Broken Couch

cyning · 26-11-2009, 21:03

Hi

So we bought a 3 seater and 2 seater couch for €1000 along with a few other bits (like 2 beds and table and chairs and lockers!) and they were delivered on the 5th October...at 6.30. AT 9.30am the next morning I rang to say the electrical reclining 3 seater wasn't reclining. They were very apologetic and sent someone to look at it. They were then ordering a new part / a new couch / excuse after excuse. Anyway now they are trying to give us a couch that doesn't recline and is a different shade of beige (and before anyone says it yes there is a big enough difference that I would have to change curtains etc!) and that doesn't recline. Its basically where they have said take it or leave it... can they do that?? I didn't think they could but they say they can... am I been unreasonable in expecting them to fix it or replace it with the same thing I bought?? Sorry for the long post!

**dudara** · 27-11-2009, 00:34

Long and short, no, you are not being unreasonable to expect them to repair or replace it with something identical or similar.

Your consumer rights entitle you to a replacement/repair/refund. The store can offer you one of those. If you feel that there is sufficient basis, you can reject it.

If they say that they can't repair it, then they can try to replace it. But if the replacement doesn't match up to what you want, then you can reject the offer of a replacement and seek a refund yourself. Say this to them, and see what they say.

cyning · 28-11-2009, 18:12

Sooo... they were sending someone out to look at couch AGAIN today. He was supposed to be here between 3 and 4 and he never turned up. SO now I am fit to boil over. They were only sending him because I told them they were breaching every consumer act going (ya after nearly two months of this I am BOILING)... so is there much success in taking things like this to small claims court? Or should I go to solicitor?

*Sleipnir* · 28-11-2009, 18:15

Quote:

Originally Posted by cyning

Sooo... they were sending someone out to look at couch AGAIN today. He was supposed to be here between 3 and 4 and he never turned up. SO now I am fit to boil over. They were only sending him because I told them they were breaching every consumer act going (ya after nearly two months of this I am BOILING)... so is there much success in taking things like this to small claims court? Or should I go to solicitor?

This is exactly the type of thing the Small Claims Court is for.
Speak to them on Monday and say that as their guy didn't show up, you'll be going ahead with a claim in the SCC and you will notify them by letter also.
Document everything; receipts, letters, phone conversations etc.

cyning · 28-11-2009, 18:19

I have all that documented thank god. Just furious at this stage: my first Saturday not working in over 3 months and I spent it sitting waiting for him

I have given them enough time to rectify the fault then??

*Sleipnir* · 28-11-2009, 22:26

Well you could ring them on Monday, go through all the points with them; recliner broke, they sent someone, ordering part which never materialised, offered non-recliner in a different colour, arranged a call on for a Saturday again but didn't show etc.
Then say you've been more than accommodating in trying to come to a mutually acceptable arrangement.
You've allowed them to arrange repair and replacement and they have failed to deliver either. You're only recourse is refund under The Sale of Goods and Supply of Services Act, 1980 and and if they don't agree to that by the end of the telephone call, you'll see them in the small claims court.

Then tell that that you'll follow up with a letter.

26-11-2009, 21:03	#1
cyning Registered User Join Date: Oct 2009 Posts: 181 Adverts \| Friends	Broken Couch Hi So we bought a 3 seater and 2 seater couch for €1000 along with a few other bits (like 2 beds and table and chairs and lockers!) and they were delivered on the 5th October...at 6.30. AT 9.30am the next morning I rang to say the electrical reclining 3 seater wasn't reclining. They were very apologetic and sent someone to look at it. They were then ordering a new part / a new couch / excuse after excuse. Anyway now they are trying to give us a couch that doesn't recline and is a different shade of beige (and before anyone says it yes there is a big enough difference that I would have to change curtains etc!) and that doesn't recline. Its basically where they have said take it or leave it... can they do that?? I didn't think they could but they say they can... am I been unreasonable in expecting them to fix it or replace it with the same thing I bought?? Sorry for the long post!

27-11-2009, 00:34	#2
dudara Category Moderator Join Date: Sep 2003 Location: Dublin Posts: 10,434 Adverts \| Friends CMod: Consumer Issues, Personal Issues, Biz	Long and short, no, you are not being unreasonable to expect them to repair or replace it with something identical or similar. Your consumer rights entitle you to a replacement/repair/refund. The store can offer you one of those. If you feel that there is sufficient basis, you can reject it. If they say that they can't repair it, then they can try to replace it. But if the replacement doesn't match up to what you want, then you can reject the offer of a replacement and seek a refund yourself. Say this to them, and see what they say. __________________ Support the Children's Medical Research Fund at Our Lady's Hospital for Sick Children My Flickr

28-11-2009, 22:26	#6
Sleipnir What? Here? Join Date: Jun 2003 Location: By the Knuckles of a Skinnybone tree. Posts: 5,358 Adverts \| Friends	Well you could ring them on Monday, go through all the points with them; recliner broke, they sent someone, ordering part which never materialised, offered non-recliner in a different colour, arranged a call on for a Saturday again but didn't show etc. Then say you've been more than accommodating in trying to come to a mutually acceptable arrangement. You've allowed them to arrange repair and replacement and they have failed to deliver either. You're only recourse is refund under The Sale of Goods and Supply of Services Act, 1980 and and if they don't agree to that by the end of the telephone call, you'll see them in the small claims court. Then tell that that you'll follow up with a letter. __________________ Women sense my power, and they seek the life essence. I do not avoid women, Mandrake. But I,.. I do deny then my essence.

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28-11-2009, 18:12	#3
cyning Registered User Join Date: Oct 2009 Posts: 181 Adverts \| Friends	Sooo... they were sending someone out to look at couch AGAIN today. He was supposed to be here between 3 and 4 and he never turned up. SO now I am fit to boil over. They were only sending him because I told them they were breaching every consumer act going (ya after nearly two months of this I am BOILING)... so is there much success in taking things like this to small claims court? Or should I go to solicitor?

28-11-2009, 18:19	#5
cyning Registered User Join Date: Oct 2009 Posts: 181 Adverts \| Friends	I have all that documented thank god. Just furious at this stage: my first Saturday not working in over 3 months and I spent it sitting waiting for him I have given them enough time to rectify the fault then??