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    • As per 'post 20' you mention you do not file a defence so I entered defence to follow, should I have left blank??
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Hi, Just wondering if any one can clarify my situation. 

 

I bought a sofa from SCS on the 13 July 19 with a lead time of 8 weeks. 

I told the salesperson that ideally it will need to be sooner than that and he wrote ASAP on the form and said that it should be with me within 6 weeks. 

 

Fast forward 12 1/2 weeks, we have decided to move home, the sofa is still not here. 

No call telling me that it had been delayed so my better half and I have decided that we no longer need it as we have found another. 

 

When I phoned up to cancel I was informed that it is now ready to deliver,

I told them I no longer require the sofa and I believe that after reading the back of the contract I am well within my rights to cancel.

 

Clause 6.2 states that If we do not deliver your Product within the estimated lead time plus 4 weeks(the Delivery period) then you can cancel your order in the following circumstances:We have refused to deliver the products; delivery within the delivery period was essential (taking into account all the relevant circumstances); or you told us before we accepted your order that delivery within the deadline was essential.

 

I stated that I would require the sofa ASAP and that was written on the contract in the Customer Earliest Take Date,

I am assuming that I am correct in my assumption and I can cancel the order,

but just want to clarify before I speak to the sales manager tomorrow when he calls me.

 

Thanks In Advance 

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Yes, on the basis of what you tell us, you are well within your rights.

Did you buy the sofa online or at their shop?

 

Incidentally, you should make sure that your cancellation is sent to them in writing – by email and also a follow-up letter – do that today. If you have any phone calls with them then you should read our customer services guide first and implement the advice there.

You are wandering into the kind of territory where you may agree things on the phone which are then later denied

 

Also, is it a stock sofa or was it made-to-measure in anyway?


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Hi BankFodder. 

Thanks for the reply.  

 

My wife and I bought the sofa direct from the shop but as it was not in stock we were told that it would take up to 6 weeks to be with us as it was coming from Italy, but the guy had to put an 8 week lead time as that was standard

 

. It was not made to measure as it is a standard size but it did have to be made

 

.  I will send an email now to back up my cancellation. 

 

Again thanks for the reply

 

dan

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how did you pay? use the banking code to get the refund if SCS dont want to refund.

 

Now the "time is of the essence" clause is difficult to use, even though they ahve it in writing in their terms but as it is now past their time plus the delay added on bit they dotn ahve any reason to complain.

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