£3k sofa SCS no cancellation policy - given wrong measurements?? **cancelled**

[sam2811]

Hi can anyone please give me some advice yesterday after a long debate i purchased a sofa from SCS. When entering the store i told the guy i wanted a corner sofa and had 2x3m to play with. The guy had a tape measure and told me it would be 2m30cm on one side i decided the extra 30cm was ok as there was the room but that was my limit.

 

It was a kind of make your own sofa with diffent types of seats etc not just one piece. i decided to go ahead and took out £3169 on finance, when i got home i decided to go online and right down every measurement get an exact number as i couldnt remeber exactly what he had said only roughly 2m30 and see wher it would go in my room.

 

The measuements online are different by 20cm making it 2m50cm and too big. i called today to say can you clarify the measurement for me, they have clarifyed it is infact 2m50cm but are arguing that is what i was told - if i was told that i would not have purchased as i no it would not fit i no 100% i was not told that.

 

They have a no cancellation policy and state that u can only change things within first 7 days. but surely if i was told the wrong infomation i can cancel? however it is my word against his as he is not owning up to his mistake, they are ringing me back tomorrow but im not hopeful from my previous converstation.

 

What are my rights?? are you not entitiled to a cooling off period anyway? please help this is a great deal of money to me and a sofa that will no longer fit in my room!

Edited December 31, 2013 by citizenB
spacing for easier reading

[Peterbard]

You can always cancel the credit agreement I believe, the agreement to supply the goods would be cancelled along with it.

 

http://www.bis.gov.uk/assets/biscore/consumer-issues/docs/c/10-1053-consumer-credit-directive-guidance.pdf page 49

[Stigman]

You need to read through your Credit Agreement and read through where it states "Your right to cancel this agreement".

 

Their is a time limit and this must be done in writing, send via recorded/special delivery, keep a copy of the letter sent as well as the Royal Mail track and trace receipt.

 

Stigman

[Peterbard]

Yes indeed,

however even if there is no mention in the agreement you still have the right of withdrawal,

 

this has been in force since Feb 2011,

 

just in case they show you old paperwork.

 

They cannot " contract out" of a statutory requirement of course.

[sam2811]

It states that I have 14 days to cancel the credit agreement but says this will not cancel my goods. What would scs do about that? Scs says I can not cancel but I can change it in the first 7 days that is all.

[Peterbard]

I can only say what I would do in this situation.

 

I would cancel the credit agreement, they will undoubtedly say that you cannot cancel the agreement for the purchase.

 

I would then say that I do not want, and that in fact the goods are not what I was led to believe.

 

If this is a deferred credit agreement they will undoubtedly be getting a kick back from the credit supplier so they are not going to like you cancelling, worse case scenario is that you offer them a monthly payment on the retail price of the goods, not the agreement price.

 

You may find that you have to play hard ball and stick to your guns but IMHO you will win out if you do.

[citizenB]

If this were me, I would be sending a letter to the Finance company. Advise that you were given incorrect information. The items will NOT be suitable for your home. You wish to cancel the finance. Send a copy of that letter along with your cancellation of the furniture to SCS. Send the letters to Head office/Registered offices, although you could also hand deliver a copy, cancelling the furntiture, to the Store where you placed the order to cover all bases. Make sure you send either Recorded or Special Delivery. I would be investing the extra and sending Special Delivery.

 

If they make any attempt to deliver the furniture, you should refuse the delivery.

 

Please update your thread with any responses

[citizenB]

This isnt a custom built item, is it ? The items are in stock, yes ?

[sam2811]

It is cuStom built :-/ however it's still not what they told me it was? I spoke to someone earlier and she did say she had a message to cancel the order however the manager was busy and ring me back to discuss it. Waiting for the fone call so fingers crossed!

[sam2811]

It's been cancelled thanks for all the advice luckily I don't need to take it further

[Peterbard]

Great, as well to double check the credit agreement is indeed cancelled though

[citizenB]

This is excellent news.

[Purpleflowers 2]

Awww well done and wonderful advice from the posters on here