Problem with Exclusive Leather Sofas of Cannock

[EWR684]

I ordered a leather electrically operated reclining chair from ELS' Chester Branch (now closed) on 29/06/07 and paid £475 deposit (by cheque) on the full price of £975.

The balance of £500 was paid (again by cheque) to the Cannock Office on 13/11/07 prior to delivery of chair to my home on 27/11/07.

I telephoned ELS two days after delivery to report noticing that the rear base of the metal frame was compressing the chair's electrical wiring and pressing on the motor when the chair was reclined. This resulted in a 'technician' attending a week later, but he didn't seem to have remedied the problem.

On 21st January 2008, I reported to ELS Cannock that the chair's mechanism had ceased to function completely - leaving the chair stuck in the fully reclined position until 30th January 2008, when another 'technician' attended. He discovered - much to my alarm - that the metal frame of the chair had cut through the wiring, exposing bare electrical wires, which would then have had direct contact with the metal frame of the chair. The 'technician' was unable to repair the chair and left saying that he would order a new motor and transformer for it. Another 'technician' attended on 18th February to fit a new motor, but thereafter the mechanism remained 'dead' - prompting him to say that a new transformer, which he didn't have, was needed.

The chair has now been out of commission since 21st January.

I wrote to Jane Bolton, Company Manager of ELS, on 18th February - notifying her that under the provisions of 'Sale of Goods' legislation I was rejecting the chair with its defective/dangerous electrics as 'not being fit for purpose' and asking for it to be collected and a full refund made. A reminder letter has been sent on 7th March 2008 but the communications have not secured any written response. When I managed to speak to Jane Bolton on the phone, she simply said it is not their policy to give refunds.

I now intend to pursue the matter with vigour against ELS through the Small Claims Procedure and have already received very helpful advice from biffa99 in this regard.

My purpose in posting this information is twofold:-

1. I would appreciate any further advice from Forum members.
2. There is an opportunity to warn others of Exclusive Leather Sofas' post-sale conduct and also the lesson that paying by credit card as opposed to cheque for an expensive item would have afforded an alternative remedy to commencing Small Claims procedings against the retailer.

Postings by others with complaints about ELS reinforces my belief that they don't care about customer satisfaction or their reputation once they have secured a sale.

[saintly_1]

Hi and welcome to CAG

I have asked that your thread be moved to a part of the Forum where you will get the best response


saint

[Bigmac versus]

Originally Posted by EWR684

When I managed to speak to Jane Bolton on the phone, she simply said it is not their policy to give refunds.

So their policy overides SOGA? think not. The problem is they will get quite some sucess from saying this and its only when peeps are better informed do they cave in, stay with it.

[EWR684]

Thanks for your encouragement.

I've only just discovered and registered with the Consumer Action Group after researching ELS on the Internet; found biffa99's message which brought me to the site. Great that folk are prepared to help each other with advice etc in securing consumer rights against the might of big organisations.

[elsinore]

Thread moved.

Els

[Bigmac versus]

Keep us posted of all progress.

[snibs]

I thought I was the only one with a current battle with ELS.

Just about to submit the forms to make a claim against them.

Is there any advice as to whether it is better to go through a solicitor?

Also grateful for any advice.

Thanks

[EWR684]

Update on progress....Claim issued against ELS through Northampton County Court on 14th April 2008. Acknowledgement of Service received via County Court from Office Manager, Longford Island, Watling Street, Cannock, indicating an intention to 'defend all of the claim'. I now look forward to receiving details of the defence within 28 days of acknowledgement and then to presenting the claim in full before County Court Judge. Much useful information downloaded from Consumer Action Group (Consumer Forum site) about the manner in which ELS conduct business and treat customers with total contempt. This will be of value in demonstrating to the Court that ELS have a considerable history of failing to agree resolutions before action (or even to acknowledge any correspondence) from customers with legitimate Sale of Goods Act complaints about goods supplied of 'unsatisfactory quality'.