Cannot? Cancel in store order with scs after 3 days? - please help

[BankFodder]

I did ask you to post a Draft of the letter here before you sent it off.

It is difficult to support you when you don't follow our advice..

Please when you post up the letter which you sent.

Also, do not begin any charge back procedure until you know the result of this letter.

If you begin a charge back procedure and at the same time or asking them to make a generous gesture to you, you will simply make them angry and they won't feel like helping you at all.

Do not begin any charge back procedure without checking with us first.

Please post the letter here so that we can see what you actually sent.

Please when you follow our advice in future otherwise we won't be able to help you and you will be on your own.

[Ayz]

It is the same letter you had drafted up 

will leave the charge back for now

just worried what if bank say why did you not submit it earlier

I might just give them a call and explain

I have emailed them so will wait and see what the outcome is they just have it on bank record and not actually make a chargeback claim will just let them know what I have done 

[dx100uk]

you have 120 days.

dx

 

[BankFodder]

10 hours ago, Ayz said:

It is the same letter you had drafted up 

 

I would like to see a letter. Please don't make it difficult. We have lots of cases where people use draft letters and then make errors in them or else we suddenly think that there could be a further modification or improvement.
This is why I asked you to post a draft before you sent it but you've ignored this advice.
If you want your best chance of getting your money back then you should follow our advice. After all that is why you have come to this forum isn't it? Getting free advice from us saves you £300 an hour with a solicitor but it doesn't mean that you shouldn't treat what we say seriously.
I can tell you now that your chances of succeeding in a chargeback are very slim. It is clear that if you refuse to go ahead with the rest of the purchase of the sofa, that you will be in breach of contract and I would expect that your back would declined to give you a chargeback because unfortunately SCS haven't done anything wrong.

If the letter that I drafted for you but which you didn't show to us before you ignored our advice and then send it off on your own doesn't work, then we may still be able to help you but it will take a small claim in the County Court.

Please will you post a copy of the letter which you sent. I don't really understand what the problem is.

[Ayz]

 

Quote

This is with respect to the sofa We placed in your scs wednesbury store for aurura on 29th January 
Order Number given to me is S0025-7367781

Unfortunately, we made a serious mistake because we did not appreciate that if we ordered your product in the store, that we would not be entitled to any opportunity to cancel the order.

We placed a deposit off £250. We only have this money because we received help from family member 
We were relying on some further financial help from a relative and charity in order to pay the full price for the goods.

When we got home, we discovered that the help that we were receiving from the charity – Family Fund – could only be usable for purchases from Argos, We had no choice but to try and cancel the order even though we like the sofa.

We telephoned the customer service on 31st  but it was explained to us that we had paid the deposit and so we were bound to continue with the purchase or else we would lose the deposit money.

As I explained, the only way we could afford this furniture anyway was to get help from the Family Fund charity. We have a very difficult family situation with very little money and the needs of two autistic children to take care of.

We certainly can't afford to go ahead with the purchase and although I admit that we were wrong and you are right that you have no duty to allow us to cancel the contract, if you aren't prepared to help us, then we will have to find the deposit from relatives because the charity won't help us. Although we will then forfeit the deposit, we won't be able to go ahead with the rest of purchase.

I agree that we should probably have read the terms and conditions. It is our mistake. However, we try to cancel only two days after placing the order and we are appealing to you to allow us exceptionally to cancel the contract to get our deposit back in these special circumstances

kindly request your assistance in resolving this matter. It would be greatly appreciated if you could provide me with a  refund of the deposit and please kindly give the go ahead for  the cancellation of my order.

Thank you for your attention to this matter. I look forward to hearing from you soon.

 

That’s what I sent to them

But I got an email and call back today from the ceo team today 

and was told the same that they cannot refund my deposit 

I have not been able to reply because all this has been stressing me a lot

I have not been able to think or sleep right and now I am distressed even more 

[BankFodder]

Please can you post up the emails you receive from the CEO team.

[Ayz]

 

Quote

 

Good Afternoon,

I have tried to contact you today regarding your complaint. I’m sorry I was unable to reach you.

Firstly, I’d like to thank you for bringing this matter to my attention, and on behalf of the Chief Executive Office, I would also like to apologise that you have had to do so. Please accept this email as formal acknowledgement of your complaint.

After reviewing your account and investigating your complaint thoroughly I can confirm that regrettably we are unable to cancel your order without retaining the deposit of £250.  You have been informed of the correct information by the staff in store. 

At point of sale you were provided with the sales order invoice and terms and conditions.  The sales order invoice clearly states that you can amend an order within 7 days after placing the order but no cancellations are permitted as per terms and conditions. You signed the sales order invoice to confirm you understood and agreed.

Your terms and conditions explain that if you do need to cancel the order this will need to be agreed and 25% of the order will be retained to take into account the losses and costs that we will reasonably have to bear due to your cancellation. This will never be more than 25%. Your deposit is just under the 25% threshold.

I appreciate that this is not the decision you were looking for and I apologise for any upset or inconvenience caused.  Please confirm what you would like to do in regards to your order.  Do you want to continue with this as the furniture now has an estimated arrival date of 01.03.24 or would you like to cancel this order and for the deposit of £250 to be retained.

Please do not hesitate to contact me should you want to discuss this further. 

Below is guidance on what you can expect from SCS whilst dealing with your complaint.

SCS are committed to listening to our customers complaints regarding our products and services with the aim of resolving any issues as well as improving our services. As a customer you can expect us to:

Ø  Take your concerns seriously

Ø  Provide the name/names of the member/s of staff responsible for dealing with your complaint

Ø  Be factually correct

Ø  Deal with your complaint promptly

Ø  Answer all points of your concern

Ø  Be flexible in the way we communicate with you should you have a preference

Ø  Explain the next steps available to you should you still be dissatisfied with the outcome

Ø  Be honest, open, impartial and thorough

Ø  Keep you updated at every step of your complaint

 

 

 

[Ayz]

Hi I have just received another phone call and they have said they can refund half of the deposit back which is £125 and I need to give them a decision by 5.15pm

What do I do? Please advise 

[BankFodder]

I think that the only way to deal with this is to sue them in the County Court using the small claims procedure.
This clear that by not continuing with the purchase, that you are in breach of contract. However there is a rule which says that if you breach of contract they are only entitled to recover their administrative costs actually incurred as a result of your breach.
It is scarcely imaginable that they have incurred a £250 loss as a result of your order which was cancelled less than three days later.

Please can you tell me what day the order was made and at what time of the day. What day the order was cancelled and what time of the day.

The fact that they impose a standard 25% without having any regard to the actual losses caused by your breach of contract is itself evidence that they apply standard fee with no particular relevance to the losses incurred. The fact that they seem to apply a standard fee in respect of their so-called losses is known as a "pre-estimate" and the judges in the courts tend to consider that that is really a way of disguising extortionate penalties.

If you want to bring a small claim in the County Court then I rate your chances of success as better than 85%. There is a great likelihood that they will pay you your money rather than actually go to trial on the issue.
This would mean that you would have to issue the claim which will cost you about £35 plus about another £25 also it went to trial. If you happen to lose the case then you would lose your claim fees but that would be all. You would not have to pay the other side's costs. Of course we would help you all the way.

However if you would like to take this action to get your money back, then if we help you with draft documents et cetera and we are sum to be posted before you send them off then we mean it. No more mucking around please. You would have to take our advice and if you felt that you prefer not to then we would want to know in advance and you have to explain why and we would consider whether we thought that you were right and that we had made a mistake.
However, we are all volunteers here. We don't get paid but we don't want to waste our time – all your's.

I think you are being treated very unfairly by SCS – but I have to say that this is the kind of reputation they have.

Please answer the questions I have put above

[BankFodder]

I have just seen your post where they are offering to refund you £125.

I would suggest that you accept it. If you want to continue for the rest of the £250 then we will help you.

I can imagine that they would insist that you agreed that by accepting the £125, you are agreeing that this is full and final settlement and you won't take any legal action to get the rest. You can safely go ahead and agree to this. It's not binding on you – and if you want to go for the rest then we will help you.

However, don't tell them anything other than thank you for the £125. Don't start posting that is not binding or anything because then they will change their minds.

 

[BankFodder]

Just to add, that if you did take legal action, it would probably be a bit stressful for you and if they did decide to defend then it could take anything up to a year before you had a result. If they are offering £125 then may be the best thing to do is to take this now, learn your lesson and be more careful in future.

 

[Ayz]

I have told the lady I will accept the £125 and said thank you for all your help 

also what would you advise to do next shoukd I leave going to small course I cannot take any other additional stress if I’m honest 

Having 3 autistic children is very stressful already 

nut yea definitely a lesson learned to always read terms condition to everything now 

[BankFodder]

I think that you could find that bringing a small claim action for £125 could be more stressful than it is worth. Although there is a very small risk – it is a risk that you could lose your claim fee altogether of about £60.

We can certainly help you and it would be good experience for you but you are certainly going to have to you balance the emotional cost you against the benefit of getting back your money.

If you win the case – which you probably will – then you would get your £125 plus your costs.

Whatever you do, get the £125 back in your bank account first.

I'm very sorry. I think these people are very unfair. Not only do we get this kind of complaint but we also get lots of complaints about the quality of what they do and the customer service.

I think that SCS is a company to be avoided

[Ayz]

Ok will wait till I get the 125 first back into my account which the lady said should be in account by the 9th feb 

[BankFodder]

Probably the best thing to do afraid. I'm sure this is going to create hardship for you. I think you should go and visit the charity and tell them what has happened. Maybe the charity might write a letter themselves to help persuade them to give you the rest of the money back.
However I think they should write the letter – not you.

[Man in the middle]

Deleted. (I hadn't read page 2)

Edited February 6 by Man in the middle