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    • Thank-you dx, What you have written is certainly helpful to my understanding. The only thing I would say, what I found to be most worrying and led me to start this discussion is, I believe the judge did not merely admonish the defendant in the case in question, but used that point to dismiss the case in the claimants favour. To me, and I don't have your experience or knowledge, that is somewhat troubling. Again, the caveat being that we don't know exactly what went on but I think we can infer the reason for the judgement. Thank-you for your feedback. EDIT: I guess that the case I refer to is only one case and it may never happen again and the strategy not to appeal is still the best strategy even in this event, but I really did find the outcome of that case, not only extremely annoying but also worrying.
    • Indians, traditionally known as avid savers, are now stashing away less money and borrowing more.View the full article
    • the claimant in their WS can refer to whatever previous CC judgements they like, as we do in our WS's, but CC judgements do not set a legal precedence. however, they do often refer to judgements like Bevis, those cases do created a precedence as they were court of appeal rulings. as for if the defendant, prior to the raising of a claim, dobbed themselves in as the driver in writing during any appeal to the PPC, i don't think we've seen one case whereby the claimant referred to such in their WS.. ?? but they certainly typically include said appeal letters in their exhibits. i certainly dont think it's a good idea to 'remind' them of such at the defence stage, even if the defendant did admit such in a written appeal. i would further go as far to say, that could be even more damaging to the whole case than a judge admonishing a defendant for not appealing to the PPC in the 1st place. it sort of blows the defendant out the water before the judge reads anything else. dx  
    • Hi LFI, Your knowledge in this area is greater than I could possibly hope to have and as such I appreciate your feedback. I'm not sure that I agree the reason why a barrister would say that, only to get new customers, I'm sure he must have had professional experience in this area that qualifies him to make that point. 🙂 In your point 1 you mention: 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver. I understand the point you are making but I was referring to when the keeper is also the driver and admits it later and only in this circumstance, but I understand what you are saying. I take on board the issues you raise in point 2. Is it possible that a PPC (claimant) could refer back to the case above as proof that the motorist should have appealed, like they refer back to other cases? Thanks once again for the feedback.
    • Well barristers would say that in the hope that motorists would go to them for advice -obviously paid advice.  The problem with appealing is at least twofold. 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver.  And in a lot of cases the last thing the keeper wants when they are also the driver is that the parking company knows that. It makes it so much easier for them as the majority  of Judges do not accept that the keeper and the driver are the same person for obvious reasons. Often they are not the same person especially when it is a family car where the husband, wife and children are all insured to drive the same car. On top of that  just about every person who has a valid insurance policy is able to drive another person's vehicle. So there are many possibilities and it should be up to the parking company to prove it to some extent.  Most parking company's do not accept appeals under virtually any circumstances. But insist that you carry on and appeal to their so called impartial jury who are often anything but impartial. By turning down that second appeal, many motorists pay up because they don't know enough about PoFA to argue with those decisions which brings us to the second problem. 2] the major parking companies are mostly unscrupulous, lying cheating scrotes. So when you appeal and your reasons look as if they would have merit in Court, they then go about  concocting a Witness Statement to debunk that challenge. We feel that by leaving what we think are the strongest arguments to our Member's Witness Statements, it leaves insufficient time to be thwarted with their lies etc. And when the motorists defence is good enough to win, it should win regardless of when it is first produced.   
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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SCS Cancellation policy unfair issues for Sofa I ordered


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Hi. im after some advice on how to proceed against SCS for what i believe to be unfair terms/treatment.

 

We went to the store on Tues 30 May 17, approx 20 mins before the store closed.

 

Having seen a sofa set (3 and 2 seater) we liked, we decided to place an order using the 0% interest payment option over 48 months.

 

The salesman was in a rush to push the order through due to the fact that the store was soon to shut.

 

In a nutshell,

20 days later we wanted to cancel the order in total due to no longer needing the sofa.

I rang the store to advise and i was told that SCS don't have a cancellation policy and that I have to honour the reservation.

 

I complained and the manager advised that according to the T&Cs that we had signed,

this information was available and that the sales person would have told me aswell.

 

For information, due to the fact that the sales person was in a rush, he never mentioned it to me and also while in a rush he told us to sign something electronically which turned out to be the T&Cs before we had a chance to read them.

 

i argue that we were not aware of the T&Cs because we were not given the opportunity to see them before signing and were also not told verbally.

 

The area manager advised that he would cancel the order but it would cost me 25% of the order total.

I'm not even sure this is even in the T&Cs.

 

On one hand they say there is no Cancellation policy and on the other hand they want to charge me 25% cancellation.

 

I need to know how to proceed with this, who to contact (maybe the CEO) and also if there is anything within the Consumer Credit act that they may have breached that i can throw at them.

 

I have not taken delivery of the sofas yet; this is scheduled for Oct 17.

 

Any help would be gratefully appreciated.

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Have you paid any money?

 

Please will you post the T&Cs here in pdf format

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Yes, I paid a deposit of £108 by debit card to hold. The balance was over finance. I dont mind loosing the £108.

 

On another note; which i forgot to add......i wasn't given a copy of the T&Cs

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So have you signed a finance agreement? Who is that with? Is the agreement in place now or has it to be finalised?

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Yes we have signed the finance agreement,

but again it was in a rush to place the order (on their part).

We did not view any terms.

 

The document was on their computer screen and when prompted to signed electronically, a digital pad was given to the wife and she signed it.

 

Im not entirely sure whom it was with but ive a feeling that it was with Barclays.

 

The finance has been finalised, but no payments have been made yet.

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I hope you won't mind me saying that you constantly refer to the fact that you were in a rush – and this somehow justify not taking any care over what you are doing. I'm afraid that this will cut no ice with anyone and it is unhelpful to you because it suggests an admission that you got rather careless about things.

 

Also, it looks like we having to tease the information out of you bit by bit. We have now discovered that you have finance agreement and I'm afraid that this adds another layer of complexity. Presumably the finance agreement will mean that suppliers will be automatically paid their money and that your direct debit payments will start automatically within the next month or so.

 

You are now in a position where not only do you have to try and arrange the cancellation of the sofa – but you also have to arrange the cancellation of the finance. Cancelling the finance might be a lot more awkward. There was probably a cooling off period on the finance agreement – but it has probably expired by now.

 

I think you need to to begin by getting the relevant paperwork. This is a matter of urgency if you want to do anything about it. You need to find out what were the terms of the contracts which you signed for the sofa. You also need to find out what with the terms of the finance agreement you signed.

 

Please pardon my incredulity, but I find that it is pretty amazing that you have managed to all of this without reading any of the terms and conditions, without having a copy of any of them and without even knowing who is apparently lending you the money.

 

I have had a look at the SCS website, and I see that they apply a 25% reduction to refunds to items which are returned to them because those items are in a "used state".

 

Clearly in your case, the sofa is not in a you state because it hasn't even been delivered. On this basis I find that 25% is excessive and I'm quite sure that it represents far more than any administrative costs.

 

We really need to see the terms and conditions – urgently here. There may be something in them which says that the goods do not become yours or the contract is not finalised until the sofa is selected or the sofa is delivered – or some such.

 

I don't think that there is much us we can say to you until you get some of this basic information. You had better hurry

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Hi. Thanks for the advice.

 

 

Ill attempt to get the contract uploaded as soon as i get get sight of it.

I don't think that you are needing to tease the info out of me.

My third paragraph advises that Finance was included.

I think that you may have miss understood my comments about being in a rush.

 

 

I wasn't in the rush; i had all the time in the world.

In my 4th paragraph i stated that it was the salesperson that was in the rush because the store was soon to close and he just smashed through the paperwork so quickly.

 

 

The point i was trying to make was that i felt that in his haste, we were not given the opportunity to peruse the full contract prior to signing.

 

 

He just basically thrust an electronic pad to my wife and said to sign in the pad.

There was no information on the pad or computer screen, it was to capture her signature which; as it turns out, is added to the contract as the signature.

Again this wasn't made clear that at that point we were signing the contract.

 

Ill get the contract uploaded ASAP.

 

 

Oh, the store manager is now always engaged when i ring wanting to speak with him, and he never returns my calls despite me being assured that he will.

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