Upheld: incomplete repair / failure to restore to pre-claim condition complaint against Fortegra Europe Insurance Company Ltd

Decision detail

Summary

Mr B claimed on his household warranty when his sofa's reclining mechanism broke. Fortegra's technician repaired the mechanism but left the sofa missing a retaining bar, spring, and safety guards. Fortegra initially refused further work, stating the mechanism was effectively repaired. Upon Mr B's challenge that the bar was on back order and necessary for proper function, the ombudsman reconsidered and found the missing bar affected the sofa's functionality. The ombudsman upheld the complaint, requiring Fortegra to replace the retaining bar and pay £100 compensation, while declining to require replacement of the finger guards as they do not affect functionality.

The Ombudsman's reasoning

The ombudsman initially found the repair effective because the broken mechanism was resolved. However, upon further investigation regarding Mr B's claim that the retaining bar was on back order and necessary for proper function, the ombudsman reconsidered. The ombudsman determined that the retaining bar affects the day-to-day functionality of the sofa's reclining feature by providing essential leg support, and therefore its absence means the repair did not fully restore the sofa to its pre-claim condition. The finger guards were found not to affect functionality and therefore did not require replacement.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website