Six month old couch broken for 3rd time and shop refusing to fix it

S

samhain

Guest
We bought a three seater with two recliners and a matching two seater recliner couch from Cost Plus Sofas. We ordered them last June and they arrived in October about two months after they had been promised. By Christmas one of the recliner seats in the three seater had ceased to work and after repeated phone calls someone was sent out to fix it. A few weeks later the middle seat started to sink backwards and again after repeated phone calls someone was sent to fix it.

Now the middle seat is again broken and the shop are saying that it is not a manufacturing fault, that the man they sent to fix it the last time said so to them and that they do not have to fix it. They also said that they did not previously have to fix it but out of generosity they paid for the last repair. They also said that the man they sent out to fix it was an independent person and he said it was not a manufacturing fault. This was after they started the conversation by stating that the couch was out of warranty which clearly it isn't as it is only six months old. My husband pointed out to them that although they may feel the couch repair man is independent and impartial they use him frequently and we have only seen him on two occasions and do not even know his name. He also pointed out to them that the repair clearly was not adequate since it has broken again so soon.

Anyway today's conversation finished with them saying they would get back to us. I just want to know what are my rights and what should I do in this situation. Any advice appreciated.
 
You have rights to reject goods that are not of merchantable quality or fit for their purpose. You can request a full refund or a replacement. Put your complaint/request in writing to the company. If they don't do anything you could try the small claims court but there is an upper limit on what you can claim there - I'm not exactly sure what it is but it could be in the region of 1500 euro.
Stick to your guns and don't give in to them if you think the suite is of poor quality.
We had a similar problem with some beds - two broke within 6 months and we didn't want a replacement because we were not happy with the quality. We had bought 6 beds - all the same - and argued that they were not " fit for purpose" . We didn't get a full refund because they took a bit off for us having the other beds in use for over 6 months - but we got most of our money back . It took a threat of small claims court .
 
Thanks for replying. I did nothing about this for the last couple of weeks and the company phoned me and said that the man will be out to fix it this week. I suppose that means that they have acknowledged that it is their responsibility and that a couch should not be breaking so often. However, I have taken some photographs and I intend to go to the small claims court if it breaks again. I had it in my mind that we got a fairly cheap couch and maybe that was the reason it was so bad but I was walking around woodies today and we could have gotten one for far less there.
 
Just thought I would keep you up to date on what is happening. The "Leather Doctor" came out and looked at the couch. He said he didn't think it was the same problem as before and left. That was about three weeks ago and I haven't heard anything from them since so I guess it is the Small Claims Court for me as this has really gone on too long.
 
My mother has a way of dealing with siuations like this. Tell the manager that you will go on Joe Duffy Show on RTE radio. This will scare the crap out of them.
 
Hi,

Sorry to hear about your couch. Would this be covered under the Sale of Goods and Supply of Services Act? Goods have to be of merchantable quality and fit for intended purpose (and it sounds like your couch isn't!).

I'd contact Citizens' Advice or the Consumer Association and make sure of your rights. They've advised how to handle faults me in the past and once the retailer realised I knew (sort of) what I was talking about, I got a speedy resolution.

Good luck with it!

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