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Can anyone confirm if I am entitled to 14 days to change my mind once I have signed up for a sofa from SCS?

 

Their terms and conditions state 

"You will not have the right to cancel the contract once delivered"

 

I cannot find anything in there about cancelling before 

I ordered it not Sunday just gone but the one before on Finance (we have a loan agreement) and something has come up now where I am no longer in a position to receive it

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yes you can cancel any contract within 14 days. called the cooling off period

there is also the 14days short term right to reject after you received the item and find it's not as advertised as you could see the finished product until delivered.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you so much

 

I have just called the customer service line and was told that I can only 'change' the order within 7 days, I am not allowed to cancel.

 

I did think this was a bit odd. 

So even with the loan agreement in place, I am entitled to cancel? I just want to make sure before I got back to them

 

Would it also be advisable to go to the store tomorrow with it in writing do you think?

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Just to qualify – as long as it's not a made-to-measure sofa or in some way modified specially for you.

You should be recording your calls. You shouldn't be doing this kind of thing on the telephone without having the evidence of the conversation – both sides – particularly that they rejected your cancellation of the order.

Also you should write to them – refer to the telephone conversations that you've had and the fact that they have refused and point out that this is contrary to the distance selling rules and that you are asserting your right to a 14 day cooling off period.

Don't forget, that if the sofa is at all modified for you or made-to-measure then you don't have this right

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Hi and thank you for your advice.

 

No, nothing out of the ordinary and nothing made to measure.

 

I have put something in writing which I will hand deliver to the store tomorrow and I have also emailed them stating I have been told that I cannot cancel.

 

They are getting someone to call me back this evening apparently so I will check with them again.

 

Thanks again. I was having a sweat then as I really have changed my mind about this particular suite. I could see myself stuck with it! 🙄

 

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IMHO i wouln'td touch SCS with a barge pole simply because they are SO useless at customer service and ALWAYS giving the customer the wrong legal advice on just about everything.

 

sadly as has i think has been revealed here ??, each store gets a hefty commission for selling these 'mass produced'  items and its not in their interest to let customer escape their clutches.

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Well their customer service was supposed to call me back before the store closed at 8pm and they haven't called 

 

I've emailed 2 different departments and have had responses saying they will get back to me in 3 working days and the other in 5 working days

 

If I have sent it in within the 14 days does that still count as a cancellation in time? Even if I haven't had a response?
I will still go into the store tomorrow with it in writing, just in case! 

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dont worry 

you've cancelled

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi, I have just had a call with the branch manager who states that this is a custom made order (cos I chose a 2 seater and a 3 seater - not given specific measurements) 
He also said that if I ordered online I would have 14 days, not if I order in store

I didn't get to record the call


He said the contract I signed which I didn't get to read states they do not accept cancellations as per their terms and conditions - the only thing I can find in the terms and conditions is where it say I have no right to cancel once delivered

Terms and Conditions.pdf

 

he also said if I cancel I have to pay in full

Edited by Fringer
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Well do you agree with him that it is made-to-measure?

Anyway, if they haven't been delivered then surely you are within the terms of the contract to cancel anyway.

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He said because I chose a 2 seater and 2 love seats, these are made to measure, custom made for me?
 

I chose the standard sizes, nothing out of the ordinary which could be sold again

 

6 minutes ago, BankFodder said:

Anyway, if they haven't been delivered then surely you are within the terms of the contract to cancel anyway.

 

I would have thought that but apparently not. He says I signed to agree to not being able to cancel as per their terms and conditions, but I cant see anywhere where it says I cant cancel unless it's after I received them?

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They haven't been delivered yet. What is the delivery date?

Have you now written to them and cancel the order? You should have done this already.

Have you got full images of everything that was ordered – and also images from their catalogue to show that they are identical.

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The delivery date is mid August, haven't been given an exact date yet.

 

Yes I have put it in writing. I emailed a copy yesterday and I am taking a copy in to the store today. 

 

The store manager said they do not accept cancellations at all. 

I have an email from them giving the exact items and yes they are the exact on the website. I haven't ordered anything out of the ordinary, but he said they are being made to my order. This he calls 'custom made'

 

 

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Well in any event, according to you there is a term of the contract which says that you can't cancel after it has been delivered. This means that you can cancel before it has been delivered.

Maybe you could post up a copy of the terms and conditions – or at least provide a link to them.

Have you contacted the finance company?

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I attached the terms and conditions in a post up there ^ but have attached again.

 

This is what I have agreed to 

Terms and Conditions.pdf

Screenshot_20200704-105628__01.jpg

 

It says I understand I can amend my order upto 7 days and you do not accept cancellations as per your terms and conditions, but the terms and conditions don't state anything, only can't cancel after delivery or am I reading it wrong?

 

18 minutes ago, BankFodder said:


Have you contacted the finance company?

 

I haven't yet as the manager said they will want paying in full if I cancel the agreement with the finance company

I need to know where I stand before I contact them 

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By the way, have we clarified that this is a distance purchase? Did you purchase this online or in the shop?

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I'm afraid that changes everything.

The cooling off period only applies to items which are bought at a distance – online, telephone or by a visit to the salesperson to your home.

I'm afraid that this is something we should have asked at the outset and I don't know why we didn't. We assume that it was an online purchase.

I'm afraid that they are right, you are not entitled to cancel. You don't have the benefit of the cooling off period.

I'm sorry – because I think we have wasted your time on this thread – but luckily we have finally got round to asking what kind of purchase it was and I now understand that we have been incorrectly advising you.

 

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The only thing I can advise now is that you are obliged to accept it and when it eventually delivered, you should check it very carefully for any defects and also monitor it afterwards to see if any defects occur – and if they do then you should report these to the shop immediately. It would be a ground for rejecting the item if a defect appears within the first 30 days. If a defect appears within the first six months than they would normally be entitled to one opportunity to remedy the defect – and after that you would be entitled to reject the item.

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I am sorry for wasting your time.

I am amazed though that nowhere in their ts and cs does it state I can't cancel before hand and this is what he's going on. 

 

Thank you anyway 

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Don't worry, you haven't wasted our time – we know enough here that we should have thought to ask you about this. Our mistake.

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