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Customers can buy with confidence from shops registered with the Furniture Ombudsman
Customers can buy with confidence from shops registered with the Furniture Ombudsman
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Taking pain out of disputes

By Halima Sadat
13/ 6/2008

Buying a piece of furniture can be a major purchase, with the expectation that you will get many years of reliable use out of your investment.

But sometimes things do not go as planned and a solution to the resulting dilemma is not always clear-cut.

Take, for example, the Tongham resident who bought a fitted kitchen from a retailer in the area. The installation work took nine days instead of the five originally agreed, and then it was found there was a problem with the freezer.

This required a visit from the installation manager, followed by a day’s remedial work. The customer was finally satisfied with the kitchen, but believed the retailer should compensate him for costs he incurred as a result of the problem.

The retailer disagreed and a dispute arose. What to do?

In situations such as this the industry’s mediator, The Furniture Ombudsman, can step in to provide impartial advice and make recommendations.

It acts as an independent standards body for furniture — including kitchen and bathroom fittings — and floor coverings and is funded by its registered members in the furniture industry.

The aim is to reduce the number of complaints from consumers and to improve the reputation of its members, who display the ombudsman’s logo in their shop.

As there is little legal regulation of furniture quality, buying from a member retailer can give customers confidence in their purchase.

In addition, the ombudsman provides retailers with training and updates in matters such as consumer law, furniture regulations and compensation guidelines, as a way of preventing disputes arising.

It can also provide reports on specific pieces of furniture where there appears to be a recurring problem, to help the retailer take the action with the manufacturer.

Rhianwen Roberts, head of service for The Furniture Ombudsman, explained the process which is followed in the event of a dispute between a retailer and a customer.

“The retailer must first give the customer The Furniture Ombudsman’s details,” she said. “In the first instance, the customer can contact us to get initial advice, and this can be quite powerful. If they want to take the matter further, they fill in an application form.

“This is sent to the retailer, who then usually submits a response. The Furniture Ombudsman looks at the arguments from both parties — or just the customer if the retailer fails to respond — and gives a decision, which the retailer is obliged to follow. This forms the conciliation process.

“Eighty-five per cent of complaints are settled at this stage, but occasionally the customer is still not satisfied and the dispute goes on to adjudication.

“In this case, an inde-pendent report is obtained on the problem and added to the previous evidence. From these three sources of information, a further decision is issued.”

Decisions can contain a degree of compromise, as in the Tongham freezer case, where The Furniture Ombudsman upheld claims for some, but not all, of the customer’s out-of-pocket expenses.

Civil action through the court system is still an option for customers as the ombudsman’s decision is not legally binding. In practice, this does not happen, partly because of the cost involved and the uncertainty of the outcome.

“A court will usually look at our report and will place weight on it, so a customer might find they are no better off, or may even be worse off,” said Rhianwen.

“It is not our job to represent either the customer or the retailer in the way a solicitor would and we do not replace the courts.

“We base our decisions on fairness, equity and reason-ableness pertinent to each case, whereas a judge will be more concerned with legal arguments and precedents.”  

An example where the customers possibly obtained a more favourable result via the ombudsman than through the courts, concerned the purchase of a faulty bed by an Aldershot couple.

After a long disagreement in which the retailer denied there was anything wrong with the bed, an independent report was obtained through The Furniture Ombudsman.

This showed that the bed was indeed faulty and the retailer was ordered to refund the customers’ money, as they had requested.

A court would probably have ordered a replacement of the bed under the terms of the Sale and Supply of Goods to Consumer Regulations 2002.

The conciliation process only covers the organisation’s members and is free. If a case goes to adjudication the customer pays £50, which is refunded if their claim is upheld.

Where a retailer is not a member, a customer would have to seek recourse through the courts or consult the Citizens Advice Bureau or their local council’s trading standards department.

Last year, The Furniture Ombudsman dealt with 2,000 complaints. “We sort out all kinds of problems, major and minor,” said Rhianwen.

“For example, sometimes customers don’t appreciate that when they buy a product made from a natural material such as wood or leather, that the piece they receive will differ in appearance from the one in the showroom due to natural variations.

“We can defuse difficult situations by giving an impartial and objective explanation or solution. It means that the customer is not dealing with the retailer directly, which is to everyone’s advantage because, not surprisingly, emotions can run high in these disputes.”

For information on The Furniture Ombudsman, visit www.thefurnitureombudsman.co.uk. To make a complaint, call 0870 162 0690 or email info@thefurnitureombudsman.co.uk.


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