Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I am looking for some advice on how to handle the following situation:
I bought a suite from Land of Leather - 10 months ago, its is a brown corner unit sofa, a few months after purchasing the suite Inoticed that on the seams the colour was rubbing away from the suite but assumed this was normal as it was on the seam.
Roll forward another 3 months and the colour is actually coming out of the couch, it looks an orange shade rather than brown, this is on the seating area only and not on the back panels of suite.
So basically the leather is rubbing away, ie, the colour coming out.
We had the expert out today from LOL who said he had never seen anything like it and found it to be very strange, as the colouring was only coming away from certain areas.
I advised that it was coming away from these areas as it is where we sit etc etc. He agreed this was how it looked to him too, but then mentioned when filling in his little form, that it almost looked like "Wear and Tear"!!
I am now worried that they shall say it is because of my 2 children that it has worn away, can they do this???
The suite is insured up until May 28th 2007 and I am due to make full payment at the beginning of May 2007.
Any advice on what I should do or what I should expect would be very greatly appreciated!!
Unless you've been treating it in a way that isn't commensurate with normal wear and tear (i.e. leaping all over it or rubbing it in places with a wire brush ) then you would not expect such a fault to occur in a suite after this short length of time.
I would actually follow this up in writing to Land of Leather stating that the suite is clearly not of satisfactory quality, detail the faults and how this is not what you would expect of a suite that is only 10 months old and explain that you are seeking [what you are looking for].
I would imagine it would be hard to repair, so you are probably looking at either a replacement suite or a partial refund to allow for the usage you have had.
How did you pay for the suite? If it was on finance arranged by LoL or credit card, copy the letter to the finance company with a covering note stating that you will also be pursuing them under Section 75 of the Consumer Credit Act (they are equally liable for the faulty goods).
This sort of defect is not acceptable in my opinion. I assisted in a case which came to court fairly recently involving an elderly couple who had bought upholstery fabric which showed a similar sounding discolouration fault when they sat on their nice newly upholstered chairs and sofa. In court they were awarded the costs of the fabric plus consequential losses to have the suite reupholstered. I believe that a judge in your case would agree that this sort of cosmetic defect is a fault and renders the suite not of satisfactory quality.
Please note I'm not insured in this capacity, so if you need to, do get official legal advice.
The suite cost £699 and was on arrangement of buy now pay and 1 year or pay by installments. I was hoping to pay the full suite off so have the money put by to do so as I had the interest on finance is too much.
Shall I still pay this?
This is to be paid by start of May or it will go onto a Finance agreement and then interest is put on? So am thinking I should pay it as normal.
When the gentleman came out today he asked how I cleaned the suite, I advised him I used damp cloth to get off little marks but generally just gave it a dust and told him that to be honest i was terrified to clean it now incase of more discolouring etc..
The other thing he said which worried me was "Oh well they sell lots of these, so surely they will know if there is a problem"... My husbands friend has one exactly the same and it has kept all its colour!!
What if LOL say this to me, I mean how on earth do I explain why mine has lost its colour when I have no idea myself?
I asked him when he was out if he could fix the colour and he said they could but it would not be worth their while???
If LoL start making that argument, you need to threaten them with court action. I'd say cross that bridge when you come to it, and I'll go into more detail then.
When they say it's not worth their while it probably means it will cost more than just replacing the suite.
Please note I'm not insured in this capacity, so if you need to, do get official legal advice.
After numerous calls to LoL my report is finally back from EcoMaster.
Only to be told...via telephone "Oh we are moving the shop around today so I shall have to get someone to call you later today at some point to discuss the report with you as I am cannot discuss it with you"!!!
Sounds very negative!! I shall report back as soon as I hear from them.
He said it sounded as though suite has been incorrectly coloured (DOH)!!
The only problem he has though...wait for it....there are 3 marks on the suite:
1st mark was caused by my son picking up a bottle of flash and laying it on the suite and a little bit leaking from the bottle. This cause the colour to come out this mark is about 2cm.
2nd mark was caused by me sitting down on sofa with damp fluffy dressing gown on so an imprint of my bottom is on the sofa (small) obviously.
3rd mark - damp cloth left lying on sofa for maximum 10 mins....took colour out!!
He is going to speak to his manager regarding these.
Please can someone advise me on what to say if they come back saying they cannot help because of this.
I explained that I had a quote to have these marks re-coloured but felt it was stupid to do so as the rest of the seating area of suite is discolouring so I would have odd colours anyway.
I did an SAR on LOL on behalf of my Mum. It shows that they received a telephone call from her just two days after delivery saying there was a problem. It took over 4 months to get them to agree to a repair and the repair has made it worse. They are now saying that they didn't have to repair it and only done it as a gesture of goodwill as it was caused by 'wear and tear' (yes two days wear and tear) They should rename their shop 'Land of Wear and Tear'
Originally Posted by valerieanne
We had the expert out today from LOL who said he had never seen anything like it and found it to be very strange.
Did he sound convincing? where did they get the initials LOL
Sorry I cant help specifically but we are in the same situation as you (banging ours heads aganist a brick wall).
Every letter I send I copy to head office in kent, kent trading standards, Plymouth TS (it was plymouth store) and Torbay TS (our local).
so lets just keep banging our heads and eventually the brick wall will fall
Argh.. well the gent I spoke with yesterday afternoon did state "it has obviously been recoloured incorrectly" but then went on to mentioned the scratch by the dog, the little bit of discolouration where I sat on it with my fluffly dressing gown on :o and the colour came off!!
I explained to him that if the suite was not discolouring I would be paying to get these little bits of discolouration fixed...but refuse to do so as the rest is now turning orange.....so he is off chatting with his manager....
He did say they may offer another suite, or partial refund for the 10 months usage.
They are a pita!! To be honest I think my brain may explode soon between this and claiming bank charges and moving house!!!
Argh.. well the gent I spoke with yesterday afternoon did state "it has obviously been recoloured incorrectly" but then went on to mentioned the little bit of discolouration where I sat on it with my fluffly dressing gown on :o and the colour came off
Is he trying to say the suite is not designed for sitting on?
I think it is because there is another little mark where I left a bottle of floor cleaner [thick emoticon] on for 1 minute...then the colour was off but I had a quote to get this fixed and would have done so had the dressing gown incident not happended and then the further discolouration of all the seats.
It would be fine it was all fading but at the moment its multi-coloured, and not a nice multi-colour tbh!!
Am wondering whether I should call MrManager again as my phones get switched off tomorrrow pm due to house move...hmm decision decsions....
I was looking at getting a leather sofa because I always thought they were more hard wearing! If you can't sit on them with a slightly damp ass I think I'll think again.
Manager back tomorrow so should expect a call in the morning (haha)
Have also advised them that I cannot just let this go as I really like my suite (well I did) and its costsing a lot of money!! So I unwilling to let it drop without a fight!! [confident nervous wreck]
Having just to spoke to the assistant manager he siad because of marks on suite caused by ourselves there is nothing they can do,expect offer £100.
I am really unhappy about this and would be very gratefulif anyone could help me with drafting a letter regarding the complete discolouration of full seating area of suite, meaning multicoloured suite!!
Thanks very much. Moving house tomorrow so could be doing without this
Send SAR ask for everythiing especially technicians report. our first technicinas report stated that it was unrepairable. The fact that there are marks on there caused by wear & tear is not relevant as you are not asking for these to be put right, just the discoloration, and they cannot blame you for sitting on it, I think thats what it was designed for (LOL probably think differently)
They sent SAR back within a week with all info and returned cheque saying they dont charge (this has been the only good thing they've done) Plymouth store doesnt record calls but they make notes of calls and what was said, well most of them, our bill does show a few calls that they didnt record details of.
I am supprised at their action though. If they were to replace the Item now (less than a year old) they can claim from manufacturer, if it goes past one year it is their sole responsibility.
as rosiecotton stated you can also go after the the finance company as they have a responsibilty also. So copy every letter to them
good luck with these people they are very frustrating to deal with as you ask them a question and they reply with the answer to a question you didnt ask
This is what I sent, just adapt it slightly for your complaint
Data Protection Act disclosure request
Dear Sir/Madam
Re: Sales Order Number
Please supply me with a complete list of transactions relating to the above order, including details of all complaints received and how they were dealt with. Can you also supply me a copy of any telephone recordings between myself and yourselves. Can you also supply me with details of the complaint I made through Exeter branch.
Additionally can you supply me with copies of all Technicians reports and details of the bodged repair you carried out in March 2005.
I enclose a cheque for £10 as the statutory fee for the above request
Land of Leather
shade rather than brown, this is on the seating area only and not on the back panels of suite.
Reply With Quote
Re: Land of Leather
) then you would not expect such a fault to occur in a suite after this short length of time.
Originally Posted by valerieanne
He actually asked what colour it was??? I said its a blue fluffy one? Why? He said I just wondered if the blue had gone onto to the suite??????
