What are my options for an item that has failed

[ImCamembertTheBigCheese]

I bought an expensive, reupholstered item from a company, less than a year later, part of it has failed. Think a table and the leg has come loose and wobbly. The company are refusing to take any action as I do not have a guarantee or warranty.

I have said that they have supplied me with an item that is not fit for purpose under the Sale Of Goods Act but they say I must have used the 'table' incorrectly.

I will complain to their head office next but what are my other options please. Small claims court or maybe Trading Standards. Would appreciate some advice. Do I have any basis to claim back from them.

As the item is over 6 months old, it is up to you to prove the item was faulty. You will need to get an expert's report saying that the item is faulty and that the problem is not due to misuse or accidental damage. Once you have that, if they still refuse to do anything, you have all you need to take them to small claims.

As the item is over 6 months old, it is up to you to prove the item was faulty. You will need to get an expert's report saying that the item is faulty and that the problem is not due to misuse or accidental damage

Don't be ridiculous. A piece of furniture would be expected to last a year. If it doesn't it is not fit for purpose. You don't need an expert report to tell you that if the leg has come off it within a year, it's not fit for purpose. It's not the kind of case where you'd need an expert besides the cost of an expert would be worth more that it was worth!

It is right however that the burden will be on you to show it was faulty rather than it failed because of you misusing it for example - but that should be easy. Take a few photographs of the the damaged /failed area if you haven't already.

Consumer Rights Act 2015 gives you a right to a repair or refund - google it for more info - there's lots of advice out there including example letters to write.

like this kind of thing:

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/Problems-with-goods---letter-before-court-action/

You could refer them to TS or bring a small claim but you are probably better off going hard at them first as they won't want the hassle of either of those.

Thank you. I will get writing!

No, I am not being ridiculous.

I note that, halfway down your post, you actually agree with what I said - that the burden of proof lies with the OP. However, you have an overly optimistic view as to the proof required.

If an item is less than 6 months old, any fault is presumed to have been present when it was purchased. The burden of proof is on the retailer if they want to argue that the fault is due to misuse or accidental damage.

Once an item is more than 6 months old, the burden of proof is reversed. It is then up to the buyer to prove that the fault was present when the item was purchased.

The fact that an item of furniture is expected to last much longer than a year is irrelevant. The retailer is still entitled to question how it came to be broken.

You are correct that you don't need an expert report to tell you that a leg has come off after a year. However, since the retailer is arguing that it is due to OP's misuse, she needs an expert report to show why it came off after a year. A few photos of the damaged area are highly unlikely to be enough to prove her case. They will show that the item is damaged but are unlikely to show why or how that damage occurred. That is why OP needs an expert report - to prove that the item was faulty when purchased. If this ends up in court and she follows your advice to rely on a few photos, she is likely to lose as she will not have proved her case. And a few photos are unlikely to convince the retailer.

Once she has an expert report saying that the item was faulty, she will be in a much better position to demand a repair or refund. If the retailer still refuses, she should send a letter before action. If the retailer still won't budge, she will then have everything she needs to start legal action.

I note that, halfway down your post, you actually agree with what I said - that the burden of proof lies with the OP. However, you have an overly optimistic view as to the proof required.

you are being ridiculous.

I do agree with the fact that the burden of proof after 6 months is on the purchaser because it's the law. I really don't have an overly optimistic view of the burden of proof at all.

If you had a small claims case on these facts and you asked the court for permission for an expert, the Judge would laugh in your face.

However, since the retailer is arguing that it is due to OP's misuse, she needs an expert report to show why it came off after a year

No she doesn't. Her own account of why/how/circumstances it came off together with photographs showing that it is not otherwised damaged will do.

If it came to it, OP can give oral evidence of the use of the furniture and it's a fucking piece of furniture not a Dale Chiluly glass sculpture. Furniture is expected to be relatively robust. Unless you are using a bed as a trampoline every day or setting about it with an axe, it should last a year and you don't need an expert to tell you that.

The sellers are trying it on with the OP and they know it.

The shit standard of advice on MN is eyewatering really. Why you would be encouraging someone to spend money on "an expert" for a piece of furniture that will almost certainly be less value than the cost of "an expert" at a point where they haven't exhausted all options with the seller is anyone's guess. Plus those costs wouldn't be recoverable in Small claims anyway.

If it's a modern version of a handcrafted Chippendale worth £££ AND you are at the point of having to issue proceedings, then it might be worth considering expert evidence but really not here and not at this stage.

What's the value of it @ImCamembertTheBigCheese ?

This isn't complicated stuff.

I’ve got a refund/replacement by not giving up. They will try to put you off in their first reply to you.

i think you can get template letters to send to the company in question that refer to the Act that applies and which section you are claiming under.

If you paid by credit card there’s an option to apply to them for compensation.