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    • if you wish to put up everything like    your defence claimants WS defendants WS   then im sure those here now and future victims will find it of value   if you read upload carefully you'll see its best to upload each as a separate multipage PDF but ofcourse you'll have to redact each page as a jpg picture 1st before merging each to the relevant multipage pdf .   dx  
    • Thanks I’m happy to put something back ! I didn’t have the courage of my convictions to counter claim even though I was really quite proud of the thoroughness of my court bundle ! i really wanted the opportunity to get into the detail with the judge and felt quite cheated when it ended, but of course I realised that they had just moved on to their next victim  will watch this space 👍  
    • I have created your own topic for this as its import to have it own one but placed a link on the thread you posted on.   you should never counterclaim that exposes you to further cost and rarely succeeds esp if they disc' the claim always best to state in a sep letter you will be seeking costs esp loss of days wages at £90 which most judges allow.   as for an sar, its p'haps always better to issue a cpr 31:14 too or in replacement of, an sar.   well done on your important win
    • My wife has directed me to post on this thread as I have just successfully won against these charlatans   My hearing date was all set at my local court for 31st October 2019 all defence papers were filed and served and frankly I was really looking forward to it! This morning I received a letter from BW legal stating in a one line response that I was to take this letter as a notice of discontinuance whereby the claimant KBT (armtrac) discontinues all of the claim. I am beyond disappointed that I didn’t get my chance to see these idiots across a desk! And that’s it I don’t appear to be able to take this further? I now realise I should of had the courage of my convictions and faith in the advice of others to issue a counterclaim! What I have now in my possession is a file of information which would be Gold-dust to the next person in my position! I feel like I would be able to get some sort of closure if I could pass some of this wisdom on but there are many posters here already and every case is different in its own way The key points in my defence were as follows and useful to anyone ‘caught’ at Sandy Acres. Keep the original parking ticket you purchased and send a copy to KBT with a covering letter ASAP do not identify the driver at any stage of the process!!!!  The blue sign uses the word penalty which is contrary to the IPC codes of practice  The red and white sign has a café open sign in front of it  which obscures it from the drivers view both available to download via Google maps Check the date you receive NTK mine was 71 days Do an SAR and you will get back the pictures of the alleged offence in my case they were of such poor quality you could not tell which way up the ticket was in the photo and in no image they held was there a picture showing the ticket and the vehicle numberplate. They offered no other evidence. Pretty soon you will see the money is being sought escalate until they no longer match the figure on the NTK even if it is sent within 56 days When you see a breakdown of costs for the money being sought it will ultimately include legal costs, typically £60 that the solicitor knows cannot be recovered in Small Claims Court. Personally I am now considering reporting BW legal to the law society or solicitors ombudsman for being party to a process which is fundamentally dishonest, an abuse of process, and a complete waste of court resources?   i am happy to help anyone who needs assistance but rest assured that their case against you relies on you caving in and paying, they have no plan B but will try and make you doubt your ability to defend yourself.   Dont worry about small claims Court, it isn’t crown court, just an office with 3 desks and certainly less stressful than a job interview or meeting with the bank and less at stake.   I got to one week from my court date and they gave up!
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Adele5000

Please help. SCS carpet wrong colour, misquotes, worried about my sofa I ordered - what are my rights?

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Hello forum, I hope someone can help me as I'm feeling quite stressed about my situation. I am stressed at the lack of customer service I've received where people misquote prices and don't seem to care you have a timetable you need to stick to - they're quite happy to mess around with timings and not be accurate enough when they quote timings, they just don't care and they just want the sale. Quick bit of background and then will ask my questions.

 

I ordered a Tamla lazy boy sofa 3 seater and a 1 seater (manual recliners) and was told 7-8 weeks for delivery. I was unaware at the time there was a free carpet offer on. The offer was only for 16sq m of carpet anyway on certain carpets. This is what I'm having issues with. To begin with it was never really made clear which carpet was actually included as 'free' but he seemed happy for me to think the £12.99 per sq m was included. This matter was cleared up on a later visit and I switched my attention to the carpet that was actually included in the offer.

 

The sales rep seemed knowledgeable but when it came to sorting out the carpet, he quoted me something that would only have been confirmed by the guy who came to measure my front room. He had not been given any information about my order, just told to measure the front room and quoted me for the price of a £5.99 per sq m carpet.

 

Anyway, I went back to the store in Dartford twice to decide on the carpet and was told that the carpet fitter was not aware that I had ordered a lazyboy sofa which is why his quote was different to what the store quoted. I'm still not sure I was actually quoted correctly at all. I had opted for the £9.99 per sq m carpet anyway which was included as the free carpet and had to paid the remaining balance. I even took a picture and confirmed it with the same rep as before that that was the carpet that would be delivered. He told me it was called pewter. I have since found out that pewter is not the colour I wanted. I generally don't do colour coordination or know the variations of colours but if I show you a picture and point to the actual sample I want then how can you tell me a colour is pewter when it isn't?

 

The carpet fitter came on Saturday morning - called me at 8 am to say he'd be there in 20 mins - so I'm rushing around to get my boy out the house and left my partner to deal with the fitting. When I came back I saw that the carpet was not the colour I was expecting - I had confirmed it twice in the store, even took a photo and made sure it matched with that I told the same sales rep. as above, he wrote pewter.

 

The problem is, and now my questions: I cannot find anything on the contract about what to do if SCS mess up and have the wrong colour carpet delivered, particularly if the carpet seems to be the £12.99 per sq m carpet not included in the deal. It has now been fitted and even my partner said to the fitters that it didn't look the right colour but they weren't going to not fit it or contact SCS to check for any mistakes. It was really early in the morning and my partner let them fit the carpet, he doesn't mind the different colour but I usually sort this stuff out. If I had been at home then would I have been able to say 'no' to the fitters and call SCS there and then? The fitters didn't seem to care about having the wrong carpet.

 

So, I now have the wrong colour carpet. It's not a major problem but my new sofas will clash and I don't know how SCS could confirm one thing and still get it wrong. I just don't know my rights. I'm ok with a different colour carpet but I don't want to be charged any extra for their mistake if they have given me the £12.99 per sq m carpet.

 

1) Is there anything in law that covers me for the mistake made by SCS meaning I don't have to pay extra if they've delivered and fitted a more expensive carpet? As far as I can see if they have misquoted then they bear the loss because I have already paid them. To add, if it's not the more expensive carpet they've delivered then there really isn't a problem at all and I can just complain that it's the wrong colour and leave it at that and call them incompetent. There is nothing in the contract that I can see that covers this type of event, only matters arising from defects.

 

2) Is there anything in law that covers me for any mistakes made in their quotations for the carpet fitting, underlay and fixings? - I am wondering if I have been misquoted and paid more than I should have.

 

The fitters were supposed to bring 2 gold bars for the 2 doors but they didn't. I also haven't received the rug doctor cleaning kit which I was promised.

 

2) I am now worried about my lazy boy sofas not being delivered on time. If delivery takes longer than 7-8 weeks what can I do about it? It seems futile to complain to head office but is there anything is law that covers me? I'm not sure what this would be exactly.

 

3) I don't know how long I have to inform them of the situation but need to know my rights first. They quote 72 hours for sofa delivery issues but say nothing about carpets.

 

I want to call head office to find out their policy on this but after reading reviews of their customer service I'm not sure I will be given the right information.

 

I will go to SCS today to sort out the rug doctor kit and the gold bars issues. I will tell them I have sought legal advice in case I have been misquoted prices and have been delivered the carpet not included in the deal. I will not be paying any money to them but will ask them to make sure that the tamla lazy boys are on track and again quote that I have sought legal advice in case they are not delivered on time. Until someone can advise me on my rights I will just let them know I am aware of mistakes they have made and will take the matter further if I get any hassle from them.

 

I apologise my writing's all over the place but is anyone able to help me? thank you in advance

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Just a couple of a questions..

 

Did you make it quite clear at the time of ordering that the delivery time was important ?

 

Was the sofa/furniture a special order or from stock ?

 

Have you paid for these items already - if so, how - cash/credit card/debit card/store finance ?

 

It might be a good idea to make a formal complaint to their Head/Registered office.

 

I will try and find someone who can help.


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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.

 

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Not sure why this is really urgent. When someone puts that, it is someone facing a court hearing or being kicked out of their home.

 

You have protection under the Sale of Goods act (SOGA) in regard to your order. What is supplied must match what is shown on the order. If it is not then you have the right to have the carpet replaced at no extra cost. If they supply a more expensive carpet in error that is not your problem. If it is the wrong carpet you have the right to a replacement at no cost to you.

 

Just make a list of the issues and ask what SCS will be doing to ensure they comply with the Sale of Goods act. Advise them that you will be contacting Trading Standards and making use of the county court if necessary to ensure that SCS fulfill the order that you paid for.


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Uncle B, I think the OP is concerned about the length of time they might have in which to make a complaint. However, I will remove the Urgent.


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

 

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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Hi Adele

 

Welcome to CAG

 

How did you pay for the Tamla lazy boy sofa 3 seater and a 1 seater?

 

You purchased some furniture, there was a 'free carpet offer', you were told that the carpet you chose was included in the 'free carpet offer', but they have fitted the wrong carpet which isn't in the 'free carpet offer' and now you have to pay for the carpet. Also two 2 gold bars and Rug Doctor Cleaning Kit are missing.

 

The SOGA 1979 (amended) applies. http://www.which.co.uk/consumer-rights/regulation/sale-of-goods-act

 

The key points are that products has to be, the carpet isn't 'as described', you took a pic, SCS got it wrong:-

 

  • as described
  • of satisfactory quality and
  • fit for purpose

If they said 7/8 weeks and it takes longer, then refer to their T & C's, see if they will offer a small reduction on the price payed for the sofa's.


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14) DOES YOU BANK TREAT YOU FAIRLY BCOBSCLICK HERE

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HEllo all, thank you for your replies.

 

Yes, the matter is urgent to me which is why I put urgent in the title. I don't know the ins and outs of when to use 'urgent' on a forum, just that I needed help as soon as possible because of the unknown timescale for making a complaint.

 

From your replies, I understand that:

 

1) It doesn't matter what I agreed with the sales rep, he wrote 'pewter' on the form so that is what was delivered. I therefore cannot ask for a replacement because 'pewter' was written on the form by the rep. I will still bring up the issue with him to make sure he is aware he made the mistake. Also, I will ask him to verify what the carpet colour should have been (to make sure a mistake was not made with the order from the manufacturer)

 

2) It is no extra cost to me if they have supplied a more expensive carpet.

 

3) I did make it clear I needed the sofas by the date they said - 7-8 weeks for delivery. It was a special order - made to order sofas. I will be checking with them today that the sofas are on track. SCS just don't seem that bothered I may have to wait longer.

 

4) My partner paid by visa debit card for the sofas and I paid on my credit card for the carpet payments. It is not possible to go ahead with orders unless full payment has been made.

 

5) I will make a complaint to their Head Office about both the carpet and the sofas and will be prepared to take it further if the sofa delivery takes longer than expected. I just don't want to be fobbed off and as you can understand, I want to know my rights before taking action.

 

Thank you again for your replies. Hopefully I won't be having any more problems with SCS.

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The pic that you took on your phone, what colour is that? is that 'Pewter'?

 

The good thing is that you paid for your carpet with you credit card, it gives you quite a bit of protection.

 

 

Write a Formal Letter of Complaint, mark it as such. Explain what's happened, how they have let you down and what you want them to do.

 

Send it to:-

 

Mr David Knight

Chief Executive

SCS Sofas

David.Knight@scs.co.uk


Welcome to Consumer Action Group

 

'Challenges are what makes life interesting; overcoming them is what makes life meaningful.'

Joshua J. Marine

 

1) CLAIM BACK ALL PENALTY CHARGES CLICK HERE

2) CLAIM BACK ALL MIS-SOLD PPI CLICK HERE

3) COMPOUNDED CONTRACTUAL INTEREST CLICK HERE

4) REQUEST CCA FROM CREDITOR CLICK HERE

5) OFT- UNENFORCEABLE AGREEMENTS CLICK HERE

6) CAREY V HSBC (2009) CLICK HERE

7) DON'T BE BULLIED BY CREDITORS / DCA's CLICK HERE

8) IN DEBT DON'T PANIC CLICK HERE

9) FULL AND FINAL SETTLEMENT CLICK HERE

10) SALE OF GOODS ACT-EDUCATE YOUR RETAILER CLICK HERE

11) DISTANCE SELLING-EDUCATE YOR RETAILERCLICK HERE

12) SOGA SUMMARY CLICK HERE

13) WHICH? TEMPLATES [/url]CLICK HERE

14) DOES YOU BANK TREAT YOU FAIRLY BCOBSCLICK HERE

15) EVERYTHING HOUSING CLICK HERE

16) UTILITY BACKBILLING CLICK HERE

17) OFGEM - COMPLAINTSCLICK HERE

18) OFCOM - COMPLAINTS CLICK HERE

DON'T GIVE UP, THIS SITE WILL PROVIDE YOU WITH GUIDANCE AND EMPOWERMENT

 

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Thank you Rebel11

 

I am on my way to scs now to say what I have stated above. ALso with the photo to confirm whether the colour is actually pewter or another. The sales rep got it wrong in any case. I will write a formal letter to head office. thanks for your help.

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Let us know what happens so we can advise further.


Welcome to Consumer Action Group

 

'Challenges are what makes life interesting; overcoming them is what makes life meaningful.'

Joshua J. Marine

 

1) CLAIM BACK ALL PENALTY CHARGES CLICK HERE

2) CLAIM BACK ALL MIS-SOLD PPI CLICK HERE

3) COMPOUNDED CONTRACTUAL INTEREST CLICK HERE

4) REQUEST CCA FROM CREDITOR CLICK HERE

5) OFT- UNENFORCEABLE AGREEMENTS CLICK HERE

6) CAREY V HSBC (2009) CLICK HERE

7) DON'T BE BULLIED BY CREDITORS / DCA's CLICK HERE

8) IN DEBT DON'T PANIC CLICK HERE

9) FULL AND FINAL SETTLEMENT CLICK HERE

10) SALE OF GOODS ACT-EDUCATE YOUR RETAILER CLICK HERE

11) DISTANCE SELLING-EDUCATE YOR RETAILERCLICK HERE

12) SOGA SUMMARY CLICK HERE

13) WHICH? TEMPLATES [/url]CLICK HERE

14) DOES YOU BANK TREAT YOU FAIRLY BCOBSCLICK HERE

15) EVERYTHING HOUSING CLICK HERE

16) UTILITY BACKBILLING CLICK HERE

17) OFGEM - COMPLAINTSCLICK HERE

18) OFCOM - COMPLAINTS CLICK HERE

DON'T GIVE UP, THIS SITE WILL PROVIDE YOU WITH GUIDANCE AND EMPOWERMENT

 

Don't forget to donate to this site

 

Please let us know how your problem has been resolved, it could help fellow Caggers

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