SCS - sofas won't fit when assured they would!

[special_k]

Hi all,

 

I ordered sofas (one 2 seater, one 3 seater) from SCS all the way back in March. I live in a townhouse so with stairs that go around the corner and explained the situation to the salesman at SCS and he said "I live in the same sort of property and I could fit my even bigger sofas up with no problems". I was also assured that if they don't fit, I could have the arms removed (at my cost) and I agreed and signed the paper work.

 

They tried to deliver this morning, tried for ages and could not even get the 2 seater up. They told me that if they couldn't get the 2 seater up, they can't get the 3 seater up even if I have the arms removed first.

 

I called SCS to find out my options....

 

1) Re-order, forfeit 15% of original price and wait another 10 weeks for sofas

 

2) Order another 2 seater, return 3 seater, forfeit 15% and pay to remove arms.

 

Obviously I'm unhappy about the whole matter to say the least. We were assured they would fit that structure of house/stairs. All our other furniture fit with no problems. These sofas appear to be exceptionally large, the delivery drivers complained that they had struggled with all their deliveries that morning.

 

IN ADDITION, they damaged my banister while attempting to take the sofas up.

 

I cannot wait another 10 weeks and I want a refund so I can pick something up elsewhere.

 

What I want to know is, what are my chances of getting a refund? It's not as if I have just changed my mind - I do want the sofas, but obviously in the living room!

 

How do I go about getting a full refund and getting paid for the damage to my banister?

 

thanks in advance

[gyzmo]

Was it on credit?

[special_k]

Was it on credit?

 

All on debit card

[gyzmo]

Not a problem. Basically a term has been implied into the contract. That term being the ability to get the sofa into the house. you advised of the situation, were given assurances taht it would not be a problem. This has turned out to be untrue.

 

Write to them along the following lines.

 

Dear Idiots

 

Purchased sofa from you on [date] at [store] for [price].

Before agreeing to buy I explained to the salesman [name if known] in detail that the furniture would need to be taken upstairs round a corner [continue with detail of facts of teh conversation - dimensions etc].

 

Following assurances from the salesman that this would not be a problem (and on agreeing to pay extra for arms to be removed just in case) I purchased the sofa.

 

Upon delivery, your staff could not fit the sofa up the stairs, and said that even if they did take the arms off it would not fit. In the process of moving the furniture, damage was caused to my bannister.

 

Upon calling yourselves afterwards I was told I only had two options [mention what they were]. This is completely unacceptable and a breach of the agreement and teh Sale of Goods Act 1979 (as amended).

 

I made it known of the conditions and was given assurances upon which I made a purchase decision (and indeed paid extra). It is therefore quite clear that you are in breach of s. 14(3)(a) of the aforementioned Act. Furthermore, your staff are in breach of the duty of care in that they damaged my property. You state that your delivery drivers are professionaly trained, and I am sure that you are aware that such care needs to be carried out to the standard that you purport to have. the damage caused is evidence that your staff did not meet this standard, thereby creating a breach of common law duty and also a breach of s. 13 of the Supply of Goods and Services Act 1982 (as amended).

 

As such, I expect that you will fulfill your contractual and statutory obligations by either replacing and delivering the sofa (at no extra charge seeing as I have already paid for this) or provide a FULL refund. Further, I expect compensation for the damage caused by the negligence of your staff when delivering the sofa.

 

I trsut that you will avoid the need for me to initiate court proceedings and that you will provide me with the excellent service that SCS upholds itself to. Failure to do so will result in litigation including, but not limited to, costs and damages.

 

I trust taht this will not be necessary and look forward to your confirmation.

 

Yours etc etc.

 

 

You might want to amend the wording and include paragraph breaks and your own description of what has happened. the 4th paragraph from last (which explains the breach of legislation etc) is the most important one.(and check for spelling / typos). But taht is essentially the situation. If you do threaten court action, make sure you are willing to follow it up.

 

do let us know how you get on and good luck.

[special_k]

ah wow gyzmo, you really are a star

 

Thank you so much! I will let you know how it goes.

Edited May 22, 2008 by special_k

[gyzmo]

your welcome and good luck. BTW - the bit about it being on credit was just that you can pursue the creditor as well in most cases.

 

And I take it that is meant to be a smiley face and not a sad one?!

[special_k]

your welcome and good luck. BTW - the bit about it being on credit was just that you can pursue the creditor as well in most cases.

 

And I take it that is meant to be a smiley face and not a sad one?!

 

Lol yes it is!

 

I posted this on MSE and I got only negative responses saying it was my fault for not taking measurements myself.

[gyzmo]

That could be an issue - normally you would have to specify such things.

 

The main thing is though that you gave te description and were given assurances. I don't think the lack of measurements should pose too much of a problem.

[6889joannew]

hi all, im sort of in the same position i paid a deposit for a 2 seater and a love chair then paid the rest three days before it arrived and today it arrived well i was also reasurred by the sales person that it will fit as i gave all the sizes and measurements to him and the way that when you walk in my front door u either go left straight into the front room or u go up right to the stairs.

Well they have delivered today and dont fit through me door.#

I have been told i have got 2 options(because they have now taken this back to the yard)

option 1-pay to have my front window taken out £300+(cant do this as its a wooden frame and i can just imagine the things what will happen if it was taken out)

option 2-pay £135 so they can cut the settees in half to fit through me front door(HELLO I DONT THINK SO) imagine how fragile the settees will be if this is done.

What are my options have i got a case?

Can they really only give me 2 options?(because i dont want to do either)

I just want my money back now have i gt a chance of this.

I have told them i am getting in touch with trading standards and watchdog but they dont care.

Are they breaking any laws on this?

Or is this just a lose lose situation for me?

Many thanks guys i hope u can help me ressolve this issue

joanne x

ps Can i use that letter in my case which is in an above post?

[gyzmo]

See my letter above and adapt it. The OP has not got back to us yet on this so don't know if it has worked or not, but I would certainly write something similar (oh hang on, I did write it!)

[stardust_john]

Did you realise SCS was in administration according to the gaurdian online news. Apparantly they have been bought out by an american firm. Apparantly 3000 jobs were at risk and theyve been saved by this firm. Hopefully that means their customer service might have a hope of improving, maybe. I persoanally if ordering from them would only use credit card in future just in case, my personal opinion of course from previous experience of another company in admin.

Edited July 3, 2008 by stardust_john

[Prolix]

Bump

[gyzmo]

Maybe another hit and run poster...

[special_k]

Maybe another hit and run poster...

 

Oops, I'm sorry - I thought I had given an update. I ended up paying for an upholsterer to come in, take the arms off and put it back together again. With me working out of town all week, this was the easiest option.

 

They managed to scuff one of the chairs during the process and are either going to have the scuff removed or replace it if they can't remove it. It is so small that it is not worth the hassle of having them replaced.

 

It has been a long process partly because of me because I work away from home so frequently. If I had been back home, I'd have been more likely to fight but I have my chairs now and I do love them

 

[gyzmo]

Glad you got back to us!

 

You can still chase up your claim for the money it has cost. I certainly would!

 

But glad its in and that you like it. Looks rather inviting!