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Land of Leather, small claims court Scotland, advice???
OK, so we bought 2 sofas from LoL (ha, yes Laugh out Loud) in August 2006, delivered 30 nov 2006. They cost aprox £1200 plus £350 for 5 year cover care (with two kids it was needed).
Two months ago I called the cover care to have a previuos repair fixed and some cracking on the decorative seam on one sofa.
Homeserve came out and said they would not repair them as ALL the seams are cracking and the sofas are faulty. The leather match is splitting and it is a manufacturing fault, thank you good bye.
LoL then sent out there own repairman to access the damage.
I then got a call offering to pay half of the £350 repair cost, because I had not reported the fault earlier, even though I was not aware of the fault... they agree that is it a manufacturing fault but will not go firther than paying half of £350 to repair it, meaning in another few months the fault will still be there and it will crack all over again.
I wrote a letter detail sales of good act, that if something has a fault at time of sale, they must repair (for free) or replace, or refund. I want a refund, the sofas are faulty not matter how often you repair them they will still be faulty. They wrote back saying....
I am fully conversant with the sales of goods act petaining to your particular complaint and whilst I agree with the majority of points raised it is felt that owning to the time between delivery and complaint, bearing in mind that had we been informed at an earlier date the cost of repair would have been considerably less....
So they are admitting the fault but I should have reported an unknown fault earlier so they could have repaired it for less money...
Anyway, I have decided to go ahead and take them to the small claims court. Worse case is that I loose and still end up paying less than agreeing to their offer.
Any advice? I have looked at the website and have a rough idea of what I am doing (and that fee's will be wiaved as we get tax credits). Just like someone to go through it step by step in plain english.... please??