Harvey Norman - two new sofas, five faults in as many weeks, can I get a refund?

[Tullaghbay]

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Hi guys I'm new to the site so hope I am posting correctly.

Two new sofas (electric recliners) delivered 23rd Dec. One sofa faulty on arrival, broken spring reported immediately to Harvey Norman. 2nd sofa developed additional faults including broken spring in another chair, no padding in arm rest and corner chair not attaching properly. Technician came out, didn't say anything to me. When I followed up with Harvey Norman they said they could be repaired. Fabric on chair has since started 'gathering' and I am convinced they are 'sagging' too. Harvey Norman want to repair, however, I think too many faults have developed too soon. Can I reject these even though I am past 30 day period? Is 5 potential faults reasonable for me to reject and if they won't accept responsibility do I go through my credit card company? I've never done this before so apologise in advance!

Appreciate any advice.

 

 

Hi guys I'm new to the site so hope I am posting correctly.

Two new sofas (electric recliners) delivered 23rd Dec.
One sofa faulty on arrival, broken spring reported immediately to Harvey Norman.
2nd sofa developed additional faults including broken spring in another chair, no padding in arm rest and corner chair not attaching properly. Technician came out, didn't say anything to me.

When I followed up with Harvey Norman they said they could be repaired.

Fabric on chair has since started 'gathering' and I am convinced they are 'sagging' too. Harvey Norman want to repair, however, I think too many faults have developed too soon.

Can I reject these even though I am past 30 day period?
Is 5 potential faults reasonable for me to reject and if they won't accept responsibility do I go through my credit card company?

I've never done this before so apologise in advance!

 

Appreciate any advice.

Edited March 15, 2021 by BankFodder
Restructured in order to make it readable

[BankFodder]

I've restructured your post to introduce spacing so that it can be read more easily. Otherwise it's very difficult on the small screen.

It sounds to me as if these are fundamental faults which render the sofas unusable. You haven't said how much you paid.

Although under the consumer rights act you have 30 days to reject an item if it manifests a defect, there is still the overall law contract which is basically that if a breach of contract is so fundamental as to deprive you of the benefit of the contract, then you are entitled to treat the contract is void.

Brand-new sofas with broken springs, no padding is an parts which are not attaching probably sounds to me as if the units need very substantial repair – if they can be repaired at all.

I would say that you can reject them – although you may well find that the retailer Harvey Norman will want to repair.

If you want to reject them then I would suggest a letter:

 

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Dear Sir

Sale reference number XXX

As you know, the items which were sold to me and which were delivered to me on XXX date have developed a substantial number of false including broken springs, parts which have become detached, and fabric which is starting to sag.

These are completely unacceptable – especially for new items which I have barely used. I therefore consider that these are serious faults and amount to a fundamental breach of contract by you.
On that basis are entitled to treat your breach as having terminated the contract and I would be grateful if you would make arrangements to collect the sofas as quickly as possible and to make a full refund into the credit card which I used to pay.

I think seven days is a more than adequate time for this to happen.

Yours faithfully


 

Please do understand that this is unlikely to be straightforward. Our experience of all of the sofas companies is that they quibble. They don't like to have things back. However, I can't imagine how they can be repaired at your premises and so they would have to be taken away. I can imagine also that if they were taken away for repair it could be some weeks before you have the item sent back to you.

This would mean that presumably you have nothing else to sit on. This adds to the serious and fundamental nature of their breach of contract.

I suggest you send the letter above. Send a copy to your credit card company and start raising a complaint with them – but don't expect them to be particularly cooperative either.

If you want to be very assertive then at the end of seven days then I would suggest that you send them a letter of claim and also start levying a storage charge – a reasonable charge would, in my view, be £10 a day – maybe more.

 

[Tullaghbay]

Thank you so much, appreciate your help.

 

[BankFodder]

Post a draft letter of claim here so we can have a look at it before you send it off