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ScS want me to take damaged sofa *** RESOLVED ***


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Hi

I had a sofa delivery date for last saturday after waiting 14 weeks.

 

Delivery men unloaded it and hallfway through putting it together I noticed a spilt in the leather back cushion.

 

I pointed this out to them and told them I wasn't signing for it and to put it back on the truck.

 

They tried telling me that as it was a saturday they couldn't leave me without something to sit on

even though my old sofa was still there!

 

Eventually they reloaded the truck but

 

5 minutes later knocked my door and informed me that the store manager insisted I take the sofa.

 

Again I refused and off they went.

 

within minutes the store manager phone me and asked what the problem was

and I explained it was damaged,

he said I should have taken the sofa and he would have come to my house to inspect the damage himself

as that was the store policy.

 

I told him I didn't want to sign for damaged goods but he then pretty much suggested it was my fault

and that he was going to look at the sofa himself on monday and contact me

if he thought it was a manufacturing problem or not!

 

Tonight I received a phone call from the store, (not the store manager)

who said they would send out the damaged sofa for me to use whilst they reorder another

as it will take another 12-14 weeks.

 

Do I have to accept this as I really dont want anything to do with this company any longer?

 

any advice would be helpful x

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Don't accept it.

 

You have rejected it and you must stick to that. You are under no obligation to accept damaged goods. You are protected by the Sale of Goods Act.

 

You have done very well so far. Most people would have allowed themselves to be browbeaten into accepting it - and that would have been the beginning of a sorry tale of woe.

 

I would be very worried about this company and I would consider disengaging form them altogether.

 

I exepct that they wanted you to take the sofa so that they would not lose the contract. By rejecting the sofa, you are in a position where you can reject the contract if you wish - although you will have to do that quickly. Otherwise you will have accepted the delay.

Which company is it?

Edited by Conniff
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Put everything in writing. Did you take any photos of the damage? A shame if you didn't.

 

Even if you speak on the phone - you must confirm in writing and keep copies.

Send them a letter and tell them what has happened and that you have decided that the further delay is too long. If they cannot get you a sofa within 7 days then the contract is at an end and you want the return of all money.

Get this letter to them today.

I think that you have to give them a reasonable time to sort it out. 7 days is good enough.

Stick to your guns

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The company is ScS (Sofa carpet specialists), always advertising on TV. Just wish I had done my homework first and researched them!.

They called again this evening and asked me when I wanted the sofa delivered and I told them I'm going for a refund and had sent a recorded letter but they said I didn't stand a chance as it was a no cancellation contract so I'll just see what happens next.

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You are within your rights to reject damaged goods (sale of goods act)

 

This has all taken place over the phone

 

I would try writing to the head office stating that the store are attempting to pressure you into accepting delivery of a damaged sofa, that you have rejected the damaged sofa before it was taken into your house. You could offer to store the damaged sofa for a period not to exceed xx weeks for the sum of £xx per week.

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Hello Woodburner,

 

I work for the ScS Online Team and would really like to help you with this matter.

 

Please could you visit our 'ScS Customer Support' Facebook page or our @ScSCustomerCare Twitter page where I will be able to assist you further.

 

Many thanks,

 

Kate, The ScS Online Team

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SCS rep, can you please read your private messages - the link is at the top of the page where you would log in !

 

If for some reason you have this switched off - you need to contact

 

admin@consumeractiongroup.co.uk (no spaces)

 

we need to ensure that official reps are indeed official and have the permission of their own company to post.

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I paid an deposit of £250 on my debit card and the rest was on 12 month finance for a total of £2000. I've sat and written a letter to head office and copied Barclays Finance and the store into it and I'll send all 3 tomorrow recorded delivery. Makes me so effing mad that these people think they can dictate to buyers the way they do.

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What can you do if goods don't match their description?

 

 

If goods don't match their description and you have only had them for a very short time and not used them, you should return them to the seller and claim a refund.

You can do this regardless of where you bought the goods, for example in a shop, on the internet, or from a catalogue. It also doesn't matter whether you bought the goods from a private seller or from a business.

You should say that the goods have been 'misdescribed' and you would like a refund under the Sale of Goods Act.

If you've had the goods for a while, you may have lost the right to a refund, but you can still ask the seller for a repair, replacement or some of your money back.

The law says that any goods you buy from a trader must be:

  • of satisfactory quality
  • fit for purpose
  • match any description given.

If they aren’t, you normally have the right to return the goods and get all your money back. This is called a full refund.

This right only lasts for a very short time after you buy the goods. You’re allowed a short time to examine them and try them out, but you must tell the trader about the problem as soon as you find out about it.

If the trader won't give you your money back

 

 

If you think you’re entitled to a full refund but the trader offers you a repair or replacement instead, you don’t have to accept it. However, you may want to think about whether it might be easier or more convenient for you to do so.

You could also try suggesting alternatives yourself. You should think carefully about whether there is an alternative solution which is acceptable to both of you. Weigh up the advantages and disadvantages of each option and be realistic about what you are willing to accept.

Sometimes a trader will say that they won’t take goods back after a certain time period has gone by. However, if there’s something wrong with the goods and you haven’t accepted them, a statement like this won’t be legal. The trader could be committing a criminal offence under the Unfair Terms in Consumer Contracts Regulations.

If you can't come to an agreement with the trader, you may need to make a more formal complaint.

If you bought the goods on credit or by credit or debit card

 

 

If you bought the goods on credit or by credit or debit card, you may be able to get your money back through special rules called equal liability.

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Hello Woodburner,

 

I do hope your problem has been resolved by now, however if this is not the case, could you send me your account number and post code so I can look into this for you and find a solution.

 

Many thanks,

 

Kate, The ScS Online Team

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Kate-SCS team. Could you please provide a dedicated email address for the OP to send private details to.

 

Obviously they cannot be posted in a thread and there could be a reason why the OP is unable to send these by private message (insufficent posts/priviliges). :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Woodburner, if you have indeed managed to resolve this on your own, would you please let us know :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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update:

Thanks everyone for your replies. I sent out 3 letters on saturday to the finance company, the local store and head office. I got a phonecall on Monday from the store excepting the refund and I had a call today from the finance company confirming it too. They will send it all in writing to me and my refund from ScS has just hit my account so I'm chuffed.

It just goes to show that bulling customers doesn't always pay off if you put the time and effort in to it!!

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update:

Thanks everyone for your replies. I sent out 3 letters on saturday to the finance company, the local store and head office. I got a phonecall on Monday from the store excepting the refund and I had a call today from the finance company confirming it too. They will send it all in writing to me and my refund from ScS has just hit my account so I'm chuffed.

It just goes to show that bulling customers doesn't always pay off if you put the time and effort in to it!!

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So this is now resolved, yes ?

 

I will amend your thread title to show this.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 8 months later...

I have to take SCS to claims court...as Helen froM SCS is not capable to do anything about a complaint ? SCS wont even take the sofas back !...no response whatsoever.i,ve had the sofas only since beginning of October (last month)I TOO PAID £200 DEP.THE REST ON FINABCE TO "CREATION"..I HAVE EMAILED CREATION..& SENT PHOTOS ETC. SEE WHAT THEY CAN DO ?

Edited by Houghton
SPELL MISTAKE
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What was wrong with your sofa Houghton? Don't bother with the Scs messages you get on here, I think they are automated messages and no help what so ever when you reply. I never even got a responce from Kate! Sadly I did my research on Scs after I'd paid my deposit like you but don't give up, stand your ground!

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