Money Problem: ‘A dry cleaners ruined my sofa and won’t replace it. What are my rights?’
Every week in our Money blog, we answer questions about your financial problems or consumer disputes. This week, a reader asked what rights they had after her sofa was ruined by a dry cleaners.
Reader Maureen asked: “I have had half my sofa covers cleaned by Johnsons, the cleaners. They have been ruined as the Belgian linen was hand washed and the care instructions not followed.
“This happened in July. I have been in communication with customer services who finally agreed that half a sofa could not be reupholstered – and, verbally, said they’d cover the whole suite.
“Last week I received an email from management now reneging on the offer and instead offering a small amount of money that will deem my sofa unfit to use as it won’t cover either a reupholster or new sofa. Where do I stand?”
Reader Maureen sent us a photo of the ruined sofa
Our cost of living specialist Megan Harwood-Baynes replied…
You sent me further details of your complaint, including photographs and your correspondence with Johnsons (the bits that have been in writing).
I can see in your email correspondence with Johnsons that they will not pay what you say is required to reupholster the whole sofa. They say their liability to you extends only to the actual covers that were submitted for cleaning.
The original sofa cost you £2,400 eight years ago, and you also have a quote for completely reupholstering it, which comes to £2,560. You (rightly) argue that it’s not really possible to reupholster half a sofa.
Regarding the verbal offer you say was made, Helen Dewdney, a consumer expert at The Complaining Cow, says she always tells people to put everything in writing because there is no evidence when you make phone calls – so bear this in mind going forward.
As for your rights now, your issue falls under the Consumer Rights Act 2005, she says.
“If services are not undertaken with reasonable skill and care and your items get damaged or lost then you have the right to claim compensation,” Helen says.
This can include claiming for the cost of replacing a damaged or lost item, although there may be a reduction for wear and tear of the original item.
Johnsons has already offered some compensation to you (£800). They claim that the age of the sofa means it “holds no residual value” but offered 25% of the original price, an additional £200 as a gesture of goodwill, and a refund of the original cleaning charge.
However, you are not happy with this because you say it is not enough to either fix or replace your “ruined sofa”.
I reached out to Johnsons, and they did not reply, but you told me that two days after I emailed them, they almost doubled the amount of compensation on offer (to £1,500).
You went back to them with a counter-offer of £1,700, they agreed, and you are now finally able to bring the saga to a close (and get your sofa fixed).
Had they not agreed, you could have considered these next steps…
Membership of the Textile Services Association is available to laundries, dry cleaners, textile renters and their suppliers, Helen says.
“If the company you are using is a member, then the TSA offers a conciliation service. You may be asked to prove your claim and, on a loser-pays basis, use the association’s testing service. It also offers an arbitration service if the matter still cannot be resolved.”
However, if the firm is not a member of the TSA – and it looks like Johnsons is not – then you have the option of taking the matter to the small claims court – or equivalents in Scotland and Northern Ireland.
“If a company provides no information whatsoever regarding what you should do if you have a complaint, this is a red flag,” Helen says.
“If a company does not recognise that mistakes happen and outlines what it will do if a problem occurs, it cares little for customer service or reputation.”
This feature is not intended as financial advice – the aim is to give an overview of the things you should think about. Submit your dilemma or consumer dispute via:
- WhatsApp us here
- Email news@skynews.com with the subject line “Money blog”
The first-ever Capture case has been delayed at the Court of Appeal as the Post Office asks for an extension to respond, Sky News has learned.
Pat Owen, a former sub postmistress who has since passed away, was convicted of stealing in 1998 based on evidence from computer software.
The system, known as Capture, was used in up to 2,500 branches in the 1990s, before the infamous Horizon system was introduced.
Hundreds of sub-postmasters were wrongfully convicted between 1999 and 2015 as part of the Horizon scandal.
Earlier this year, Sky News unearthed a 1998 report showing the Capture software was also faulty.
That report, commissioned by the solicitors acting for Mrs Owen in 1998, was served on the Post Office and may never have been seen by the jury in her case.
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‘All we want is her name cleared’
Ms Owen was given a suspended prison sentence and fought to clear her name subsequently – but died in 2003.
Her case was referred by the Criminal Cases Review Commission (CCRC) to the Court of Appeal in October.
The Post Office had until 5 December to respond to papers put forward by Mrs Owen’s defence team but they have now asked for an extension until 30 January.
Ms Owen’s daughter, Juliet Shardlow, described the family’s suffering at the lengthening wait.
“I need to emphasise the profound impact the ongoing delay is having on our family,” she said.
“The continuous uncertainty only compounds our heartache, stress, and anxiety.
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Alan Bates: New redress scheme ‘half-baked’
“It has become the last thing I think about before I go to sleep and the first thing when I wake up.
“We have waited 27 years for justice, and this additional wait feels never-ending.”
Ms Owen’s case is the first time a conviction based on Capture has reached the Court of Appeal since the scandal was exposed.
Read more from Sky News:
Corporate manslaughter charges considered in Post Office scandal
21 ‘Capture’ cases investigated for miscarriages of justice
Lawyers have said that if Ms Owen is exonerated posthumously, it may “speed up” the handling of others.
CCRC chair Dame Vera Baird also told Sky News in the summer it could be a “touchstone case” for other victims.
The CCRC is also continuing to investigate around 30 other “pre-Horizon” convictions.
A Post Office spokesperson said: “We have sought an extension of time to fully consider and respond to the CCRC’s Statement of Reasons in Ms Owen’s case.
“We deeply regret the impact our request for further time will have on Ms Owen’s family.
“We have a duty to carefully consider the evidence presented in the Statement of Reasons submitted by the CCRC and do everything we can to fully assist the Court when it considers this conviction.”
Meanwhile, the first-ever redress scheme for victims of the Post Office Capture IT scandal was launched this autumn.
The Capture Redress Scheme will provide payments of up to £300,000, and more in “exceptional” cases, to former postmasters who suffered financial losses.
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