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I purchased a corner sofa from Sofology in September 2019 costing £1899. The sofa had a few faults, including issues with the quality of the seat cushions which sink to the point that it feels like your sitting on the frame, the frame was protruding against the material at the back of the sofa and stretching the material, and there were visible staples in the internal corners. Due to all the issues around Covid etc, I didn’t make a complaint to Sofology until July 2020, this was done via the Resolver website. Sofology replied quickly to my complaint and sent a technician to assess the sofa. The technician attempted to repair the protruding frame and rectify the visible staples. He insisted there was nothing wrong with the seat cushions. Stupidly, we took no further action at the time. 

Fast forward to September last year and I found that two of the structural, horizontal wooden struts at the back of the sofa have detached from the rest of the frame. I had an independent, qualified upholsterer inspect the sofa and write a report. He has identified the previous repairs, which, in his opinion were poorly done, he has also agreed that the seat cushions are poor quality and almost fold in half when sat on, and obviously he has highlighted the structural failure in the frame. I started another complaint using the Resolver website, uploaded a copy of the report and photos of the damage. However, Sofology have completely ignored my complaint and have not responded at all. Following the timeline advice on the Resolver site, I made a complaint to the Furniture Ombudsman on the 16th November last year. To date, Sofology have not communicated a response to the Ombudsman. I emailed them last week and they said they are still waiting a response. Im not sure what the Ombudsman deem to be an acceptable time limit for Sofology to respond, but I feel they have had more than enough time. So my question is where do I go from here? The estimate given by the upholsterer to repair the sofa is around £700, the cost of the report was £150. Can I proceed with a claim through the courts? The sofa was purchased on 0% finance through V12 Finance, I’ve not made any attempt to claim under section 75 as of yet. 
Thanks. 
 
Sent from my iPad
 
Sent from my iPad

 

 

I purchased a corner sofa from Sofology in September 2019 costing £1899.

 

The sofa had a few faults, including issues with the quality of the seat cushions which sink to the point that it feels like your sitting on the frame, the frame was protruding against the material at the back of the sofa and stretching the material, and there were visible staples in the internal corners.

Due to all the issues around Covid etc, I didn’t make a complaint to Sofology until July 2020, this was done via the Resolver website.

Sofology replied quickly to my complaint and sent a technician to assess the sofa.

The technician attempted to repair the protruding frame and rectify the visible staples. He insisted there was nothing wrong with the seat cushions. Stupidly, we took no further action at the time. 

 

Fast forward to September last year and I found that two of the structural, horizontal wooden struts at the back of the sofa have detached from the rest of the frame.
I had an independent, qualified upholsterer inspect the sofa and write a report. He has identified the previous repairs, which, in his opinion were poorly done, he has also agreed that the seat cushions are poor quality and almost fold in half when sat on, and obviously he has highlighted the structural failure in the frame.
 
I started another complaint using the Resolver website, uploaded a copy of the report and photos of the damage.
However, Sofology have completely ignored my complaint and have not responded at all.
Following the timeline advice on the Resolver site, I made a complaint to the Furniture Ombudsman on the 16th November last year. To date, Sofology have not communicated a response to the Ombudsman.
 
I emailed them last week and they said they are still waiting a response.
Im not sure what the Ombudsman deem to be an acceptable time limit for Sofology to respond, but I feel they have had more than enough time.
 
So my question is where do I go from here?
The estimate given by the upholsterer to repair the sofa is around £700, the cost of the report was £150.
 
Can I proceed with a claim through the courts?
 
The sofa was purchased on 0% finance through V12 Finance, I’ve not made any attempt to claim under section 75 as of yet. 
Thanks. 
 
Sent from my iPad
 
Sent from my iPad
Edited by BankFodder
Restructured in order to make it readable
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Although it is not helpful now – for the benefit of others who visit this thread, it's a shame that you bothered to go through resolver and through the so-called ombudsman.
These organisations only have a remit so far as it is accepted/agreed by the company you are up against.

On the other hand, the County Court obliges them to engage with your claim whether they like it or not – and generally speaking they don't.
You can reckon that if they don't like it, then it should be your preferred route.

You got an independent assessment. You have evidence that it was faulty and that they attempted a repair and failed.
Do you want the thing repaired or do you want it replaced?

I can imagine it may be very difficult to get it repaired to your satisfaction and so a replacement may be the only option – you need to discover what is the cost of a replacement of equivalent quality et cetera – and obviously not with SOFOLOGY, I suppose.

I suppose you never actually sent a letter asserting your consumer rights under the Consumer Rights Act 2015. Covid wouldn't have gotten in your way at least of sending a letter and so it's a shame that you probably didn't do this.

Whether you want it repaired or you want it replaced, the best you can do is to send off a letter of claim and begin a Canticle action.

Decide which remedy you prefer and post a draft of your letter of claim here.

You have been led around the nose for far too long and it's about time that you took control

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Thank you for your help, it’s much appreciated.
 

I have drafted a letter of claim as shown below.

 

Do I have the right to request a refund, given the fact that my first complaint was made ten months after taking delivery, or is the best I can hope for now is another repair? 
 

 

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Sofology Ltd
Golborne Point
Ashton Road
Golborne
Lancashire
WA3 3UL

 

21 February 2022

 

Letter before court claim

 

Dear Sofology Ltd,

Order Reference: xxxxxx

Re: faulty Midas Sofa xxxxxxx

 

I first complained to you using the Resolver website on the 24/07/2020 regarding a faulty Midas sofa purchased from you on 26/09/2019, and delivered on the 25/10/2019. You sent out a technician on the 10/09/2020 who attempted to repair the defects. 

 

On the 10/09/2020 I made a second complaint to you, again using the Resolver website, however, you have failed to respond. This was escalating to the Furniture Ombudsman on the 16/11/2021. You have however, failed to engage with the Ombudsman

My initial complaint related to a section of the framework protruding against the material, resulting in the material stretching over the defect. The inner corner of one section of the sofa was poorly finished with rucked material and visible staples. The seat cushions were excessively soft and provided little support. The technician attempted to repair the protruding frame defect and the poorly finished corner. It was his opinion that the cushions were satisfactory.

 

My second complaint related to the ongoing issue with quality of the cushions, the poor repair carried out following my first complaint, and the structural failure of the frame, whereby two of the verticals wooden struts at the back of the sofa have detached from the main frame. I have had the sofa independently inspected by a local upholsterer who is a member of the Association of Master Upholsterers, a copy of the report was submitted to you on the Resolver website on the 10/09/2021.

 

As all previous attempts have failed to resolve this matter, I now requesting a full refund of the purchase price of £1899.00 on the grounds that the goods were not of satisfactory quality under the Consumer Rights Act 2015. 

 

I would request that you acknowledge receipt of this letter as soon as possible. If you don't agree to the refund, could you please then send me a detailed response saying why you don't agree.

 

If I do not receive a satisfactory response from you within 14 days of the date of this letter, I intend to issue proceedings against you in the county court without further notice. This may increase your liability for costs.

 

I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules, and in particular to paragraph 13-16 which sets out the sanctions the court may impose if you fail to comply with the Practice Direction.


I look forward to your acknowledgement.

 

 

 

 

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Just go for the full refund – and see what they have to say about it in court.

Is that a typo? You say that their repairer found that the cushions were satisfactory???

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Two things.

Firstly, read it over because that was a serious typo. You are going to have to exercise more care if you are going to do this.

Secondly, it's not a question of "seeing what they come back with". You are now taking control and you are proposing legal action and you need to prepare for that.
This means that as soon as you have sent the letter of claim, you start registering with the County Court money claim website and prepare your claim.

If you are still at the stage where you are going simply to "see what they come back with" then you really haven't prepared yourself to take control and to do what's necessary.

Make your mind up and don't send the letter of claim until you have done

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Again, thank you for your input. 
 

I’ve reviewed the letter and that section is actually correct, the technician opinion of the cushions being satisfactory related to the Sofology technician, not the independent inspection I commissioned. is this not clear enough?


I am completely determined to getting this resolved through the courts. Poor choice of words when I said “see what they come back with”. 
 

 

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In that case it needs to be amended. Don't send it yet

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