When is a leather sofa not leather?

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Pat C

New Member
Sep 18, 2013
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In Jan 2010 we purchased two leather sofas from a reputable department store near where we live. About 4 weeks ago we noticed splits occurring on the back cushions of both sofas. Reporting this to the department store, they sent an independent (Servico) technician to inspect the damage. He sent his findings to the store. The store then sent us a copy of the report with a letter stating "no further action", but, when reading the report , the technician had stated that the so called "leather sofas" are in fact plastic. Both sofas still have the original tags on them stating, 100% cow hide. The store has in fact admitted we were mis-led, offering us £400 or 15% off new sofas.

We feel we have been treated shabbily as we were "sold leather sofas" not the plastic ones we have.

The CAB advice line is doubtful that we will get a refund, which we feel is appropriate. Can anyone suggest what we do next please.:
 
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Witch consumer

Moderator
Sep 8, 2008
1,593
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Debtors retreat
They cannot sell something as leather when it isn't end of, this isn't even a fault issue covered y SOGA (which it probably would be without the mis-selling issue. Tell them you will see them in court and in the meantime Adam will explain the legal side of things for you.
 
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ALewis

Moderator
Nov 23, 2010
691
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South Wales
Hi,
To sell anything and mis describe it would mean that they are in breach of Section 12 of the Sale of Goods Act - whereby any goods sold must correspond to the descriptions applied to it.
This breach alone could have the potential to void a contract outright as it's a 'breach of condition', however I must agree with CAB here: as it has been 45 months already, your chances are extremely slim, plus as 'Acceptance' has already occurred, a breach of 'condition' becomes a 'breach of warranty' - whereby your remedies are of far less value.

A breach of warranty entitles you to a reduction of the purchase price, monetary damages or a partial refund - all are practically the same: some money.

How much of a refund? Who knows... Nobody can tell you this, and it would just be a matter of negotiation.
Example: If the leather sofas sell for £5000 whereas plastic ones sell at £2000, it is reasonable to request £3000.

Hope this helps
 
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benbenjamin

New Member
Feb 20, 2014
9
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If they easy get old in like couple of years.. I bought i leather sofa from dfs and they guaranteed me 10 years.:)
 
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