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Hi All,

 

I visited SCS on Sunday 4th Oct with my mother, we just wanted to look around and get an idea of the sofa she would like in her living room. Shortly after entering a sales rep approached us and recommended some sofas which would be good for my mothers back, i told him we were just looking and didn't want to commit to anything that day. We also made him aware we would need it by November or before Christmas at the latest as my mother is expecting her first grandchild in November, which is why she is wanting to redecorate the room.

 

The rep then went on to the topic of finance and how we would be paying for the sofa if we were to get one, and as my mother doesn't have the best credit he said he would do a finance check in my name. However when doing this he lied about a number of my details such as my earnings being £2,500 (its actually only £500 a month), and my job role stating i was a store manager. This obviously made the financial check successful. Both me and my mother suffer anxiety and felt pressured into signing his tablet, i have never taken finance so was not entirely sure what i was signing as we were shown no terms and conditions.

 

Upon leaving the store i received an email with the conditions attached, and the cost of the sofa, which we thought was going to be £1600, and with all the extras ended up coming to £2700! the sales rep never told us this, just that it would only be an extra £3 a month to add them on. If we had known the terms and the price we definitely would not have signed for the sofas.  To make matters worse he said he would try his best to get it to us before Christmas... however it seems as though it will not be ready until January so it is no good to us as she is desperate for one before this. 

Upon arriving home we called back immediately , but were directed to head customer service, and when they tried putting us through to our store they were unable and said we would get a call back in 24hrs, this did not happen so we called again the following day and were told the same thing. It wasn't until Tuesday my mother received a call back, however because she was driving she was unable to answer and so missed it. Once again having to call back and getting told the same thing, to wait for a call back from store, however this time she asked whether there was at time limit in which cancellations can be made. The young girl on the phone said it is usually 7 days. We are now on Friday and the past 2 times she has tried calling they have just hung up, we have 2 days to try and cancel this but it doesn't look like we will get through to them in time. 

I am just wondering if i could have some advice upon what to do as the terms are not clear about cancellation, and my mother is not a well person, she cannot afford the £2700.

 

Thank you for you time.

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Hi and Welcome to the Forum.

 

Please read the following.

 

https://www.mylawyer.co.uk/your-right-to-cancel-a-contract-for-goods-or-services-a-A76076D76927/

 

Andy

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Please can you tell us the dates of the sale and the dates of the attempted cancellation.

 

Send them an sar immediately

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Quote

I visited SCS on Sunday 4th Oct with my mother

 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Thank you for the quick reply :) I appreciate it! 

we placed the order in store on the 4/10/2020,

we then tried to call and cancel that same day, and again the following day,

the office we kept getting through to said they could only leave a message for the Birstall store to call us back.

 

We missed the call back on the 5/10/2020, (says incoming call only lasted 2s, so they didn't call very long), and since then each time my mother has called they have said they will try put us through to that store and then the call is simple cut off. 

 

I didn't have to put a deposit and I think the finance is set up as a direct debit due to come out of my bank account the following month upon receiving the sofas, so Feb?

 

The sales rep was more interested in keeping us distracted with conversation about ourselves and the area we live as he apparently lived close by.  He didn't speak much about what we were signing or agreeing to, and he could clearly see my mother was in discomfort as she said she was finding it hard breathe and wanted to get out of the store, but he still pushed the sale and even tried getting us to look at flooring.

We just left immediately. 

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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It is essential that you establish a paper trail so unless you are able to record your calls and you have read our customer services guide, stop doing things on the telephone. Send them a letter by recorded delivery formally cancelling the contract. Send a similar letter to the finance company formerly telling them that you have cancel the contract and you are cancelling the finance agreement.

I suggest that you also deliver copies of this cancellation letter to the shop. Try to get the name of the person you leave it with – but at least make sure that you get a good description of the person.

Send them an SAR.

When you write the finance company tell them that you were pressurised into taking out the finance and that in fact although you provided the correct details of your income and employment to the salesperson, you realised that they had entered false details and it was on that basis that your credit file was checked and on that basis that the finance was given to you.
Of course people will ask why you signed this full statement – and you will have to say that you were nervous et cetera and that you were pressurised and signing it – exactly as you have told us here. You need to be completely honest about everything that happened.

Please do that straightaway. In addition to the letter which you are sending recorded delivery to the finance company, try to call them and discuss with them and inform them as to what has happened. They are likely to be much more accessible than SCS who will want to block you until they consider it too late for you to prevent delivery of the sofa.

By the way in your letter to SCS, make it clear to them that not only is the order cancelled – and exactly why it has been cancelled – but also that if there is any attempt to deliver it, delivery will be refused. Make it clear to SCS that you have sent a copy of this letter to the finance company explaining to them exactly how the finance agreement was achieved by their salesperson.

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Thank you so much for the advice, I will do as you suggest. 

I have sent an email to the customer service department, and the last time we spoke to an advisor we explained we were worried and running out of time, but she said they can see through the call logs we have attempted to make contact and it is the stores fault for not getting back to us. However I fully agree with your comment about them blocking the number as we were only able to get through to someone by calling from a different phone, ridiculous how they can treat people like this. I will be writing some letters ASAP. As the finance is in my name and not my mothers I assume I should be the one signing  it?


I really appreciate your time and will keep you updated on our progress if you wish? 
once again thank you so much! 

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Yes. You should all be signed in the name of the person making the contract – and the finance agreement should certainly be signed in the name of the person entering the agreement.

You say that you're going to write the letters ASAP. ASAP is not soon enough for the SAR. You should send the SAR straightaway. It takes 30 days and you need to get the information quickly – especially if they have got notes of your attempted calls. You want to make sure that you get evidence of this. Also, you should record your calls.

Send the SAR straightaway. You can do it by email. Make sure it is very clear in the subject line that it is an SAR

There is nothing to stop you phoning the finance company this afternoon

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yes I will do that now, sorry if I am not the most educated of people in this matter. I have only ever had a contract phone and internet bills come out of my account, so do not know much about finance and cancellation of products.
 

For the SAR, do I email it to ScS customer service?  and request all information from them. Also I will be ringing the finance company as soon as i send this email, it is very stressful and I just want it to be resolved. I do not fair well under pressure. 

once again thank you

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Yes send it to the customer service department – but make sure the subject line it says "Data Protection Act – Subject Access Request" so that it is clear what it is.

In your cancellation letter – which you should do separately to the SAR – explained to them that you have now taken advice and that you understand that as your finance and work details were falsified by their salesperson, that you have no intention of carrying on the contract and you are cancelling it and that if there is any difficulty with this then you will be complaining to the finance company and to the financial ombudsman.

Broadly say the same thing to the finance company – but phone the finance company as well

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Thank you so much, I have just emailed asking for a SAR
I will call the finance company now! 

 

I will use you guidance to write the letters once I finish on the phone. You have been so much help and have put my mind at ease, the past 5 days have been so stressful so thank you so much for that! I had no idea what to do before this!

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I have called the finance company and have been informed the best course of action is to go into store and speak to the manager, like you suggested. I will be doing that and taking the letter in store with me. 

The finance company said they would cancel however that would not stop the order and it is likely SCS would become very negative/aggressive towards us as customers, trying to make us pay it ourselves, so they did not cancel the finance. He did say however that what the salesperson has done is illegal and if I wish to do so I could call 101 and ask for legal advice, however I would rather not have to take this path. He was very understanding and made notes on all the falsified information.

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You certainly should speak to the manager – but you should also realise that the finance company is fobbing you off. You should write to the finance company immediately – by email – and confirm the conversation that you have had today and that you are cancelling the finance contract with immediate effect on the grounds that you have already explained to them – that the salesperson submitted incorrect information because they realised it was the only way that I finance agreement could be arrived at.

You must make paper trails. You must make paper trails. Whenever you have any conversation like this, be aware that you are being fobbed off and you must confirm in writing all the time.

If you don't, what will happen is that you will find that your time is been used up, you will be beyond the 14 days and then the finance company will say that they have no knowledge of it. You should not be fobbed off by the finance company you should insist to them that the contract is cancelled and that you want immediate written confirmation. And you must threaten them that if you do not have written confirmation then you will put it into a formal complaint which must go to the financial ombudsman.

You have to realise that these people will lead you by the nose in order to avoid cancelling the contract. Do not trust them

I suggest that you call them again – right now. Even if you're not recording the call, tell them that the call is recorded and that you want written confirmation and you want a reference number for the conversation (that may not be possible) – but tell them that the call is recorded and that your cancellation is recorded at that you want written confirmation. Do it now don't get suckered

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