SCS Leather suite falling apart

[stumpy77]

We puchased the suite in January 2006 and at the time took the safe option by taking out the protection cover offered through SCS by Guardsman after all we paid a small fortune for it and have a 3 year old capable of anything.

 

At first we were very happy with the purchase but after approx 12 months we started to notice that the leather was cracking and beginning to peel on several panels on the 3 seater. After monitering it closer we decided to get in contact with Guardsman and follow their procedures for a claim. We filled in the claims form as accuratly and as honestly as we could. Several weeks passed before we heard back from them and to our shock they had decided that they wouldnt cover this claim as it appeared to be a defect with the suite.

We were still unsure how best to persue this problem when a couple of months ago the problem worsened . The wearing on the middle front panel had developed into a tear (see pictures above).

 

We are now at the stage of trying to claim through SCS themselves but dont know how to go about it correctly.After coming accross this site today hoping that somebody can assist with the next process or wether we have a claim or not.

 

I presume we should still be entitled to compensation despite the suite being nearly 2 years old. At the time of the sale we were informed that if a defect appeared on the suite and it couldnt be repaired we would automatically recieve a new 3 seater and 2 seater as to keep the colour match of the leather

[gyzmo]

You can either claim for monetary damages (ye olde route) or take the new option of repair / replacement / (partial refund) in that order.

 

Your letter should go something like this:

 

Dear conmen (no, use sir/madam),

 

I purchased a suite from you on [date] at a cost of [cost] along with a x year warranty.

 

on [date] I noticed damage [state what damage is] and contacted Guardsmen. Today i have received a reply (copy enclosed) which states their belief that the suite is defective.

 

You will no doubt be aware of s. 14 of the Sale of Goods Act 1979 (as amended) which states that goods must be of a reasonable quality in term so of, amongst other factors, durability. I am sure that you will agree that a suite of this price, coming from yourselves, should last longer [time in months it has lasted for]. You will also be aware of s. 5A of the same Act which requires you to provide a proportionate remedy that is of minimal inconvenience to myself, your customer.

 

I trust taht the use of the report will not be required as evidence in a court, as I am sure you will make appropriate arrangements for a repair or replacement (or the cost thereof) as required under the Act.

 

Please contact me within 14 days to make appropriate arrangements. A copy of the report is attached.

 

Yours etc,

[stumpy77]

Thanks for your reply .In an ideal world I would either get my money back or a replacement suite. I would feel a little concerned that any repairs to the current faulty leather would soon require attention to the parts of the suite that at the moment appear ok.

 

However I would be just greatful of the problem being resolved.

 

I will get typing a letter out in the morning based around your template

 

Dear conmen (you say) ...thats a good start now for the rest:)

[gyzmo]

You would only get a replacement or partial refund if a repair was not possible. Do let us know how you get on.

[stardust_john]

Looks like the double of my scs sofas, have two 3 seaters corner join, Same colour,cracking and splits. SCS just ignored me, didnt even send me insurance documents and I gave up, more fool me. I'll be quite honest I paid nearly 1400 for mine and the insurance told me didnt cover arriving damaged, firm told me to go to insurance and even though no policy they arrived and made it worse, tearing it underneath. I gave up and have got used to it, though next time would buy second hand and cut stress.

 

Yourself though, give em hell:) SCS treat me like child so dont put up with it.

[stumpy77]

Looks like the double of my scs sofas, have two 3 seaters corner join, Same colour,cracking and splits. SCS just ignored me, didnt even send me insurance documents and I gave up, more fool me. I'll be quite honest I paid nearly 1400 for mine and the insurance told me didnt cover arriving damaged, firm told me to go to insurance and even though no policy they arrived and made it worse, tearing it underneath. I gave up and have got used to it, though next time would buy second hand and cut stress.

 

Yourself though, give em hell:) SCS treat me like child so dont put up with it.

 

Sorry to hear that . This has just reassured me that the first letter has to be straight to the point as gysmo suggests .

 

Watch this space

[stressedbyscs]

Sorry to hear that . This has just reassured me that the first letter has to be straight to the point as gysmo suggests .

 

Watch this space

Be very careful this company know every legal loop hole and will only give what they can get away with - probably a very bad repair which despite their promises that you can reject if you question this it's actualy only their own upholster who can reject their repairs which isn't very likely. They do treat you like a child am having similar problems with SCS and am thinking of taking them to court. Do your legal research very carefully before writing to them and be prepared for a very long battle. I have been arguing for 4 months with them and I think they hope I will just give up and go away. I am very surprised that after a short time as little as 3 weeks your legal rights to a refund or replacement are virtualy none existant- good luck would be interested to know how you get on.

[gyzmo]

I am very surprised that after a short time as little as 3 weeks your legal rights to a refund or replacement are virtualy none existant.

 

Noooo. they are very much in existence!

[stressedbyscs]

Noooo. they are very much in existence!

 

Thats interesting do you know what rights I have to a refund rather than a repair if it wasn't requested within the 3 week timescale? I initially accepted reluctantly they could repair it as they gave me no other option but as they couldn't even get their act together to do that went to citizens advice who told me to push for a refund quoting the sale of goods act which I did and they refused. Many letters and phone calls later we are at a atalemate unless I take them to court which I am quite prepared to do if I have a good case. I have logged all phone calls and kept photos and letters which have been sent to them and I think I have a good case but it would be a lot of trauma to go through if the magistrate ruled in their favour and ordered a repair. I am amazed at having paid so much money they have the right to make you accept a suite with 2 areas of major damage at delivery and a third fault developing very soon after. Would appreciate your advice Thanks

[gyzmo]

Well it depends on the circumstances. Usually to reject goods and get a refund it needs to be done quickly (the more complicated the item, the longer the time is). After 3 weeks I doubt you could reject the goods - you may be able to. Accepting a repair or replacement does NOT mean that you have accepted the goods!

 

If not though, it still leaves the newer system of repair replacement or refund (in that order) which is up to the seller to choose based on proportionateness and inconvenience caused. If a repair isnt possible or expensive, then its a replacement or refund (which in thise case is pro-rata to the usage and enjoyment you have had which is virtually nil). The refund can be gotten if a repair or replacement is refused or has been attempted and not worked.

 

 

To get a better answer we would need more details (and with respect, a new thread as you have hijacked an existing one!)

 

My apologies for my last post - it was very general in nature and did not apply specifically to any set of circumstances.

[stressedbyscs]

Well it depends on the circumstances. Usually to reject goods and get a refund it needs to be done quickly (the more complicated the item, the longer the time is). After 3 weeks I doubt you could reject the goods - you may be able to. Accepting a repair or replacement does NOT mean that you have accepted the goods!

 

If not though, it still leaves the newer system of repair replacement or refund (in that order) which is up to the seller to choose based on proportionateness and inconvenience caused. If a repair isnt possible or expensive, then its a replacement or refund (which in thise case is pro-rata to the usage and enjoyment you have had which is virtually nil). The refund can be gotten if a repair or replacement is refused or has been attempted and not worked.

 

 

To get a better answer we would need more details (and with respect, a new thread as you have hijacked an existing one!)

 

My apologies for my last post - it was very general in nature and did not apply specifically to any set of circumstances.

 

Many thanks for that apologies I am new to this site I will open a new thread

[gyzmo]

Quite OK and welcome to the site