another SCS victim - already paid in full :(

[Debs_79]

I'm absolutely desperate for some help, especially since I feel that time is running out and that SCS are doing their best to waste lots of time.
We bought a sofa in the bank holiday sale on Monday, feeling rushed to make a decision to get the bargain. A couple of hours later we found another sofa somewhere else, naively assuming we could just cancel the SCS sofa, which we had already paid in full. On the way home we read in the T&C that they don't cancel.
Manager said we would have to speak to sales person (what can they do???? who wasn't in on Tuesday). Managed to talk to him Wednesday evening (and he can't do anything indeed) So sent "sign for" letter to manager today and also rang again. Manager said that he'd cancelled in the past but only for serious reasons. We said we'd be happy to pay the £200 cancellation fee but manager said he would feel bad about taking the money, he much rather delivers a sofa. We're trying to advertise it locally, but if we can't sell it we're stuck. No room and no money to pay for both sofas (the other one can't be cancelled either).
We really seem to be dependent on the good will (or bad will) of manager. Fax to SCS CEO didn't lead to anything either.
Urgent advice needed!!! Time is running out!

[Never-In-Doubt]

Re: another SCS victim - already paid in full

I've asked Paul (legal boffin) to pop in and see if he can help

[Paul.]

Re: another SCS victim - already paid in full

Ok it depends on the contract.

It seems to me that the contract isnt one that falls within any of the distant selling regs, it wasnt a doorstep sale etc so the right to cancel really depends on the contract.

You still have the obvious statutory rights under Sale of Goods Act 1979 as amended so if it is not as described then you are entitled to seek a refund but i dont know if you will be able to cancel to stop the delivery

if you refuse delivery then you will be in breach of contract so take care not to do anything sillly

[Debs_79]

Re: another SCS victim - already paid in full

Thanks Paul,
doesn't sound too hopeful then Would they breach the contract if they didn't deliver in time or could we return if there were issues with the quality of the sofa?

[Never-In-Doubt]

Re: another SCS victim - already paid in full

It's easy to distract the delivery men with a cuppa whilst your partner accidentally slits the sofa open

Whaaaaaat

[PlanB]

Re: another SCS victim - already paid in full

I don't believe there is anything in law to cover you for a *change of mind*. If the goods are faulty or not as described then that would be a different matter. Paul will correct me if I'm wrong but I think you'll be relying on the store's goodwill to cancel this order.

http://www.which.co.uk/consumer-righ...turn-my-goods/

[julian]

Re: another SCS victim - already paid in full

Plan B is right, you have no legal right to change your mind, but you can expect it to be serviceable.

We have a Land of Leather sofa which was left with us by a relative who was emigrating, almost new 2/3 years ago. Although we are not heavy users, all the seats have springs gone. The first seat went after a few months.

LOL would never have been my first choice, but I certainly would have complained if they had still been around. So assuming they use similar suppliers just get a couple of people to spend a day lolling on the new sofa and it may find itself unserviceable and to be of inferior quality. Ours is also 'pig' ugly - I think the Chinese use pigskin rather than cowhide for their leathers judging by the markings.

[PlanB]

Re: another SCS victim - already paid in full

Was this sofa a stock item because if it was then SCS has a Cancellation Policy of seven working days and there's no mention of that £200 cancellation fee either.

http://www.scs.co.uk/returns-policy/

If a store has a cancellation policy then they are obliged to display it and make the customer aware of your right to cancel (or not). Did this happen?

I think you should contact customer services at HQ not the store manager because he and/or the salesman will be on commision so not motivated to cancel an order which will result in less money in their pay packet at the end of the month.

[Debs_79]

Re: another SCS victim - already paid in full

thanks for all the replies, I also heard from a friend that I might be able to challenge their claim that the sofa was made bespoke, which is the basis of their no cancellation clause. The only thing sort of bespoke is the colour, which we picked from a range they offered and can still be changed until Monday. So I'll write to them and challenge them to prove to me in writing that the sofa was actually made to OUR order and that I'm prepared to take this further. I would hope that in order to save them and us the hassle they'd agree to the cancellation fee of 25%, which still hurts...Any comments on that idea?

[PlanB]

Re: another SCS victim - already paid in full

I might be able to challenge their claim that the sofa was made bespoke, which is the basis of their no cancellation clause. The only thing sort of bespoke is the colour, which we picked from a range they offered and can still be changed until Monday. So I'll write to them and challenge them to prove to me in writing that the sofa was actually made to OUR order

That's interesting because next Monday just happens to be seven days from when you placed your order which suggests that they don't process an order until the 7 Day Cancellation Policy expires

[Debs_79]

Re: another SCS victim - already paid in full

Was this sofa a stock item because if it was then SCS has a Cancellation Policy of seven working days and there's no mention of that £200 cancellation fee either.

http://www.scs.co.uk/returns-policy/

If a store has a cancellation policy then they are obliged to display it and make the customer aware of your right to cancel (or not). Did this happen?

I think you should contact customer services at HQ not the store manager because he and/or the salesman will be on commision so not motivated to cancel an order which will result in less money in their pay packet at the end of the month.

The sales guy just said that colour can still be changed within 7 days and pointed that out on the contract, and circled it with his pen . But he made the circle slightly larger to also include the "no cancellation" bit. But he didn't mention it. How do I know if its a stock item?

[Never-In-Doubt]

Re: another SCS victim - already paid in full

thanks for all the replies, I also heard from a friend that I might be able to challenge their claim that the sofa was made bespoke, which is the basis of their no cancellation clause. The only thing sort of bespoke is the colour, which we picked from a range they offered and can still be changed until Monday. So I'll write to them and challenge them to prove to me in writing that the sofa was actually made to OUR order and that I'm prepared to take this further. I would hope that in order to save them and us the hassle they'd agree to the cancellation fee of 25%, which still hurts...Any comments on that idea?

I wouldn't mention the cancellation fee at this stage - try and cancel first, on it's own merits. However DSR wouldn't apply (ie Bespoke items) so not sure that it will actually matter much. If you order items in store then usually DSR is not applicable, end of; which like anything then leaves you at the mercy of the store for an exchange and/or refund.

Nobody is entitled (automatically) to a refund because they bought in error. Sadly.

[Debs_79]

Re: another SCS victim - already paid in full

That's interesting because next Monday just happens to be seven days from when you placed your order which suggests that they don't process an order until the 7 Day Cancellation Policy expires

thats exactly what I think...Thats also the reason why I really need to get this letter out

[Never-In-Doubt]

Re: another SCS victim - already paid in full

That's interesting because next Monday just happens to be seven days from when you placed your order which suggests that they don't process an order until the 7 Day Cancellation Policy expires

Yea and lets not forget that it takes then 8+ weeks to deliver usually - so why the delay? Ahh, of course - we need to go back to watchdog to see the facts. These stores have limited stock and what they do is sell loads then when they have enough collective orders countrywide, to fill a shipping container, they then place the order. The problem is that with anything that passes through the seas, timescales are a guess. So they give upto 8 weeks as standard but in reality most miss this deadline due to the ordering process.

I would also look at Watchdog as they investigated these things last series.

[Debs_79]

Re: another SCS victim - already paid in full

on the contract it said that it will be delivered after the 1st of June, he reckoned the week commencing. Does that indicate that it was a stock item as it doesn't take that long to deliver (presuming that they actually will...)