ScS Stating I cant cancel. **RESOLVED BY SCS**

[Clar70]

Hi I am new hopefully someone can help.

We bought a sofa from SCS and below I have placed a timeline of events. 
 

Timeline of events

13/01/2020        Ordered Keswick 2 & 3 seater sofa & care package from SCS Cribbs Causeway

                                Total Cost £1548.98 (including care package)

                                Deposit of £150 paid by credit card

                                £1398.98 taken on finance 

 

18/02/2020        Sofas delivered

                                On inspection 3 seater sofa faulty (hole in rear upholstery)

                                Photographs taken by delivery driver

                                Rejected as faulty however advised to retain sofa

                                Advised by delivery driver SCS would be in contact

 

24/02/2020        Due to no contact from SCS, SCS contacted

                                Advised to send photographs of fault

                                Photographs emailed to SCS

 

26/02/2020        Email received from SCS confirming receipt of photographs

 

16/03/2020         Telephone call received from SCS representative offering replacement however the Keswick range was now discontinued, advised to visit store to choose alternative.

 

16/03/2020        Visited SCS Cribbs Causeway        

                                Order replacement sofas (Alexander 3 & 2 seater)

                                Total Cost £1543.98 (to remain on current finance agreement)

                                12- 14 week delivery time so delivery would be 8th to 22nd June 2020. SCS man then put underneath ASAP. He also put ASAP on a line that states customer signature.

                                On delivery faulty Keswick sofas would be removed by SCS

 

23/03/2020        Government imposes lockdown restrictions due to COVID 19 

 

25/03/2020        Email received from SCS stating that due to Government restrictions,  Stores closed and deliveries halted. This was also impacting suppliers but before the closedown orders were  in a planned production Schedules and updates would be given.

 

21/04/2020   13:31     Email received from SCS stating Deliveries suspended and stores remain Closed. Then same email states the ordered sofa was now in stock. So my order was made during lockdown? And received in a warehouse..during lockdown against government advice?? How this is possible I don’t know considering we were in lockdown a week after order and only essential workers were travelling out to work at the time. (unless SCS sofa manafactures took their work home) 

 

 21/04/2020   16:16     Further email stating deliveries suspended. Government guidelines are impacting their suppliers which included production delays. (So now my sofa isn’t in stock) they go on to explain a list of thing their doing with the supplier with regards to our order.

 

14/05/2020        Email received from SCS Re stating delivery will be resuming from 20/05/2020 and expecting distribution centres to be operational from 27/05/2020. My product is now in stock again..and I may receive a call for delivery??(I thought they And suppliers were on lockdown during April/May)

 

18/05/2020        SCS contacted via telephone requesting cancellation of order

                                Advised regional manager would be in contact with 48 hours to authorise cancellation 

 

20/05/2020        Telephone call from Jack (a sales manager)

                                It was explained that I wished to cancel order and following a further call was informed I was unable to cancel the order

                                Telephone call to Kim customer services, lodging a complaint, advised Mike Area manager would be in contact refused surnames stating data protection. 
 

20/05/2020. email sent stating wanted to cancel contract and for faulty sofa to be removed.
Stated that under their own terms and conditions I could do this under 13.5 of their own T&C .

 

22/05/2020        Email received from SCS stating their suppliers production and delivery schedules are restarting, deliveries to distribution centers is SCS in the next few weeks. Now delivery teams are back in action they will let’s us know as soon as they receive our product. So now it’s not in stock...wish they would decide. 
 

27/05/2020. called SCS customer service stating again I wanted Faulty sofa removed and contract cancelled. Under the T&C this can be done 13.5 states this: 

 

Quote

 

Events outside our control

a. We will not be liable or responsible for any failure to perform, or delay in 

performance of, any of our obligations under the Contract that is caused by an Event 

outside our control.

 

b. An Event outside our control means any act or event beyond our reasonable 

control, including (but not only) the following:

• strikes, lock-outs or other industrial action by third parties;

• civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war 

(whether declared or not) or threat or preparation for war;

• fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural 

disaster;

• failure of railways, shipping, aircraft, motor transport or other means of public 

or private transport; or

• failure of public telecommunications networks.

 

c. If an Event Outside Our Control takes place that affects the performance of our 

obligations under the Contract:

• we will contact you as soon as reasonably possible to tell you; and

• our obligations under the Contract will be suspended and the time for 

performance of our obligations will be extended for the duration of the Event 

Outside Our Control. Where the Event Outside Our Control affects our delivery 

of Products to you, we will arrange a new delivery date with you after the 

Event Outside Our Control is over.

 

d. You may cancel the Contract if an Event Outside Our Control continues for longer 

than 4 (four) weeks and you no longer wish us to provide the Products. Please contact 

us to do this. We will only cancel the Contract if the Event Outside Our Control 

continues for longer than 4 (four) weeks.

 

 

corona virus lockdown has continued past 4 weeks. So I can cancel Can’t I ? 
 

advice would be greatly appreciated ..hope I’ve covered everything.

 

[dx100uk]

as the org item was faulty and the same finance agreement is being used

- it was within 14 days.,,, you can cancel under your short-term right to reject.

 

 

[BankFodder]

Was this a standard sofa or was it made-to-measure or in some way customised for you?

I don't know if you looked around the forum for stories about this company – but you should do and it will put you off dealing with them in future. We hearing a fairly standard kind of story.

You were right to reject the sofa immediately – wrong to hang onto it.

Also, you have been making lots of phone calls without recording your call. Please read our customer services guide – implement the advice there and follow it at all times.

I expect that if you are prepared to make trouble for this company that they will eventually back down – however, I'm afraid that my view is that you have weakened your position by instead of insisting on the rejection and the termination of the contract at that point, you went on to give every indication that you were prepared to continue dealing with them for a different item. In contract terms, this means that they proposed a variation of the contract and you agreed – and not only that, the delivery date was up to 22 June – and of course that delivery window still wide open.

 

The virus crisis is certainly an event outside their control – but I don't think you are entitled to take advantage of the four-week cancellation clause because the completion date for the contract is not until 22 June. I would say that the four-week runs from then.

I'm afraid that because you've been so accommodating to them, you have rather sacrificed your rights in the matter. As I have suggested, if you want to make trouble then they might well back down – but I think that you are on shaky ground – as much as it pains me to say it

 

 

[Clar70]

Hi thought I would update you.

 

Thanks for the replies.

the Manager called a few days ago and honored the cancellation and stated we would have a full refund of everything paid.

This was sent in writing to us as well.

 

They are picking up the faulty sofa we have and contract is now cancelled.

it was cancelled under the 13.5 clause circumstances beyond their control lasting longer than four weeks.

He confirmed our replacement sofa was not even made yet and was still on a schedule.

Really pleased 

 

[BankFodder]

Well done. Good result and a very responsible approach from this company.

Thank you very much indeed for updating us – many people never come back – so it's nice to know what has happened and maybe it will help others