i am brand new to the forums but glad i found them. i live in new york and and the new york furniture company i purchased a defective love seat from
recently declared bankruptcy, and stuck me with a defective dangerous love seat, and i need professional legal advisement, and thank everyone in advance.
my loveseat dilemma:
6 months ago i purchased a love seat from a new york furniture store. it arrived broken, i refused delivery and they rescheduled a new delivery for a new replacement without defects.
that new one arrived but the clips on the loveseat cushion were not alligned to the clips on the loveseat frame, so sitting on it caused instability, and to my amazement when i and others did sit on it we felt pain. the pain was caused by droves of dirty feathers popping up thru the velvet fabric and they popped up quill side up which felt like a sharp needle sticking you. this of course was a very painful for everyone who felt those painful quills. also the furntiure store rep lied to me when i asked if there were any feathers in the sofa cushion, and stated i was asthmatic, immune system compromised, and highly allergic to feathers. she said the cushion was made up of only foam and no feathers. also shortly after the replacement loveseat was delivered 3 pillow zippers broke.
i called the furniture company and requested the defective loveseat be picked up ,and told them i wanted a full credit card refund since i was originally lied to and told no feathers were in the loveseat cushion by the furniture sales rep the day i purchased it. the cust. serv. furniture rep i spoke to said i was coverered by their 1 year warranty, and my additional 5 year extended service warranty i had also purchased at time of loveseat purchase also gave me additional coverage, so these problems would be addressed and resolved.
the furniture company cust. service rep., said that warranty co. would send a technician to my home to see the defects, take photo's, and make a report & submit it to the furniture company, and then i would receive replacements (loveseat cushion with no feathers, and the properly alligned love seat cushion clips, and replacement sofa pillows. they also refused to pick up the defective sofa and said the replacements would address and resolve the problems. scenario followed with 2 defective seat cushions delivered via UPS. (at different times, along with replacement pillows), but problems not solved. dirty feathers still poking thru seat fabric cushions, causing me to use an asthma inhaler and have asthma attacks constantly. (feather quills were also painful as well). this continued and shortly thereafter they made promises to pick up furniture, and give me a credit card refund, but then i heard they filed bankruptcy. i tried calling but got a recording to call back. the website was still up, but no links were operational.
i also contacted the manufacturer (they said my contract was with the furniture company and not them so there was nothing they could do, but they did confirm that the loveseat cushion was comprised of feathers and foam, and that the furniture company knew that). they also said the furniture company should have told me the truth when i asked them the day of the love sat purchase).
i called extended 5 year stain furniture company & was told furniture company declared bankruptcy and that the furniture company never forwarded part of my credit card payment for the 5 year ex. warranty to them, so i was not covered at all.
i just finally got a permanent credit card refund on 3/21/08, since the furniture compoany's bank never responded to the credit card company inquiries, but i was told by cc company i should keep the defective loveseat indefinitely, since the furniture company's bank never replied to the credit card company inquiries, but they may in future turn it over to collections to try and force me to either pay the full amount i paid and was refunded, or make the loveseat available for pick up at no cost to me.
problem is i live in a 1 room apt., and need 2 buy a good loveseat and can't be holding on to this defective loveseat since it sits in the only space i have to put a good loveseat into, and my health is being compromised with all the feathers and pollution they are emitting into the air i am breathing.
i would greatly appreciate legal expert advice as to how long am i legally required to hold on to this defective loveseat in the state of new york, and if the merchants bank issues collections against me since i do not want to pay them back. do i have any legal rights due to the furniture company keeping my $79.99 and not forwarding it to the other company for my additional 5 year warranty which would have covered problems, rips, tears, stains and defects? also what about being lied to about the feathers since they also pose a health risk to me personally, and the loveseat is unsafe to sit on since the love seat cushion is still unaligned and cannot be clipped into the loveseat frame for safety reasons.
there is no way to contact the furniture company now, and additionally i have severe pain in my back from sitting on a dinette chair for the past 6 months, and am constantly using my asthma inhaler from the feathers and dust emitted from the loveseat. also i can't get another loveseat since this defective one takes up that space, and do not have any place to store this defective loveseat indefinitely.
would appreciate legal advice please, and thanks so very much.