Claim issue against SCS for poor care instructions - helpHelp

[warrior13]

Hello

 

I have had a long complaint with the sofa retailer

which first took place via letter/email and due to them not wanting to do anything to help has escalated to myself starting a claim online.

 

my chair leather has become damaged.

I have been cleaning it as per the care leaflet i was advised to follow by the salesperson

which does not mention the use of any cleaning products, simply to use a damp cloth.

 

 

An independent leather expert inspected my chair and concluded that the damage was due to not using cleaning products.

This means to me that surely they are responsible due to me following their instructions which were clearly wrong.

 

I will now write below what I wrote in my claim details when i filed it online

and after that write their response (which if you ask me is full of inaccuracies and lies):

 

I am claiming for a damaged La-Z-Boy Monroe chair which I have attempted to have repaired by the retailer who have no interest in helping me.

I have had the chair for just over 4 years (within the 5 year warranty period.)

The chair has had minimal use (144 hours approx).

 

About 4-6 months ago I noticed the leather on headrest

and one of armrest was slightly sticky and not smooth like the rest of the chair.

This is due to the leather coating breaking down,

an independent specialist confirmed this.

 

The independent specialist also confirmed that the coating was broken down

because no cleaning/protection products have been used on the leather.

 

However I have been following the cleaning instructions given to myself from the retailer both verbally

and on the care brochure I received when i bought the chair.

 

I was given bad cleaning info from the retailer which led to the damage of my chair.

 

I went in store to confirm and got same advice.

I have the care guide as evidence which clearly does not state to use any products on leather,

which matched the in-store advice.

 

Below is their response to the claim which they are defending:

 

The first occasion the defendent was contacted by the claimant was on 7th July 2014.

This being a period of over 4 years since delivery has taken place.

 

The defendent understands the claimant is seeking rejection of the goods as he is claiming for the full price of the goods.

 

The defendent asserts the acceptance of the goods has taken place within the definition of section 35(4) of the sale of goods act 1979

and is fully supported by all known case law.

 

The claimant has appointed an independent inspection of the product and the goods were outside of the guarantee period by over 3 years.

 

The independent inspection of the product concludes the issues the claimant

has reported are solely attributable to a lack of care and maintenance of the product.

 

The claimant confirms in his claim that he has damaged the product

and claims this is due to the care information given to him at the point of sale.

 

The defendent asserts that care information was given from the retailer at the point of sale

and the manufacturer at the point of delivery as per established practice.

 

The defendent believes it is for the claimant to demonstrate his claim

even though by the claimants independent report asserts the issues are attributable to him.

 

It is for the claimant to demonstrate he has cleaned the product in accordance to the care instructions

and demonstrate that following straight forward care instructions has resulted in a build up of damage claimed.

 

It is also for the claimant to demonstrate he has a right to reject the goods

and there has been a failure of consideration although he has confirmed receipt of the goods for over 4 years.

 

The defendent believes it has acted fairly and reasonably at all times.

 

The claimant has not complied with annex A of the pre action conduct contained within the civil procedures rules.

 

At no point has the claimant intimated he will be pursuing the matter through the small claims track.

 

The defendent believes this claim is unmeritorious and vexatious in nature and has little of no prospect of success.

 

Any help with this would be good. Just translating the legal jargon would be great.

Edited October 31, 2014 by warrior13
privacy reasons

[warrior13]

I also have the leaflet which I can post online which is the evidence I will be using against them.

[dx100uk]

as long as you have proof it is NOT out side the warranty, as they state

you should be ok.

 

 

dx

[warrior13]

as long as you have proof it is NOT out side the warranty, as they state

you should be ok.

 

 

dx

 

Thanks for it reply. Should warranty even come into it as im not claiming that the issue is a warranty issue. My claim against them is due to wrong care advice from them which has ruined the leather.

[havinastella]

Thanks for it reply. Should warranty even come into it as im not claiming that the issue is a warranty issue. My claim against them is due to wrong care advice from them which has ruined the leather.

 

In my personal opinion, you do not have a hope in hell of winning this claim.

[dx100uk]

Thanks for it reply. Should warranty even come into it as im not claiming that the issue is a warranty issue. My claim against them is due to wrong care advice from them which has ruined the leather.

 

 

no and quite rightly pointed out.

 

 

but its in their reply so address it might need addressing.

 

 

I think eitherway, the 'damage' should not have happened

covered under soga me thinks as well.

[warrior13]

In my personal opinion, you do not have a hope in hell of winning this claim.

Even if I have the care guide in front of me as evidence which clearly advises using a damp cloth and does not mention using anything else to care for the leather?

[rebel11]

You could seek out an expert to prove your case, if you feel you have a strong case. A good starting point would be the instructions provided by other retailers / manufacturers. You need to do a lot of research, it is unlikely they threw the instructions together on an 'hit' and 'hope' basis.

 

http://www.upholsterers.co.uk/

 

http://www.bfm.org.uk/

 

'Google' to see if other consumers have found the instructions limited or simply don't work.