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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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SCS failed to deliver on time - awful experience


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Hi all,

 

In brief, I purchased a sofa and chair from SCS in store on 3rd September. They said, and put on the invoice that the estimated time on delivery was 12 weeks, which would have been 26th November.

 

We received a call on Thursday 30th November to say that it will be delivered the next day on Friday 1st December between 1pm and 4pm. I took Friday afternoon off work (lost out financially) but by 4pm the sofa didn't arrive.

 

I made many, many calls to both the store where we purchased from and to the warehouse it was supposedly coming from. I explained to both places that I have a 7 week old baby and no downstairs furniture so my wife was having to breastfeed the baby upstairs on our bed all day which was becoming painful due to the awkward positioning. I added that it would only get worse so really needed the sofa and chair as soon as possible.

 

The manager at the warehouse tried telling me that because his delivery drivers were in a town "an hour and a half away", that they would not be delivering that day. I explained that the town he mentioned was, in fact, only 10 minutes away so it could easily be delivered. The manager then went on to use all the excuses he could - the Christmas lights in the town would make it impossible to get through (I explained that the driver would not have to come through the town at all), that it was too late, etc, etc.

 

The store said that essentially nothing could be done until the following Monday although they would see about getting it delivered the next day by courier but that it was doubtful.

 

Needless to say, this didn't happen and because I had a hospital appointment over 60 miles away on the following Monday, an agreement was made for the Tuesday which is when they were eventually delivered.

 

The SCS branch manager has offered a refund of the delivery if I go in to the store, which, as he knows full well, is over 38 miles away.

 

I see in the guide on here it states 'If you ordered in-store for home delivery - say furniture or anything else substantial - you won't be protected by the Consumer Contracts Regulations. In this case, get 'em to agree to a delivery deadline marked 'time is of the essence', then you'll get a load of extra rights if things go wrong.'

 

My first question is does 'Can I have prior' (meaning 'priority') was written on the Delivery Instructions sheet by the salesman at the point of sale, does this count as 'time is of the essence'?

 

My second question is what compensation can I claim for the day off work, the time spent on my phone and the stress this caused my wife over the next few days (back pain, etc)?

 

Thank you in advance.

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Yes, I would say that if you had to go to court, that "priority delivery" would be considered equal to "time is of the essence".

 

Time being of the essence is only really useful if you want to cancel the contract because it gives you grounds to do so.

 

Can you claim? – Yes you certainly can. However, you properly have to go to court to do it – but this would be worthwhile because I think you would win and also SCS need a slap.

 

Could you claim for everything that you have listed? Could be tricky.

 

You can claim for anything that is an ascertainable loss. In other words you could claim for the day off work – loss of earnings or loss of holiday. You could claim for the time spent on the phone – meaning the cost of it. The stress and inconvenience et cetera would be more difficult. Judges are very wary of awarding damages these kind of things. The best thing you could do would be to get your doctor to produce a short report confirming that your wife has suffered from pains and strain which would be caused by the awkward seating position.

 

If you could produce this then I think that you could certainly get some compensation. Once again, I think you would have to go to court because I can't imagine that the company will be decent enough simply to compensate you. They don't seem to have that kind of decent reputation.

 

For the pain and suffering I can imagine that you might get a couple of hundred quid. I'm sure a judge would be sympathetic and would want to help you if you had the proper evidence.

 

Of course what you could do now is simply refuse delivery and cancel the contract and then tell SCS that you will only enter into a new contract for the same sofa if they make a substantial reduction to represent your losses.

 

If you do decide that the contract is terminated by their behaviour then you should write to them immediately and tell them that they should not even attempt to deliver because the delivery will be refused. However, the safest thing to do would be to serve them with a two day deadline saying time is of the essence and after that the contract is terminated. You would then have to do pursue a claim for compensation separately.

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I've suddenly noticed that you've been a member here since 2006. That is great news because that means that you are thoroughly familiar with our regular advice to record all calls. This means that you would have recorded all your calls and you will have all of the excuses from SCS either on your phone or backed up onto a computer – which is also as per our advice.

 

This will make life much easier when bringing your claim. Well done. I wish everyone else was like you.

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  • 1 month later...

Not all the calls....but most, thankfully.

 

OK, I'll lay the cards on the table here:

 

My wife didn't go to the doctor's about the back pain but I will look for some sort of evidence to back that claim up.

 

First things first,

shall I get my facts together and send a LBA?

 

Any ideas how to quantify the pain and suffering?

 

And is it purely the cost of the calls that I should claim or my time too?

 

I am keen to get going on this....at last.

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can you show quantum for damages- ie what has wife lost in financail terms by having bad back. Can you show that it was ONLY caused by their actions and nothing else

Stick to what you can prove and win that rather than go off into a massive claim and lose everything because some of it was fantasy

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