SCS - sofa delivered, substandard quality

[abo999]

Hi there!

 

Today our new sofas arrived from SCS having waited a few weeks as you do. When the delivery guys had installed them in the living room they asked me to sign the sheet to say I'd checked the goods and all is ok, so I gave them the once over, sat on them etc. and all seemed fine so I signed the form and off they went. I got back on with my work in my office.

 

Later today, I had cause to put my hand down the side of the sofa (the leather cushions are stitched to the base) and found that part of the material lining is ripped, and I can feel sharp nails or screws sticking out - the pointy end, not the heads. Not good when we've got a three year old with inquisitive hands.

 

Of course, this prompted us to have a very close inspection of the rest of the sofas; it seems that although one of the arms is visually identical to the others it sags in the middle if you press on it, and it feels like one of the wooden bars inside is broken. It's hard to describe but if you feel it and compare with the other arms you can tell something is wrong.

 

We've spoken to SCS who tell us we have seven days to reject the goods; they have a chap coming to the house tomorrow to inspect them so I'd like to be in possession of my rights.

 

1. I've had a peek at the Sale and Supply of Goods Act and can't see anything about timescales for rejecting goods. Is seven days correct, or are SCS coming up with this themselves?

 

2. Since I've signed the form when the delivery men dropped the sofas off, have I affected my right to reject the goods?

 

3. We paid a deposit when we ordered the sofas. Are we entitled to a complete refund of this deposit when we reject?

 

4. Anything else we should be aware of?

 

Many thanks!

[Alphageek]

I don't know where you stand because you accepted the goods, but I have just had dealings with them.

 

See this thread: http://www.consumeractiongroup.co.uk/forum/other-stores/82508-scs-damaged-delivery-refusud.html

[abo999]

Just to add to this; I'm really interested in getting a refund of my deposit and goods returned to be honest. Now I've had chance to do 'things' like have a proper sit on them, move them about etc. etc. I feel that the overall build quality is poor and that a replacement will be just as bad.

 

We should have just gone to Barker and Stonehouse like we were going to. The fruitwood bed we bought from them many years ago is still as sturdy as when we got it...

[blitz]

1. The law states you have a reasonable amount of time to reject goods. No set time period is mentioned, many companies takes approx 1 month to be an acceptable period. However can only be decided by a judge on a case by case basis.

2. An acceptance note does not void of rights to reject goods, you are still allowed a reasonable amount of time to examine the goods. You only void rights in this case, when you have spotted a fault and still accepted the goods.

3. As you have acted within a reasonable amount of time, you are entitled to a full refund.

4. Don't let them fob you off

 

You can reject the goods under the SOGA, as the product was not of satisfactory quality being a) unsafe, b) has minor defects.

(2B) For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods—

(a) fitness for all the purposes for which goods of the kind in question are commonly supplied,

(b) appearance and finish,

© freedom from minor defects,

(d) safety, and

(e) durability.

(2C) The term implied by subsection (2) above does not extend to any matter making the quality of goods unsatisfactory—

(a) which is specifically drawn to the buyer's attention before the contract is made,

(b) where the buyer examines the goods before the contract is made, which that examination ought to reveal, or

© in the case of a contract for sale by sample, which would have been apparent on a reasonable examination of the sample.

 

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

[abo999]

Thanks Alphageek, I'd just spotted the thread and it makes interesting reading, especially 'if the goods are not of satisfactory quality the Sale of Goods Act gives consumers a reasonable time in which to reject goods and claim a full refund' which is what I'm after.

 

I'll keep an eye on how you get on. What have they been like to deal with generally?

[abo999]

Blitz: that's awesome, thank you. It'll be nice to be able to refer to the specific points of the SOGA when the chap comes round tomorrow, in case he tries it on

[abo999]

Sorry...

 

Another thing: since we've nowhere else to store them, I've had to put our old sofas on the drive while we wait for the council to collect them (which I guess I'll have to cancel now...). I've covered them with a tarpaulin, but it's raining and some water has got underneath...

 

I guess we're going to have to use these sofas again now, probably for a few weeks while things get sorted out.

[Alphageek]

I'll keep an eye on how you get on. What have they been like to deal with generally?

 

They backed down a lot easier than I thought they would. The finance company just sent a standard Word document and the branch called to confirm cancellation.

 

Underhand tactics from the delivery people (no doubt directed by others) and the most appalling attitude form the sales person.

 

Nothing from Head Office and nothing further, so far, from the Finance Company.

 

So, what have they been like?

 

P### poor - pretty standard for large UK retailers I think?

[abo999]

Ok, following a conversation with the branch earlier we've got a guy from there coming round to inspect the sofa on his way home from work. I'll post the result of that later...

[abo999]

Well, that didn't take long! The guy had a look at the sofas, agreed they were knackered, asked what we wanted to do, and accepted our request for them to be collected, the finance cancelled and deposit refunded... They'll be collected next week and deposit refunded to the bank as it was paid by debit card.

 

Hopefully everything will go smoothly

[Alphageek]

That's good news. Perhaps they all read this website now and realise we're not the types to try and fob off.

 

Keep us posted.

[chatty1967]

hi

 

we got our sofa delivered in april 2006 on delivery it was great, the salesman told us it the cushions would give a little in time. Little did we know that it would give literally. One of the sofas was so bad you was practically sitting on the floor. I reported that in the first week of oct 06 and it was finally repaired in feb 07 after many upholsterers had been to check it out, reporting that it was faulty foam. My husband sat on it after he had left(he weighs 101/2 stone) and it collapsed again. Further phone calls and visits from upholsterers to check it was a real fault. It is now sept and we got a replacement suite, not the original one i had but a nice one none the less,,, only thing is it was damaged by the delivery guys, the manager stated. We have now demanded a full refund as in our opinion customer service does not exist in this company.

Any of you having problems i suggest you contact trading standards as they were brilliant and advised us all the way,,, the store manager told us they had rights to repair up to 4 times which apparantly isnt true.

 

I have been waiting since monday evening for them to work out on their new system how they can refund my money asap.

 

I advice anyone to keep on at them and the store manager and dont give up, most of the time we spend a lot of money on these items and we should get the customer service that is promised.

This has put me off and im terrified of buying a new one from another store in case of similar problems,, anyone know of any good ones

 

chatty

[chatty1967]

well they finally came for the second sofas,,only took them two weeks,,a week of that was how to work out on their new computer system how to refund our money. I also have new sofas ordered and delivered within 3 days from land of leather, not a scratch on it

hope you all sort out your problems xx

[stressedbyscs]

Hi I'm having a similar problem with SCS myself - Did you ever manage to get a refund from them? My suite arrived damaged in two places just before Christmas and they want to repair it. I initialy accepted a repair as they told me it was my only option however when they failed to get their act together to even do this I visited Citizens Advice who told me to request a refund as I was entitled to one under the sale of goods act. The shop won't do this as I initialy accepted a repair even though I only did this reluctantly having been told this was my only option. The suite has since developed a third fault as one of the cushions is collapsing. I am thinking of taking them to court as I have legal expenses under my household insurance and have been told that the length of time you have to inspect goods is a bit of a grey area as just deemed to be a reasonable length of time. The solicitor advised it would be up to a magistrate to decide but feels that we paid for a new suite in showroom condition and as it arrived damaged in two places and quickly developed a third fault then this this is not what we paid for. SCS say they are trying to put things right by doing a repair but I say I would never have paid them full price for a suite that was damaged three times and repaired. Anyone any idea how I would get on in court. We did sign for the goods as the delivery men hid the faults from us and as it was delivered the Saturday before Christmas and my family were all down it was so hectic, then we went to Tenerife the day my family left I didn't get to inspect it until after our holiday when we phoned and reported the faults straight away. The stores upholsterer doesn't deny there is a fault and has photos and a report but the store say this is minor damage even though the repair involves removing the leather in two places replacing damaged wood inside and replacing the cushion filling on another part and adding a leg to a part that is collapsing. The store say we are holding things up by refusing a repair but I have pointed out that they are not in a position to carry out a repair as they have only inspected the faults the suite arrived with and if they came to do this repair would not be able to repair the third fault of the cusion collapsing as they would not have the relevant parts. I have said I will allow the upholsterer to return and inspect this fault but they seem reluctant to arrange this. They have also said I can reject the repair if I am not happy with it but when questioned on who has the final say they admitted that it would be their upholsterer effectivly removing any rights we would have to reject the repair. I have lost faith in the furniture and the store and just want it gone. Any advice from anyone would be appreciated.

[chatty1967]

hi

 

Yes we got a full refund, phone trading standards, they are brilliant they will tell you what to put in writing to the store. I had the same thing a faulty sofa, they told me i had to have a repair, i did this and it was faulty again,, i wouldnt allow them to do another. You are entitled under the sale of goods act to a refund if the item isnt doing what its supposed to do. They will tell you to put it in writing giving them so many days to reply then stating you will take it to the claims court,, they soon phoned and made arrangements for me to choose another suite, we unfortunately did only to have that delivered damaged. I took my money and went to land of leather where i got a better leather couch for half the price and im made up with it,, i got grandkids bouncing on it and not a dent. I hope you get it sorted quickly cos i know how stressful it is knowing you paid good money and are being lied too, making you feel you have no other choice but to let scs tell you what they want to happen,, Dont let them,plz let me know how you get on

 

chatty

[stressedbyscs]

hi

 

Yes we got a full refund, phone trading standards, they are brilliant they will tell you what to put in writing to the store. I had the same thing a faulty sofa, they told me i had to have a repair, i did this and it was faulty again,, i wouldnt allow them to do another. You are entitled under the sale of goods act to a refund if the item isnt doing what its supposed to do. They will tell you to put it in writing giving them so many days to reply then stating you will take it to the claims court,, they soon phoned and made arrangements for me to choose another suite, we unfortunately did only to have that delivered damaged. I took my money and went to land of leather where i got a better leather couch for half the price and im made up with it,, i got grandkids bouncing on it and not a dent. I hope you get it sorted quickly cos i know how stressful it is knowing you paid good money and are being lied too, making you feel you have no other choice but to let scs tell you what they want to happen,, Dont let them,plz let me know how you get on

 

chatty

Thanks for getting back to me I have already tried trading standards who say we really need to accept the repair and didn't show any interest that the store had mislead me regarding my rights. It just shows it makes a difference who you speak to in these places. I'm off on holiday for a week then I have to pass on all the details to a solicitor who will take it on if they are at least 51% confident of winning. This is covered under my house insurance so I have nothing to loose by taking them to court as the worst they can say is accept the repair. I have written and told them I intend to persue this option but they are now ignoring me completely. It's good to know someone finally managed to get a refund out of this store as looking on the internet so many other people seem to be having problems with them but you are the first I've found who managed a refund. I gives me some hope of winning. I'll let you know how I get on thanks again for the reply.

[stressedbyscs]

hi

 

Yes we got a full refund, phone trading standards, they are brilliant they will tell you what to put in writing to the store. I had the same thing a faulty sofa, they told me i had to have a repair, i did this and it was faulty again,, i wouldnt allow them to do another. You are entitled under the sale of goods act to a refund if the item isnt doing what its supposed to do. They will tell you to put it in writing giving them so many days to reply then stating you will take it to the claims court,, they soon phoned and made arrangements for me to choose another suite, we unfortunately did only to have that delivered damaged. I took my money and went to land of leather where i got a better leather couch for half the price and im made up with it,, i got grandkids bouncing on it and not a dent. I hope you get it sorted quickly cos i know how stressful it is knowing you paid good money and are being lied too, making you feel you have no other choice but to let scs tell you what they want to happen,, Dont let them,plz let me know how you get on

 

chatty

Hi just to let you know we have finally been offered a full refund from the store which is fantastic news. They must have the worlds worst customer services as it took 6 months of arguing with them and finally a solicitor to get them to accept they had sold a suite not fit for purpose but alls well now and we will definately be careful about choosing a replacement.

[gyzmo]

Hopefully not with them! well done.

[stressedbyscs]

Hopefully not with them! well done.

Without a doubt it will not be with SCS:D

[Mr Kenny]

Hi I'm having a similar problem with SCS myself ,,,,,, I initialy accepted a repair as they told me it was my only option however when they failed to get their act together to even do this I visited Citizens Advice who told me to request a refund as I was entitled to one under the sale of goods act. The shop won't do this as I initialy accepted a repair even though I only did this reluctantly having been told this was my only option.

 

Accepting a repair does signify in itself that you have accepted the goods and are not thereby entitled to a refund..

 

35. Acceptance.— (1) The buyer is deemed to have accepted the goods [F1subject to subsection (2) below—

(a)

when he intimates to the seller that he has accepted them, or

(b)

when the goods have been delivered to him and he does any act in relation to them which is inconsistent with the ownership of the seller.

(2) Where goods are delivered to the buyer, and he has not previously examined them, he is not deemed to have accepted them under subsection (1) above until he has had a reasonable opportunity of examining them for the purpose—

(a)

of ascertaining whether they are in conformity with the contract, and

(b)

in the case of a contract for sale by sample, of comparing the bulk with the sample.

(3) Where the buyer deals as consumer or (in Scotland) the contract of sale is a consumer contract, the buyer cannot lose his right to rely on subsection (2) above by agreement, waiver or otherwise.

(4) The buyer is also deemed to have accepted the goods when after the lapse of a reasonable time he retains the goods without intimating to the seller that he has rejected them.

(5) The questions that are material in determining for the purposes of subsection (4) above whether a reasonable time has elapsed include whether the buyer has had a reasonable opportunity of examining the goods for the purpose mentioned in subsection (2) above.

(6) The buyer is not by virtue of this section deemed to have accepted the goods merely because—

(a)

he asks for, or agrees to, their repair by or under an arrangement with the seller, or

(b)

the goods are delivered to another under a sub-sale or other disposition.

(7) Where the contract is for the sale of goods making one or more commercial units, a buyer accepting any goods included in a unit is deemed to have accepted all the goods making the unit; and in this subsection “commercial unit” means a unit division of which would materially impair the value of the goods or the character of the unit.

 

 

The suite has since developed a third fault as one of the cushions is collapsing. I am thinking of taking them to court as I have legal expenses under my household insurance and have been told that the length of time you have to inspect goods is a bit of a grey area as just deemed to be a reasonable length of time. The solicitor advised it would be up to a magistrate to decide but feels that we paid for a new suite in showroom condition and as it arrived damaged in two places and quickly developed a third fault then this this is not what we paid for. SCS say they are trying to put things right by doing a repair but I say I would never have paid them full price for a suite that was damaged three times and repaired.

 

If the second fault developed after you had already rejected the goods due to an earlier fault and were in discussions with the company then the length of time wouldn't be an issue in my opinion. The real question is whether you had accepted the goods before you complained originally.

 

We did sign for the goods as the delivery men hid the faults from us and as it was delivered the Saturday before Christmas and my family were all down it was so hectic, then we went to Tenerife the day my family left I didn't get to inspect it until after our holiday when we phoned and reported the faults straight away.

 

Signing a delivery note does not constitute acceptance. If you hadn't used or inspected the sofa you had not accepted it. Leaving it at home when you went on holiday is understandable. You can't be held to have accepted the goods just by having them sitting unused in your living room. Once you used the sofa and immediately noticed it was faulty you rejected it by contacting the company. I think you have a strong case.

 

They have also said I can reject the repair if I am not happy with it but when questioned on who has the final say they admitted that it would be their upholsterer effectivly removing any rights we would have to reject the repair.

 

At the end of the day the person who would have the final say would be the Court. You could use another upholsterers statement to counter theirs.

Just because you don't trust them anymore is not reason enough to demand a refund. You have to show that you did not accept the goods. The delivery signature is irrelevant. The question is to what degree you inspected and used the goods before you contacted the company to reject them.

 

If you believe that you had used the goods before your rejection then you would have to show that a refund would be the most proportionate remedy. Read through PART 5A

ADDITIONAL RIGHTS OF BUYER IN CONSUMER CASES Sale of Goods Act 1979 (as amended)

 

Sale of Goods Act 1979 (c. 54) - Statute Law Database

 

PS: Good to hear that you won your case. It brings up some interesting issues.

[edenmike]

Hi There

 

We are at our wits end with SCS, sounds like others have the same problems. We puchased a sofa from them in Jan, it seemed ok on delivery however, after a few days we noticed that the one arm seemed flat. It is a very large sofa and the frame can be seen and felt on the arm, we were advised not to use the sofa, so it has been covered up since Feb and it is getting us down to the point we are considering having it taken to the local tip. We have had an inspector out who said there was nothing wrong and the matter was now closed and no further action would be entered into by SCS. Trading Standards were informed and have written to SCS and as a result, they said they would send out another inspector. The same "inspector" arrived and said there was nothing wrong. We are getting very depressed every time we come home and see this is still here after nearly 7 months. We are currently waiting for Trading Standards to contact us as when we reported the same "inspector" has been sent they were not happy. If it gets to the point of taking this to the tip I am going to take it apart as a sofa autopsy and post it on youtube to show all what they are buying and add the documents sent back and forth to show the total lack of customer service.

[lostjonny]

I ordered a sofa (3 piece) from SCS Stockport in November; the three sofas are different shades of the same colour. I didn’t notice this until half hour after the delivery but contacted SCS. I was told an assessor would have to inspect the sofas. 4 weeks from delivery. The first payment was due on 22 Feb., but as I was getting nowhere with SCS re information about the replacement I stopped the DD and sent a letter to both SCS head office and the finance company.

 

I am still waiting for delivery despite repeated phone calls and a visit to SCS Stockport. I was promised delivery on the 8/03/2012 having telephoned the store, the sofas where not delivered. I visited the store on 11/03/2012 and was promised that the sofas would be in store and ready for delivery on the 15/03/2012. While in store I was met with argumentative and extremely unhelpful staff and I have as yet had no communication about the delivery of my purchase. I have sent another letter to SCS head office and the finance company and also tried to talk to a human at SCS head office. So far I have had no communication... I really want to refuse to continue dealing with this company, I would like to cancel my order and get my £200.00 deposit refunded. Is the possible?

Edited March 22, 2012 by lostjonny

[gordonhutchison]

Would DSR (Distance selling regulations) be applicable here?

[mickjohnson]

Hi there,

we bought a 3 seater and 2 seater leather sofa back in Nov 2011 from Blackburn's scs. almost straight away we started to notice thing going wrong, the arms were held on using Velcro which started making holes in the material, then my 4 year old son knelt on the arm of the 2 seater and it came away from the other seat and he fell on the floor we rang scs they came out said we needed

this to be fixed and there was no fault with the 2 seater, then the leather started to peal away in two places and we noticed both suites had holes in the material.

Then bolts started to come out of the recliner mechanism on the three seater and springs started to pop out the bottom of both sofa's all in all this was between Nov 2011 and Aug 1st 2012 the manager of the Blackburn branch came out and agreed to swap to another suite which cost me another £600.00.

I bought the new MAX three seater and 2 seater in brown chocolate and when they come to pick up the old sofa's to deliver the new ones i then noticed to my horror the damage was that bad on the old sofa's it had damaged my flooring which cost me £2k the year before.

I phoned consumer direct up who have helped me all the way so far and been great and the said speak to customer service and start a paper trail so if need be you can go back to in a court or solicitor.

The new suite arrived 1st Aug 2012 it was to be fare great better then the old suite, but after less then 14 days a spring has popped out of the bottom of the 3 seater and the 2 seater still has this same faults of opening like a butter fly's wings if you put even a childs weight on the arms.

An email was sent after speaking to consumer direct saying i want a refund or else court its up to you and they have 14 days to respond. chap did come round and said yes the spring was a fault and the 2 seater coming apart like that is dangerous but nothing is wrong with the settee BUT it is a design fault, I believe they know about this that is why if you go into any of there show rooms you will not find a two seater recliner on its own.

I am in fact waiting to hear from then tomorrow 28th Aug 2012 but wont hold my breath.

Been to DFS today they have 2 seater recliners and the guy even jumped on it and it didnt move at all thats because they are bolted using a wing nut.

 

SCS are a disgrace I have been ignored and threatened and spoken to like a little boy. and there customer service is none existent.....shame on you SCS.

 

Can anybody help me with anything I have missed or should do.....also what do they need to do about my damaged flooring?

 

Thanks in advance.