Mark on leather settee

ianchubb

New Member
Jan 28, 2012
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I purchased a dark brown three seater and two seater settee from Paul Simon in October 2010.
All was fine until I noticed a small white mark near where my head would rest on the back of one of the settees. Thinking it was a food spill or similar, I wiped it with a damp cloth and to my horror more of the dark brown came away leaving a larger white mark (approx. 1 square inch).
The branch directed me to Customer Services, and they took nearly two weeks to answer my email. The response was that the years guarantee had run out and I should have taken out extended warranty.
I can't accept that the colour will start to run from a settee after a year and a half. OK the defect may not have been there from new, but surely it can't be "fit for purpose". Do I have a case please?
By the way, I shower daily and use no hair products at all so it can't be a chemical reaction of some kind.
Any help would be greatly appreciated thank you.
 

ALewis

Moderator
Nov 23, 2010
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Hi there,
You're heading down the wrong path with fitness for purpose, as the purpose of a sofa is to be sat on, and a colour defect would not constitute unfitness..
What you wish to pursue is 'satisfactory quality', whereby it would not be reasonably expected for the colour to simply rub off a sofa after just 18 months.
To satisfy 'Satisfactory Quality', the sofa would have to be durable, along with many other factors, and in your case, it is not durable.. As like stated, it would not be reasonably expected.
This is still within the Sale of Goods Act, however just a different section.

Hope this helps

Edit add: just to add here, you are well within your rights to get the defect sorted free of charge, regardless of a warranty or not!

All the above is all based on the basis that the defect can be proved to be no fault of your own, and that it can be proved that it is a manufacturing defect.
 

ianchubb

New Member
Jan 28, 2012
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Thanks, that's very helpful.
How do you recommend I approach Paul Simon? Refer to Quality under the Sale of Goods Act, etc.? Just wondered if there is a tried and trusted procedure or plan of attack in these cases.
 

ALewis

Moderator
Nov 23, 2010
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That's fine,
Next stages:
Write a letter to the retailer, stating all the facts (dates of purchase etc), and what is wrong with the sofa, give them the law, and apply it to your sofa (like how I said in previous post), and tell them what you want done about it. Finish off with a deadline to hear back from them, and failing to meet this deadline, you will take legal action.
whole letter approx 1-2 pages.

Send the letter by a recorded means, if you don't have the address, ring up and ask for it.
This then should be enough :)
 

ianchubb

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Jan 28, 2012
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Thanks a lot, that's great. I'll get onto that today and let you know how it all goes.
Thanks again, much appreciated.:)
 

ALewis

Moderator
Nov 23, 2010
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Forgot to add , keep a copy of the letter for your own records incase it's required if you go to court over the matter.
Adam
 

ianchubb

New Member
Jan 28, 2012
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Adam,
I have the letter drafted, but maybe one more piece of advice please?
In terms of what I want done about it, the suite was made in the Far East so the option of a repair could mean a lengthy shipping saga.
Under the circs., is it best to ask specifically for a repair, a replacement or a cash refund - or ask for their proposed plan of action to settle the complaint and see what they offer?
Thanks
Ian.
 

ALewis

Moderator
Nov 23, 2010
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Well under the Act, it states that a repair must take place within a 'reasonable time' , but no definition of this length, it would be down to you to determine what a 'reasonable time' is... Though some sofa companies can send someone round to repair, but unsure whether they can fit a new cover so-to-speak..

As for what to ask for, it's your sofa, so I really wouldn't want to say.. However bear in mind that if you opt for a refund, you will only get refunded a lesser amount, to account for the time that you've had it.. Also it may be proved unreasonable to ask for a replacement - ie if that sofa is no longer manufactured..

So it's totally up to you what you decide upon, it's not my sofa to decide..
If you opt for a repair, you could state that it must be completed and returned to you within x amount of days...
Also regardless of where it was made, you purchased it from the retailer, making it their problem..
Bear these points in mind when deciding - and note that any sofa that needs to be taken from your house/returned, is it their expense, as it's their fault.

Adam
 

ianchubb

New Member
Jan 28, 2012
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OK cheers again Adam, you've been a great help. I'll be posting letter today, wish us luck.
Ian.
 

ianchubb

New Member
Jan 28, 2012
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I'm sorry to say the letter was senr with all the correct references etc. (thanks Adam), but the deadline to reply (2 weeks) has passed and I've heard nothing back at all from Paul Simon.
Is another chaser step recommended now or do I go straight to the small claims court and kick off legal action?
 

ALewis

Moderator
Nov 23, 2010
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South Wales
Oh no, what a shame..
Go on Royal Mail track & trace, and check it was delivered - it also gives you an electronic version of the signature.. Take a screen shot of this web page , or print it out.. Whatever is easier for you..
I would then ring up and speak to the person of authority to find out what's going on,
if nothing is happening, you could get an Independant report on what the damage was caused by & see if this expert knows how much it would be to sort out. Then go ahead and begin legal proceedings with the SCC.
You can fill out the forms online, pay the small charge - £25 I believe, and then the court will send out a court pack to the store to respond to, with a hearing date etc, if they fail to reply, you win the case, and are entitled to the money for repair or whatever, and the £25.
If they fail to pay up, you can get a court order against them to ensure they pay up.

If you have any questions, please ask.
Adam
 

ianchubb

New Member
Jan 28, 2012
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Thanks Adam,

Coincidentally their letter in reply turned up in the post about 10 minutes after I posted the thread this morning!
It is short and not overly helpful...the main points made are:-
They've referred my comments to an Area mgr for further review...the fact remains it's outside the guarantee....therefore a home visit won't be considered.....they are unable to issue any form of liability for future incidents...their position re this matter remains unchanged.
My wife is threatening to go and stand outside their Croydon store and tell shoppers of our experience. I said she'll probably get arrested!
Should I wait for further contact from this Area mgr., or crack on with an independent report and the claim?
As ever, your help is really appreciated.
 

ALewis

Moderator
Nov 23, 2010
691
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South Wales
Ah brilliant!
In this case then, personally I would reply (by letter or email - probably email if there's a direct one to the person who wrote to you) giving 10 days for the area manager to get it sorted, after this time, proceed with what I said previously.
Going and standing outside is perfectly legal, just stand off the pavement or where it wouldn't be considered 'their land' . You have the Freedom of Expression and Freedom of Speech on your side under the Human Rights Act. Just as long as what is being said isn't libellous, & ensure you're not in breach of the Public Order Act.. Lol

Adam