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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
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    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Argos leather sofas not covered under warranty due to wear and tear?


EdithL
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Hi

I have the same problem with Argos,

bought Hart of House Salsbury tan sofas, 100% "top"quality italian leather, delivered in december 2015, so only 15 months old.

 

One of them blistered and peeled off on back rest,

They sent castelan and told me that report proves that it is not manufacturing fault,

 

I asked them to explain what the test was and this is what they said :

" In simple terms, a rub test is the application of heat on the fabric (in this case leather), to check the prominence of natural oils (headoil) in the fabric/material.

 

The lack of these oil can cause the cracking/blistering or flaking of the material.

As this was not found to be the case on your sofa, there is no manufacturing fault.".

 

I told them technician did not apply any heat on my damaged sofa,

he only sprayed something and wiped it,

that was all what he did,

 

I also told him that I regularly apply leather protection cream on both sofas and only one has peeled off

 

. I have send them letter under the Consumer act saying that the item is not satisfactory quality and they mislead me by selling them as "top quality",

 

they still refure to pay for the repair.

 

I am getting independent report from furniture reports £260,

but worth it to take these sorry people to court.

 

Please can you let me know if you have problem with the same sofa or any other Hart of house lether sofa? Many Thanks!!!

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Hi Edith and welcome to CAG

 

You can use this thread from now on, to save hijacking other threads :wink:

 

Castelan are not, in my opinion, independant at all!! They're tied in to (and paid for by) the furniture business and work on their behalf - they will tend to find on the side of the people that pay them - the furniture sales businesses.

 

I have an ongoing case with a friend and Castelan are involved but NOT to be trusted IMHO !!

 

I could be wrong but I doubt it !!

 

Speak to The Furniture Ombudsman to see if your retailer is on the scheme.

 

:-)

Edited by slick132

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Cheers, they are not member of Furniture Ombudsman, however I have used now Resolver tool on MonaySavingexpert.com, Argos is part of it. I have put claim under the CRA and stated that my concerns about the report were not considered by Argos at all, requested letter of deadlock so that I can take the matter further. They replied and said if I can provide a report from independent qualified sofa specialist they will review it and reimburse the cost if he will find manufacturing fault. So I am waiting for the confirmation of availability of fully qualified upholster to attend the inspection, I wish they would actually care about the customer and use reputable company to do their warranty inspection. I hope the other person will get in touch so we can see if we have problem with the same sofa :)

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Sorry Edith, I somehow didn't notice this was about Argos !! :oops:

 

You can always ask on the thread where you first posted, asking them for an update.

 

You refer to a cost of £250 for the report but the Furniture Ombudsman can do it for half that cost. See here - http://www.thefurnitureombudsman.org/expert-inspections/

 

TFO will do this even though Argos aren't a member.

 

Argos could choose NOT to pay the cost if you've failed to exercise due diligence in getting the report at a reasonable cost.

 

:-)

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There are loads of poor quality leather sofas/chairs around. The material is substandard and comes from China. It you search around online, you will see posts from people complaining about exactly the same faults. Most retailers refuse on first report and a proper independent report will mostly confirm substandard material as the problem.

We could do with some help from you.

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Thank you guys,

 

I have my inspection date, the report will be written to court standard and the fee that I will be paying is still significantly below the max specified by court, so I should be fine with claiming the fee back from Argos, I know that retailer can't limit my choice of upholster and the cost associated with it.

 

Will have report by the end of April hopefully!

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  • 3 weeks later...

Hello, I have posted before about the problem with my 15 months old blistered leather sofa from Argos. Today I have managed to obtain copy of the report prepared by Castelan which states no manufacturer fault. Previously I was advise by CS team at Argos that report is saying that rub test was performed and explained to me that rub test :" In simple terms, a rub test is the application of heat on the fabric (in this case leather), to check the prominence of natural oils (headoil) in the fabric/material. The lack of these oil can cause the cracking/blistering or flaking of the material. As this was not found to be the case on your sofa, there is no manufacturing fault."

 

Today I obtained a copy of the report from Argos which is saying:

3str LHF seat, is opposite TV, most used chair in the room, leather is dull+sticky to the touch (everywhere else on the suite is fine) damage across the leather has been caused by external contamination from the customers head overtime if covered and claim continues an attempt to clean, colour and re-seal the leather could be made 90mins with van stock

 

 

I have questioned why I was provided different explanation by CS team and I am awaiting reply.

 

I highlighted that that this sofa is not in front of the TV and is not the most used as it is the second sofa (2 seater) that is in front of TV and is mostly used, the inspected sofa was not dull and definitely was not sticky and there was no difference between other areas of the sofa. If it was head oil that caused the damage (in the e-mail from CS they claimed that lack of it cause the damage!) after 15 months of use clearly the sofa is not fit for purpose and the quality of the finish is poor. I know there was no contamination to the sofa to cause this and the report from Castelan has errors ie the sofa is not in front of TV etc. I will have independent inspection on 20th April and if it will prove my claim I will be reporting Castelan to Trading standards.

 

I am looking for others that faced the same problem of inaccurate report from them and had an independent report that contradicted their findings so that I can support my complain to trading standarts and Argos itself.

 

Thank you in advance!!!

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Red face Castelan Furniture Reports - leather sofas Argos or any other retailer

Hello, I have posted before about the problem with my 15 months old blistered leather sofa from Argos. Today I have managed to obtain copy of the report prepared by Castelan which states no manufacturer fault. Previously I was advise by CS team at Argos that report is saying that rub test was performed and explained to me that rub test :" In simple terms, a rub test is the application of heat on the fabric (in this case leather), to check the prominence of natural oils (headoil) in the fabric/material. The lack of these oil can cause the cracking/blistering or flaking of the material. As this was not found to be the case on your sofa, there is no manufacturing fault."

 

Today I obtained a copy of the report from Argos which is saying:

3str LHF seat, is opposite TV, most used chair in the room, leather is dull+sticky to the touch (everywhere else on the suite is fine) damage across the leather has been caused by external contamination from the customers head overtime if covered and claim continues an attempt to clean, colour and re-seal the leather could be made 90mins with van stock

 

 

I have questioned why I was provided different explanation by CS team and I am awaiting reply.

 

I highlighted that that this sofa is not in front of the TV and is not the most used as it is the second sofa (2 seater) that is in front of TV and is mostly used, the inspected sofa was not dull and definitely was not sticky and there was no difference between other areas of the sofa. If it was head oil that caused the damage (in the e-mail from CS they claimed that lack of it cause the damage!) after 15 months of use clearly the sofa is not fit for purpose and the quality of the finish is poor. I know there was no contamination to the sofa to cause this and the report from Castelan has errors ie the sofa is not in front of TV etc. I will have independent inspection on 20th April and if it will prove my claim I will be reporting Castelan to Trading standards.

 

I am looking for others that faced the same problem of inaccurate report from them and had an independent report that contradicted their findings so that I can support my complain to trading standarts and Argos itself.

 

Thank you in advance!!!

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3 more threads merged!!!

 

 

edith KEEP TO ONE THREAD!!

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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My Brother has a 20 year old leather sofa set from DFS, that has been through various house moves and sat in thousands of times, with no such damage. They have had numerous animals sat on them and children playing etc, no such damage.

 

You do get what you pay for and there is a lot of cheap leather around. Suggest you get it properly tested, as you might find it is not 100% leather.

We could do with some help from you.

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Hi Edith,

 

I wouldn't bother reporting Catelan to TS - it's not going to help or affect your case against Argos.

 

Proceed with the independent report and let us know what they say on THIS thread.

 

:-)

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I had inspection today and the qualified independent upholster found more than one manufacturing fault,

 

 

I am so happy with my choice of the company that performed the inspection,

he looked all over the both sofas for 1,5 hrs and will provide me few pages long report in next 3-4 weeks.

 

 

Apparently he provided reports for claims against Argos before so if they will try to say they will not refund full cost of the report I will ask why they discriminate my claim when they have refunded the others that have provided his reports and will open small claims if will be needed.

 

In Castelan report they were saying that sofa was sticky and contaminated with head oil,

he examined and there is no evidence of the contamination and in fact it is the sealant all over the sofas that has failed as they haven't sealed it properly so other areas will be peeling off as well.

 

Common people,

my post had over 600 views,

please start posting on this thread your issues with sofas from Argos!!!

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Hi Edith,

 

I look forward to hearing what the Independent Report says when you get it.

 

If you're happy with the report when you get it, please name the company you used. I would like this to help my friend who is in a dispute as I mentioned above, after Castelan produced their usual biased report in favour of the retailer.

 

Thanks :-)

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Hi Slick, I am very happy with the inspection and I am happy to recommend the company even before they will issue me the report, they took their time about 1,5 hrs to inspect the sofas inch by inch. The company is called Furniture Reports, It doesn't let me to post the links but they were on the TV on the Rip off Britain show.

 

The copy of Castelan report that I have received from Argos is basically few lines and based on assumptions only as there was no evidence of contamination on the sofa, also I was told during the inspection yesterday that both sofas were not sealed properly and both will be pealing off, something like this is not repairable. There are other issues like the stitches on the sofa, scars on the leather etc.

 

I believe that Argos knows reports from this company really well as during his inspection he mentioned to me that he done some for claims against Argos and also he was never told by his customers that they were refused refund for his reports as the prices is excessive, so this is my another point when I will be claiming the monies back :) treat me the same way as they have done with others :) and don't discriminate me or my claim!!

Edited by EdithL
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Thanks for that and let us know the content in due course.

 

:-)

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  • 1 month later...

Hello,

I finally received written report,

3 manufacturing faults identified with each sofa,

 

Argos agreed to send replacement and issued full refund for the report £270 :) and gift voucher as a"gesture of goodwill".

 

They also said that they will investigate internally why Castelan provided false information in their report.

 

The reason for my 16 months old sofas was wrongly sealed leather,

therefore it peeled off,

it was not repairable,

 

the report says they would need to strip all the leather and replace it and replace all the fillings in cushions, arm rests etc.

 

It also stated that this manufacturing fault will get worse and immediate action is required from retailer

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Glad it will be resolved eventually. I should imagine the cost of repair might be close to what you paid originally, but Argos will recover from whoever they bought the suite from. I do hope Argos contact all customers who bought the same batch, as others may well have the same problem.

 

As for 'independent' reports commissioned by retailers, i should imagine the people doing these are put under pressure to find no defects related to manufacture.

We could do with some help from you.

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It is their own brand sofas Hart of house,

and both have different batch numbers,

so it not one batch problem,

 

 

I educated them that as per Consumer Act replacement need to be free from the manufacturing faults identified in the reports if it will develop the same problem I will be eligible for another replacement, and there is no limit of replacement that I will be eligible for, so if it will happen again and again they will need to give me replacement every time :)

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With much of the leather furniture being produced in China, high street stores have little quality control over what material is being used. It was reported in the media that stores were runnung low on stock at one time when container ships were delayed in coming from China.

 

If you search online, there are many similar cases reported and stores only replace or repair, if people obtain their own favourable reports. I wonder how many people don't bother.

We could do with some help from you.

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Hi Edith and thanks for the update.

 

I've seen a Castelan Report and it looked to me like a complete fudge.

 

Can you say what your report from Furniture Reports actually said, if there was any more in addition to what you said in post #19 above.

 

Sounds like a good result for you but shame on Castelan and shame on Argos for using them.

 

:-)

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