April this year.
the sofa has developed two faults one being the sofa seat
cushion is coming away from the seam causing
a small tear and the other where some studs have come away
from the base of the sofa.

[emmie]

The company sent an independent furniture assessor
who has made a report saying that it's basically wear
and tear. Its only nine months old and have been told by the company i bought it from that i am not covered because it was caused by heavy use.

[teacake44]

My job up until I retired involved going into peoples houses, and you would be gob smacked if I told you the amount of folk that have had the same problems as you with a sofa.
They will always say what they have said to you, in other words try first of all to fob you off, just to test if you will take it any further.

They know the whole process of forcing them to do something about it is stressful and time consuming, making you prove that's its (not) fair wear an tear. Trading standards is your best bet, that's if they have the staff.?

[emmie]

do i have any rights to compensation or indeed a new seat cushion, the company say i can go to the CAB or furniture ombudsman,,,

[teacake44]

Not really up on the legal position so it would be wrong for me to advise. But you should really be looking for a repair/ replacement, not compensation, try trading standards first I would think, and they will be able to advise, before they get involved. Someone may come along with better advice.

[emmie]

looked them up, its got an old address as the town hall where they were based is not in use any more.

[jennyjoan]

my nephew and his wife had the same problem - went back to furniture shop who gave them £700 vouchers to spend back at their shop.

[emmie]

i don't want compensation to be honest but a new cushion seat. they told me they could provide one for a fee, though i have no idea how much that would be.

[hc4361]

The sofa should be fit for purpose and of satisfactory quality under the Consumer Rights Act 2015.
Any right minded person would not expect to see such faults after only 9 months. Here is a good guide to your rights:
https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act

Put your complaint in writing to the company that sold you the suite. Tell them you want a replacement sofa as is your entitlement under the Act (quote the Act). Expect a repair which must be of a satisfactory standard.

If they don't either repair or replace claim against your credit card company if you paid at least £100 deposit using a card, under the Consumer Credit Act 1974. If you didn't use a credit card write to the retailer again giving notice of intention to proceed using the Small Claims Procedure in court - good advice here:
https://www.citizensadvice.org.uk/law-and-courts/legal-system/taking-legal-action/small-claims/making-a-small-claim/

[Cloverjo]

Unless you, your family and friends are horrendously obese I can’t see how they can cite ‘heavy use’ as an excuse for the company’s shoddy workmanship. You could take them to the Small Claims Court. Ask CAB for help or look at Martin Lewis’s website.

[jennyjoan]

I know Emmie - I wouldn't want the vouchers either - it is frustrating. Awful isn't it trying to get good after-service.

[hc4361]

What company is this, please?

[emmie]

the company make bespoke furniture, so it was made specifically for me, as it were. I paid almost 1,500 pounds for sofa and chair.

[teacake44]

emmie if they have told you that they will replace the cushion, I can't see what your problem is now?

[emmie]

https://portabellointeriors.com/

[hc4361]

teacake, they want her to pay for the replacement cushion.
If they do offer to replace the cushion for free (they should) make sure that the colour match is good.

[emmie]

they want to charge me for a new seat cushion. Could be 100 pounds for all i know..

[hc4361]

From their website - quote it back to them.

"Our products are built to stand the test of time and stay with your family for generations to come."

"15 YEAR GUARANTEE
We have built our business and reputation on our made-to-last philosophy. We stand behind this and offer a 15-year guarantee on everything we build. If something goes wrong because of a manufacturing defect, we’ll collect it and restore it for you at absolutely no cost to you."

[teacake44]

11.51 states that they can supply free?

[teacake44]

OPPs my bad , sorry read it wrong.

[hc4361]

For a fee, not free at 11.51