|
Please note that we are not solicitors and the guidance given below is based on many years experience. WE DO NOT GIVE LEGAL ADVICE – If you need legal advice consult a solicitor.
When one makes a major purchase one hopes that all will be well; that delivery will be made on time and that the goods arrive in good condition and are manufactured to a specification that bears some relationship to the promotional material on which you have based your purchase. One also hopes that when you have secured your new three piece suite, chairs, carpet or other items that they will perform as expected.
Unfortunately, many furniture and furnishings purchases fail to live up to consumers’ expectations, which is why complaints relating to upholstered furniture, featured number 6 in 2008 according to the UK Consumer Direct Charts. Secondhand cars hit the top spot!
When products fail to meet or expectations we are often faced with the prospect of trying to persuade a retailer to honour a guarantee or to live up to their responsibilities under the UK Sale of Goods and Services Act, which many seem not to understand let alone honour. The norm is sadly to pass the buck to the manufacturer, when in most cases it is the retailer who must in the first instance deal with complaints. Many shirk this responsibility which then means you are left with three options:
- Wait and see if the retailer acts and lives up to his responsibilities;
- Forget it, accept that the product is faulty and live with it;
- Consider taking legal action through the small claims court in order to secure a refund or to force the retailer to honour the guarantee and repair or replace the faulty goods.
In most cases, if you consider going to court, which you should only consider as a last resort, you will almost certainly be expected to provide expert testimony to back up your claim that the product is not fit for purpose. This is where PEVSA can help.
UKEurocom and PEVSA, with offices in the UK and France has a team of experts, all of whom have at least twenty years experience in dealing with consumer complaints in the furniture and furnishings industry. Heading up the team is Mike Spencer who has over thirty five years experience in the industry, the last eighteen of which were spent heading up a major UK furniture trade association where he has responsibility for dealing with consumer complaints;
Mike and his team will guide you through the requirements and ensure that you do not add to your problems by acting prematurely to secure a report. Many people are unaware of the preferred course when it comes to the appointment of expert witnesses. Most courts opt for the join expert approach. This is where a single expert is appointed following an agreement between the parties. The object is to keep court costs down and to smooth the process in the small claims court. However, some consumers go ahead and get their own inspection before consulting the other party which can lead to the Judge dismissing the report on the basis that the other party was not consulted.
If you have a complaint, consider following procedure, which is not exhaustive:
Next >>>> |