Problem with reclining chair

[Surfer01]

We purchased a lounge suite in August 2011 which consisted of a singel chair, a 2 seater chair and a recliner which cost us about £2200. Within 6 weeks we had to contact the retailer as the seat on the recliner sunk down virtually onto the framework. It was repaired and then the same fault occurred a couple months later and it was repaired again. On both occasions I had to write a letter to them as phone calls had to response.

Unfortunately the seat has sunk yet again. As I suffer from a disability, I do use the chair every day for probably most of the day. This was made clear to the salesman when we purchased the unit. With the seat offering very little comfort it has now affected my back and I now suffered from back ache more than ever.

Given that lounge suite is over 2 years old, can I claim an inherent fault under Sale of Goods Act as it has been repaired for the same problem twice before. Admittedly I should have chased it up several months ago, but was reluctant to approach the retailer as the last time, I was treated rather rudely.

[rebel11]

Hi surfer01

 

Yes you can, but the onus will be on you to prove that there was an inherent fault.

 

http://www.which.co.uk/consumer-rights/regulation/sale-of-goods-act

 

http://sogahub.tradingstandards.gov.uk/sogaataglance

[Surfer01]

Surely the fact that the same problem occurred twice before means that there is an inherent fault?

[matt v atos]

We purchased a lounge suite in August 2011 which consisted of a singel chair, a 2 seater chair and a recliner which cost us about £2200. Within 6 weeks we had to contact the retailer as the seat on the recliner sunk down virtually onto the framework. It was repaired and then the same fault occurred a couple months later and it was repaired again.

 

Did they say why it failed at any time.

[matt v atos]

Hi Surfer01. Did they say why it failed at any time ?

[Surfer01]

Hi Surfer01. Did they say why it failed at any time ?

 

Not really as the people who came out to do the repair were individual upholsterers and not employed by the retailer. The manufacturer is based in China. The first lot shorten the straps under the seats and seem to have a couldn't care less attitude.

The second person seem to be more professional and removed the foam from the seat and replaced it with similar foam. The foam was grey in colour with different colours in it as if loads of bits of foam had been made into the one piece.

[matt v atos]

Not really as the people who came out to do the repair were individual upholsterers and not employed by the retailer. The manufacturer is based in China. The first lot shorten the straps under the seats and seem to have a couldn't care less attitude.

The second person seem to be more professional and removed the foam from the seat and replaced it with similar foam. The foam was grey in colour with different colours in it as if loads of bits of foam had been made into the one piece.

 

The foam you discribe is called block foam.

[matt v atos]

I think to prove there was a fault It would help if we could understand why it failed in the first place.

 

Did they say why it failed at any time ?

 

You say Not really as the people who came out to do the repair were individual upholsterers and not employed by the retailer."

I don't realy under stand this".

[matt v atos]

individual upholsterers and not employed by the retailer.

can you say who they work for.

[Surfer01]

individual upholsterers and not employed by the retailer.

can you say who they work for.

No idea as they were contracted by the retailer so I assume they worked for themselves. The seat once sat on, stays flat and does not go back to its original shape even if left for 2 weeks so basically sitting on the straps with a thin bit of foam in between which is not very comfortable and is causing me a lot of back ache. For the price we paid, I would have expected it to last several years and for the seat cushion to retain its shape for the same amount of time. I think they have used the cheapest possible foam which is why it no longer retains the original shape.

[matt v atos]

I think to prove there was a fault It would help if we could understand why it failed in the first place.

 

Did they say why it failed at any time ?