Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default SCS Wrongly Handed and Damaged on Delivery

    Morning,

    I am assisting my daughter and her fella sort a dispute with SCS.

    Last week in December 2008 ordered and paid by Credit Card £1200 for a two piece Corner Unit + Footstool.

    Goods delivered within the delivery timescale, in fact two weeks inside it so every credit for that.

    When unpacked it was obvious the back of the sofa was broken at the bottom and has movement back and forth at the top of some 8 inches. The joining piece is wrongly handed (its left handed when it should be right) so the large hooks & eyes dont mate up, the eyes are visible at the end and the hooks are where the pieces join.

    The store was contacted imediately and was advised that the Customer Services should be contacted on their premium rate numbericon. Contacted them and awaited their callback (they will not put you through but insist on calling back). After waiting all day the store was contacted and a message left for the manager that the Credit Card Company would be asked to make a chargeback. Within half an hour the Customer services called and arranged for a Rep to visit and inspect.

    The inspection took place the second week in February and a letter was left by the Rep saying they would contact us within the next seven days. Nothing heard from them so the following letter was sent the fourth week in March.

    ?? March 2009


    A Share & Sons Limited (T/as SCS)
    45-49 Villiers Street
    SUNDERLAND
    SR1 1HA


    Dear Sirs,
    Re: Corner Group, Sofa & Foot Stool

    Further to my complaint to Customer Services, the store of the purchase and your representatives inspection visit on the ?? February 2009, the issues regarding my purchase have not been resolved.
    This letter is my Formal Rejection of the goods which are not of satisfactory quality.
    From your receipt of this letter, I will allow you Fourteen Days to resolve the matter to my satisfaction.
    I require within the specified timescale to either Replace the Goods or issue a Full Refund together with compensation to cover Credit Card interesticon and inconvenience.
    Should you fail to resolve the matter within the timescale, I will without further notice issue a claim in the county courticon against your organisation and the credit provider.
    Yours faithfully,
    The Credit Card Company have been informed and say it could take up to 120 days. They have agreed to suspend interest even though its still being added.

    An acknowledgement has been received from SCS saying they will contact us within the next 7 - 10 days which has now expired.

    My questions are for a non biased opinion of the next course of action.

    1. Should we commence proceedings immediately with a Money Claim Online or write giving them further time?

    2. Should the Claim be served to their Head Office at the address on the above letter?

    3. Should the CC Company be named a Second Defendant?

    4. At what address should the Second Defendant be served? (Barclaycard).

    Thanks in advance.

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  2. #2
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    Default Re: SCS Wrongly Handed and Damaged on Delivery

    1. A cool head may suggest write again giving 7 days to show you have done everything reasonably. Others (equally cool headed) will say you have been reasonable enough - I'm in the latter. You have however already stated that you will commence court action if no response is received so I would go ahead otherwise they will see you as a doormat. May be worth a quick call to them first?
    2. Serve to their head office
    3. Yes
    4. Dunno sorry - their head office?



  3. #3
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    Default Re: SCS Wrongly Handed and Damaged on Delivery

    Quote Originally Posted by gyzmo View Post
    1. A cool head may suggest write again giving 7 days to show you have done everything reasonably. Others (equally cool headed) will say you have been reasonable enough - I'm in the latter. You have however already stated that you will commence court action if no response is received so I would go ahead otherwise they will see you as a doormat. May be worth a quick call to them first?
    2. Serve to their head office
    3. Yes
    4. Dunno sorry - their head office?
    Dont know if you missed it but they did respond to the letter with standard "to save you having to contact us we will contact you in 7 to 10 days" and as I said their 10 days has now passed.

    Funny enough I copied the letter to them using the contact details on their web site but have heard nothing.

    Think I'll just give them a couple of days to allow for slow post then issue. Unless anyone else has any comments.

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  4. #4
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    Default Re: SCS Wrongly Handed and Damaged on Delivery

    Sorry about that mix up. Giving them a couple of days would be very nice of you. After that - its tough toffee for them.



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    Default Re: SCS Wrongly Handed and Damaged on Delivery

    Just to keep you all informed.

    13/04/2009 CC Claim Requested online

    14/04/2009 CC Claim Accepted and Issued

    Taking into account 5 days for service I recon about the 3/05/2009 will be the time to enter Judgement in Default if no response by then.

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  6. #6
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    Default Re: SCS Wrongly Handed and Damaged on Delivery

    ScS have been busy on the telephone. First the store manager and then some Section Head of Liason. They seem to want to sort it out quick now after ignoring us previously.

    The Manager wanted to take the unit away to repair I think but he got his ear chewed and rightly so.

    Then the Liason person wanted to uplift the unit and send a cheque 10 days later for refund and court fee. (Now what if they went bust after uplifting) I would prefer Judgement first and cleared funds before uplift.

    I seem to remember them having the money for four weeks from the order to delivery.

    Tomorrow is the last day for the CC company to respond to the claim so I think we have a little waiting to do and seek advice on the lack any offer of compensation.

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  7. #7
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    Default Re: SCS Wrongly Handed and Damaged on Delivery

    I would carry on with the claim and not discontinue until you have cleared funds, although, in all honesty, you should inform the court of any monies received and ask then to put a hold on the case for a week to allow for the cheque to clear before you discontinue.

    Lula


    Lula v Abbey - Settled
    Lula v Abbey (2) - Settled
    Lula v Abbey (3) - Stayed


  8. #8
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    Default Re: SCS Wrongly Handed and Damaged on Delivery

    Judgement now issued against the CC company.

    Scs still haggleing over the compensation claim.

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  9. #9
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    Default Re: SCS Wrongly Handed and Damaged on Delivery

    Latest Update.

    ScS now collected furniture and left cheque for full refund + court fee + 12.5% compensation.

    Overall a good result.

    Will they ever learn?

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  10. #10
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    Default Re: SCS Wrongly Handed and Damaged on Delivery

    Nope!

    Well done.




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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE