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  1. #1
    Join Date
    Mar 2008
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    4

    Unhappy Furniture Store Claims Bankruptcy, Am I Stuck With Defective Loveseat Indefinitely?

    hello everyone,

    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.

  2. #2
    Join Date
    Mar 2008
    Posts
    4

    Default Re: Furniture Store Claims Bankruptcy, Am I Stuck With Defective Loveseat Indefinite

    hello again,

    perhaps my original post was too detailed in length, if so i am sorry.

    i received a permanent credit card refund credit from my cc company for a furniture company's damaged unsafe & defective product, and that furniture company recently declared bankruptcy.

    my credit card company said the furniture company's bank cannot ask for the permanent refund credit back since they never replied to the original credit card companys inquiry, but they also said the furniture's bank representating them can hire a collections agency to come after me for the defective furniture, or payment i was granted by my cc company, if i do not keep the defective furniture to return it to them.

    can someone please legally advise me as to exactly what the new york statue of limitation timeframe is, so i know how long i must keep the damaged goods, since i do not want to pay any collection agency back in cash for a defective unsafe damaged item the furniture company refused to pick up, long before they filed for bankruptcy?

    please reply legal advisement as i really need to know this information, and thanks in advance.

  3. #3
    Join Date
    Sep 2005
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    Default Re: Furniture Store Claims Bankruptcy, Am I Stuck With Defective Loveseat Indefinite

    There are three basic instructions you didn't follow - keep it concise and (in fixing that one), be patient and don't reply to your own post.

    The issue really is how long can you keep the loveseat without incurring a possible financial loss. That's hard to say - if the ultimate decision is to authorize the charge, and you have disposed of the loveseat, you'll be out the money.

    I would consider the following:

    Hire a company to restuff the pillows. There are a lot of companies that offer upholstery services, and that's a pretty simple job. Have the feathers and foam removed, and new, comfortable, hypoallergenic stuffing installed in their place. That way you should end up with a loveseat that is pretty much the way you wanted it to be from day one, and if your chargeback is upheld you'll only be out the cost of having the pillows restuffed.

    Is the furniture store out of bankruptcy yet? If so, and you weren't declared as a creditor, you can consider suing them in small claims court. Don't count on getting money - they probably won't exist after the bankruptcy, probably won't have any assets, and probably won't show up in court. But if you get a judgment against them saying you don't owe them anything and perhaps that they owe you money, that should chop off any future bill collectors at the knees.

    The warranty issue seems like a distraction. You claim that the loveseat was misrepresented to you. That's not the type of defect a third party warranty would cover, even if they received their money. And as you note, the warranty was never effective as the furniture company didn't pay them. Similarly the manufacturer isn't responsible for the loveseat being exactly as it was intended to be when they made it - they didn't misrepresent the nature of the stuffing.

  4. #4
    Join Date
    Mar 2008
    Posts
    4

    Default Re: Furniture Store Claims Bankruptcy, Am I Stuck With Defective Loveseat Indefinite

    thanks so much for your reply & i appreciate your very detailed and wonderful advisement, but today i professionally hired someone to remove the loveseat and drive with me to a storage facility where it will be stored indoors, then i bought a very comfortable floor sample sofa, and the store rep even removed the entire seat cover so i could see that it was only comprised of all foam and no feathers. then it was loaded on the truck and the driver i hired brought it into my home for me. i am satisfied with this new sofa purchase, and this furniture company also gave me a 1 year warranty.

    question: my credit card company told me to keep the sofa available in case collections agency or attorneys want it back, therefore i placed it in storage, but still need to know if there is a statue of limitations of time frame that i must keep it before i can legally discard it. they also said if i kept the sofa i could return it to them instead of paying them. isn't this correct?

    also 1 thing i need to know. since the furniture company kept my credit card funds for the extended warranty 5 year service, isn't that illegal, since by doing so my 5 year furniture extended warranty was voided? doesn't that equate to fraud and embezzlement, especially since my furniture invoice specifically displays the description and costs for the sofa purchase and for the 5 year extended warranty under the same single credit card purchase transaction. i believe it is also against credit card policy as well as other various policies to sell a warranty to a customer and then keep their money and not forward it to the warranty company, and tell the customer you still have your additional 5 year warranty if we declare bankruptcy. also when this furniture company declared bankruptcy i automatically lost my one year furniture warranty with them.

    can you please also address that as i would really like to know the answer, and again i thank you in advance.

  5. #5
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    Sep 2005
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    Default Re: Furniture Store Claims Bankruptcy, Am I Stuck With Defective Loveseat Indefinite

    Quote Quoting steaklover
    View Post
    ...but still need to know if there is a statue of limitations of time frame that i must keep it before i can legally discard it.
    The statute of limitations on a contract action in New York is six years; that's the most likely statutory period limiting their ability to pursue you for payment.
    Quote Quoting steaklover
    they also said if i kept the sofa i could return it to them instead of paying them. isn't this correct?
    Bill collectors want money, not furniture.
    Quote Quoting steaklover
    also 1 thing i need to know. since the furniture company kept my credit card funds for the extended warranty 5 year service, isn't that illegal, since by doing so my 5 year furniture extended warranty was voided?
    If they took your money for a warranty and didn't forward it to the warranty company, that would be a breach of contract. If done intentionally, it would be fraud.

  6. #6
    Join Date
    Mar 2008
    Posts
    4

    Question Re: Furniture Store Claims Bankruptcy, Am I Stuck With Defective Loveseat Indefinite

    thanks so very much mr. knowitall for the additional information. i greatly appreciate it, but have one final question please.....

    you replied in your last reply to me the following:

    --------------------------------------------------------------------------------

    my question: also 1 thing i need to know. since the furniture company kept my credit card funds for the extended warranty 5 year service, isn't that illegal, since by doing so my 5 year furniture extended warranty was voided?

    your reply: If they took your money for a warranty and didn't forward it to the warranty company, that would be a breach of contract. If done intentionally, it would be fraud.

    my new question: mr. knowitall since warranty company for the extended 5 year warranty told me via telecommunications they could not put anything in writing but stated i can ask anyone to call them relative to my dishonred extended warranty as the furniture company never paid them for that service which i also placed on my furniture cc charge, and they would be more than happy if they receive calls and are given my customer warranty # they will verify the furniture company intentionally kept the money of my payment, which is why they cannot honor my 5 year extended warranty plan, and additionally this is also public informaiton on the internet........ so mr. knowitall under these circumstances it seems everyone is in agreement that this is indeed fraudthis is fraud, so if and when the collections company calls me and asks for the entire payment back, my furniture receipt lists the amount of my furniture with the tax and the seperate amount i also paid for the separate 5 year extended warranty which the furniture company kep.t.....now under these circumstances if i forward all this information to the collections company am i legally allowed to tell them the 5 year warranty company extended payment plan funds was illegal kept by the furniture company which constitutes fraud and breach of contract so i will be deducting the full amount for that service which i paid for, but did not receive..........so mr. knowitall can i just pay them the full amount for the damaged defective furniture i received along with tax and shipment charges listed on my paid credit card purchase receipt?

    kindly please advise to this final question so i know where i legally stand, as i would really hate to pay them again for a service i already paid for but never received, especially since the furniture company kept my credit card payment portion paid funds for that 5 year extended stain/rip/tears warranty transaction, and by doing so does constitute fraud and breach of contract.

    many thanks again mr.knowitall, and i await to read your final advisement when convenient, and again thank you for your expert advisements.

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