SCS faulty furniture

[molly44]

HELP!! My mother purchased a suite for me as a gift and paid on her credit card. It was purchased last december and various faults have developed throughout the year, including the fact that when the settee and chair reclines the base of the furniture scrapes my carpet, which is now damaged as a result.

 

SCS the furniture company want to repair the furniture,replacing with the same mechanism/framework which is obviously not strong enough to hold weight of furniture as it is now bent. I have asked for a refund because there is no point replacing the mechanism with the same one as it will happen again, and also because faults developed with the fabric after only 1 month's use, which they insist is not a fault.

 

My mother has tried to claim from her credit card company under section 75, but they have told her that even though she paid in full on her credit card (£3500) the contract is between me and SCS as it is my furniture.

 

Can someone please advise on the best action

 

Many thanks

 

molly44

 

Edited December 14, 2009 by molly44
copied and pasted too many times!!

[dx100uk]

usless the manu acks that the fault was there at the start [thus being unfit for purpose due to manu fault], then under soga your only course of action is as repair through the retailer.

 

dx

[molly44]

Ok but what about the damage to my carpet :idea:

 

surely I can claim compensation from SCS for that ?

[Maldives Lover]

Hi

 

I'm not sure you'd get a refund after nearly 12 months but I also think the credit card company are trying to wriggle out of liability. You do not have a contract with SCS. You mother (the purchasher) entered into the contract with SCS and by paying for the goods with her credit card means that the card company are jointly liable under Section 75 of the Consumer Credit Act. I would suggest that your mother contacts the card company again and advise them that unless they investigate her request for a charge back she will put the matter in the hands of the ombudsman....after all this time they may still not find in her favour but if the repairs prove to be unsatisfactory then she will still have recourse with the card company, they may also be liable for the damage to your carpet. Link below may help

 

credit cards - issue 31

 

HTH

[molly44]

Hi

Many thanks for your advice. My mother has written back to the credit card company to complain and told them that she paid for the suite but the invoice had to go in my name otherwise SCS was going to deliver it to her house and not mine!!

I have accepted the repair to the suite and SCS are going to give a 12 month guarantee on repair, but if the repair does not work then I will have to take the matter further.

They have asked me to take photos of damage to carpet and send them in- not sure where i stand on claiming compenation for damage??

 

Many thanks

[dx100uk]

well there a two schools to thought here, you should have stopped using it, then it wouldn'thave damaged your carpet! or you couldn't see it was doing it, so where from here SCS?

 

i'd put photo's of the damage in as suggested, i think you might be in luck

 

dx