sofa isseus from csl

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terryuk

New Member
Apr 3, 2013
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0
hi looking for some advice
we ordered a 3 and 2 seater leather sofa from csl just before christmas 2012
everything went smoothly until delivery where the sofa had several faults
marks and scarring that could not be repaired and wonky stitching
the sofa was inspected at my home and after a lengthy conversation with csl it was reordered and a loan sofa supplied and delivered.
move on 8 weeks and the replacement sofa turns up and on inspection has wonky stitching and a raised pimple on the seat area
i rejected the sofa again and still have the loan sofa and they have said they have repaired the pimple and taken out some transit marks but the stitching is within there acceptable guidelines
they now want to redeliver but i am not happy about the repair or the wonky stitching
can i reject the sofa as they are not filling me full of confidence, i paid an initial deposit of 250 by my credit card and have the balance of 1400-00 on a 0% deal
where do i stand people and thanks

ps also as i have no satisfactory sofa delivered should the finance company be collecting payment as i have now made two direct debit payments
 
A

ALewis

Moderator
Nov 23, 2010
691
4
0
South Wales
Hi,
First off - no payments should have been made yet, as you have no 'accepted' the goods. So I'd advise you to get that refunded.
Secondly - (the stitching) under S.14 of the Sale of Goods Act, all goods should be of 'satisfactory quality' - and this means satisfactory to YOU , not satisfactory to the business. A part of S.14 to note here is that goods should be 'free from minor defects'.
If you don't find the stitching to be of satisfactory quality you can reject the sofa and opt for a repair / replacement / refund. Though by merely having a minor defect does not always entitle you to a refund, it's all about proportionality and fairness to both yourself and the company.
As you'll know, companies don't like the hassle, but they do like to refuse a refund on 'policy' basis, but do note that policies should not restrict your statutory rights.

If you feel that they are in breach of S.14 , you can choose what you want, repair / replacement / refund. Just let them know, send a letter by a recorded means, give them a deadline for a satisfactory response (generally 10-14 days), with the threat that should they not meet the deadline, you shall take further action to obtain your repair/replace/refund.
 
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terryuk

New Member
Apr 3, 2013
6
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just spoken to guy at the finance place and he has told me they notified them 3 days before the first failed delivery that they had made a satisfactory delivery
he said this is very naughty and for me to make a complaint and involve cab and trading standards
the credit agreement should be redone and no money taken until i have taken delivery of satisfactory goods

they have paid csl so will not refund me 2 months money and if i cancel the direct debit i run the risk of charges and a bad credit rating
i said so its ok for csl to breach the rules but i cant
i can see this getting messy

thanks for the advice so far
 
W

Witch consumer

Moderator
Sep 8, 2008
1,593
3
0
Debtors retreat
Fortunately as there is credit involved you have the added protection of the financial ombudsman, I think the consumer is now suffering from the governments decision to pass consumer rights to CAB as they are unlikely to have traders quaking in their boots.
 
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terryuk

New Member
Apr 3, 2013
6
0
0
loan sofa is being collected next week and i will then get my deposit refunded and then the refund from the finance company
i know that will all get dragged out but at least it will be all sorted now
thanks for your help and advice
 
T

terryuk

New Member
Apr 3, 2013
6
0
0
another question for you knowledgeable people
csl are going to pick up the loan sofa but i am going to be left with no sofa for 8-12 weeks once we order from another source
we disposed of our old sofa when the first one was reordered and did not anticipate the second one being faulty
how long can i hold on to the loan sofa for as i did have a perfectly usable one before buying from csl
thanks
 
A

ALewis

Moderator
Nov 23, 2010
691
4
0
South Wales
You can keep hold of the loan sofa up until the point that you're contract is deemed to be rescinded, no doubt they'll tell you that as soon as you get a refund, it's rescinded, and that's fair.
As much as it'll be a pain for you for 8-12 weeks, but unfortunately the loan sofa only comes as part of your contract.
 
T

terryuk

New Member
Apr 3, 2013
6
0
0
they want the loan sofa back and then they will refund me and notify the finance company
they have canceled fridays pick up and we are going to talk again on monday
thanks
 
A

ALewis

Moderator
Nov 23, 2010
691
4
0
South Wales
I expected so. Well if you can survive financially without your refund for a week or two, I'm sure you could just say that (whatever day they say) is inconvenient, and that you can only be available at such a date (maybe 2 weeks later).
That way you get to sit on something for 2 weeks out of 8?
Just a thought, drag out the collection for a while if you can live without the refund in the time being?
 
T

terryuk

New Member
Apr 3, 2013
6
0
0
just thought i would update this
we went to csl and agreed to choose another sofa from a different manufacturer which had a 3 day delivery as it was in stock
i needed to sign a new credit agreement as it was 500-00 more than the original sofa so asked for it to be sent out to me, csl have now decided to contact me after six weeks to ask me to come in store as it is not there policy to send credit agreements out in the post.
i have asked them today to just come and get there loan furniture and that will be the end of it, totally incompetent as a company, yes i could have called them but i have done enough running around at my cost and compromising.
use CSL at your peril
 
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