"customer service is usually good. we do our best to put things right. sorry that didn't happen in your case emsyj. you should always inspect the item when you receive it in case of any faults or damage. otherwise you're left trying to prove the fault was there when you got it and not that you damaged it."
I can see why you might say that ruddynorah, but the legal position is not as you describe. The burden of proving that the fault was NOT there at the time of delivery in fact rests with the seller, not the other way round: i.e. I was not 'left trying to prove the fault was there when I got it'. The guidance on this on the Consumer Direct (part of Trading Standards) website is quite clear, as was the letter they wrote for me to M&S. I am not a consumer law expert (I do employment and pensions) but see clear statement on Consumer Direct's site:
" If you make a claim for a repair or replacement of faulty goods within six months of purchase its up to the seller to prove that the goods were not faulty when sold to you. "
Generally the Courts will not consider a delivery note to be proof that goods were perfect at the time of delivery, simply because people tend not to inspect them before signing and so they are pretty meaningless.
Perhaps if M&S customer services don't appreciate this, that would be why they have a policy (so they told me) that if you fail to complain about an item of furniture within 3 DAYS of delivery then they assume you have damaged it. This is clearly contrary to the correct legal position, which is why I pursued it. They rolled over as soon as I issued proceedings, but it is very unfair that there are probably dozens of customers being told 'you have to prove it was faulty at the time of delivery' and believing this and not taking matters further. I am fortunate that I have legal training and could stand up for myself against M&S, but many people wouldn't and would just accept what they were told because M&S are a big company and very much seen as 'trustworthy' because of this - their image is wholesome and they are long-established. I do think that is very very wrong and they should review their policies.