SCS & Creation Loan

[PlanB]

Re: SCS & Creation Loan

When the store manager (new one) came to my house he said I needed to sign the documents as Creation will want paying shortly (as nearly 1 year on)

Young sales boy came to my house to sign paperwork. Was alone and ill.

Creation had a new contract so instead of just ending it they then delivered new sofa (hadnt even seen a picture of it)and I was to pay 1 year from the new contract which was last year about July ish.....

So they came to your home and got you to enter into a finance agreement for goods you hadn't even seen I presume they came to your home because you made it plain to them that you were too ill to go into the store. This whole thing stinks

[Flossy]

Re: SCS & Creation Loan

I've got your PM in answer to my 20 questions - sorry about that but I needed to fill in some blanks in my mind without boring everybody else rigid

This seems straightforward to me. You bought a sofa. The shop delivered the wrong sofa. The shop accepted their error and took it away. Then 3 months later the shop delivered another completely different sofa to the one which you bought and it didn't even fit in your home. The shop said the sofa you originally bought was discontinued so they couldn't replace it like-for-like. I would say that was the point at which the shop should have cancelled your purchase together with the associated finance You naively (in a good way) thought you had to accept any old crap that the shop was prepared to throw at you. I don't see how that should make a difference to your legal rights

The second issue is that the replacement sofa (whether the same as the one you bought or not) is faulty which is the battle you've been fighting for nearly 2 years and should win. But I'm not sure whether you'd be better off sticking to the first argument. If it's too late to do that then by all means go with the 'faulty goods' argument. It could be described as "in the alternative" in court papers. Meaning if the DJ doesn't buy into your first legal argument then he has to consider your second.

Creation now want to inspect the second 'faulty' sofa. They suggested Homeserve goodness knows why. Let them come and if you don't like what they say you can argue that they were appointed (and probably paid) by Creation so not exactly independant and unbiased. Why not play along and let them visit and see what happens next. They may agree it's faulty and offer to fix it (repair or recover etc) which means they'll have shot themselves in the foot by admitting it's faulty at which point you reject their offer to repair it and demand that they cancel the finance saying "see you in court" if they don't agree

SCS has already inspected the sofa twice and agreed it is faulty but insist it should be re covered!

[Flossy]

Re: SCS & Creation Loan

I've got your PM in answer to my 20 questions - sorry about that but I needed to fill in some blanks in my mind without boring everybody else rigid

Are you saying my case is boring MisterMiss???

[Flossy]

Re: SCS & Creation Loan

Also, signed agreement in the store when shouldnt have as had just come out of hospital. My own fault I know.

When the store manager (new one) came to my house he said I needed to sign the documents as Creation will want paying shortly (as nearly 1 year on)

Young sales boy came to my house to sign paperwork. Was alone and ill.

Creation had a new contract so instead of just ending it they then delivered new sofa (hadnt even seen a picture of it)and I was to pay 1 year from the new contract which was last year about July ish.....

[PlanB]

Re: SCS & Creation Loan

IT IS HOMESERVE. .

Sofa arrive the wrong hand way of the L shape . . . .

NEW Manager at the store. . . . .

He ordered a sofa of his choice which was a round corner sofa and didn't fit the room. .

[PlanB]

Re: SCS & Creation Loan

I've got your PM in answer to my 20 questions - sorry about that but I needed to fill in some blanks in my mind without boring everybody else rigid

This seems straightforward to me. You bought a sofa. The shop delivered the wrong sofa. The shop accepted their error and took it away. Then 3 months later the shop delivered another completely different sofa to the one which you bought and it didn't even fit in your home. The shop said the sofa you originally bought was discontinued so they couldn't replace it like-for-like. I would say that was the point at which the shop should have cancelled your purchase together with the associated finance You naively (in a good way) thought you had to accept any old crap that the shop was prepared to throw at you. I don't see how that should make a difference to your legal rights

The second issue is that the replacement sofa (whether the same as the one you bought or not) is faulty which is the battle you've been fighting for nearly 2 years and should win. But I'm not sure whether you'd be better off sticking to the first argument. If it's too late to do that then by all means go with the 'faulty goods' argument. It could be described as "in the alternative" in court papers. Meaning if the DJ doesn't buy into your first legal argument then he has to consider your second.

Creation now want to inspect the second 'faulty' sofa. They suggested Homeserve goodness knows why. Let them come and if you don't like what they say you can argue that they were appointed (and probably paid) by Creation so not exactly independant and unbiased. Why not play along and let them visit and see what happens next. They may agree it's faulty and offer to fix it (repair or recover etc) which means they'll have shot themselves in the foot by admitting it's faulty at which point you reject their offer to repair it and demand that they cancel the finance saying "see you in court" if they don't agree

[Flossy]

Re: SCS & Creation Loan

Obviously in order to draw conclusion to this allow access for the upholsterer to come and inspect and then take it from there.

Obviously it won't be Homeserve as they are like extended warranty on things and come with home insurance etc.

If they do insist it is homeserve refuse and instead tell them you will appoint an independent and then recharge it to them as this matter requires resolution now, it's dragged on too long.

IT IS HOMESERVE. I have no extended warranty. I will send you the letter tomorrow.

Basically, bought sofa at the store on the way home from hospital.

Sofa arrive the wrong hand way of the L shape and they scrapped the sofa all the way around as they dragged it through my house and broke my light.

I rang the store manager and he laughed. Said it was fine.

The sofa collapsed a day later due to 'apparently' the 'sofa scrapper' delivery men put the feet on the wrong way.

I rang again. Upholsterer came and said he couldn't repair due to the state of it. Imagine a old sofa you have had years, scratched and falling to pieces and you will see mine!

The upholsterer put my yellow pages, phone books, etc under the sofa as it scrapped my wooden floor.

Took pics of everything!

Store manager said he'd order me another the right way and not damaged.I said no under their T&C's of it being 'stock' I was able to return. End of.

He lied anyway. 12 weeks or so later I rang to ask about it and they said that no sofa has been ordered.

The after sales people wouldn't help and said why have I left it till now to tell them. I explained about the other sofa and the manager, etc but they said they wouldn't have the sofa back. End of.

NEW Manager at the store. Had to explain the whole thing again with him. He came to see me and the sofa. Agreed it was faulty and said he would order me another sofa. I said no and wanted this one taking away but they said no I couldn't. I was very ill at this point and was on my 3rd or 4th back op and had 3 tumours removed from ovaries (sure the Boss wanted to know that) LOL

He ordered a sofa of his choice which was a round corner sofa and didn't fit the room. The seams where coming undone and was sat on only a few times by my mum as I couldn't sit on it as it was completely wrong for my back,and it was getting worse and dipped down in the middle.

I put (not me personally as I have a bad back) in the garage.

Creation have put on hold, then added over £800 in charges, then took them off, then gave me so long to pay, and mow this.

SCS CEO ignored me. TS sent me to CD who told me what to write and that was it. TS wouldn't help. And now I am here!!!!

[Never-In-Doubt]

Re: SCS & Creation Loan

Obviously in order to draw conclusion to this allow access for the upholsterer to come and inspect and then take it from there.

Obviously it won't be Homeserve as they are like extended warranty on things and come with home insurance etc.

If they do insist it is homeserve refuse and instead tell them you will appoint an independent and then recharge it to them as this matter requires resolution now, it's dragged on too long.

You would then approach firms such as this ---> Furniture Reports, Upholstery Reports - Free expert preliminary advice. or this ---> The Furniture Ombudsman / How TFO can help you / Independent Inspection Service / Smart Report

but whatever - court may be a good thing as it'd allow you a good chance to get your actual point across so don't stress about this, it's actually all good in a weird sense cos if they (Creation) take action then it's allowing you a platform for resolution one way or another and to be fair, a judge is likely to find in your favour based on what you've said in this thread, i.e. is it fit for purpose? No.

Simples

[PlanB]

Re: Flossy UE Diary & YB Hassle

OK... Next UPDATE CREATION / SCS (This is for MisterMiss)


Received a letter from Creation today saying:

. . . In view of the above and to bring the matter to a satisfactory conclusion, I am prepared to instruct Homeserve to inspect the goods at not cost to you. If you accept this offer, please contact me at the earliest opportunity but no later than 22 May 2012. However if I do not hear from you by the 30 May 2012, I will have to assume you no longer wish to pursue the complaint, and the hold on the account will be removed.

I trust the above is in order. However if I can assist further do not hesitate to contact me on the address below, telephone: XXX or email XXX . Alternatively, you have the option to refer your complaint to the Financial Ombudsman Service ........

^^^^ Relax Flossy you have until 30th May to respond to Creation's letter in reality

Why are Homeserve inspecting your sofa when they are an insurance company who fix my boiler etc and definitely not upholsterers Did you get duped into signing for an extended warranty when you took out the loan agreement by any chance.

[PlanB]

Re: SCS & Creation Loan

Ok.. But, If they have offered to come and inspect the sofa (well another upholsterer independent to SCS) then if I refuse does it make me look bad? I know I should have the sofa in the first place but, because SCS has offered to recover the sofa even though I dont want it and cant use it Creation are now offering the same so that they can see for themselves and can go back to SCS with a verdict... Its a stupid situation.... Its purely SCS fault.

Sorry I'm being a bit fragmented about this but I'm in bed with Norovirus

Have I got this right: SCS 'sold' you a sofa in store. You signed loan papers with Creation in SCS store. When the sofa arrived it was a different shape from the one your ordered (do you have the sales receipt specifying make and model?) with a right/left arm mix-up (did they replace it for the correct configuration?). If you didn't get the one you actually ordered then SCS should take it back and tell Creation to cancel the loan agreement full stop.

How can you be expected to "return it within xxx days". What, carry it to the store on your back? You asked them to collect it and they didn't. If I've got that right then I can't see any reason for anyone to "inspect" it. Either it's the one you ordered or it isn't

If they did replace it for the one you ordered but that one is faulty then you have the s.75 argument and the Sale of Goods Act in your favour. If Creation is now offering to inspect the sofa that suggests they are aware that they have some legal liability in the matter because I'm sure they've got better things to do with their time. If it was me I would let them inspect it so as to appear reasonable. Still send then a firm letter referring to the legal stuff in Paul's post # 32 and tell them to get the inspection done by your set deadline. That way you are in control and you're making them dance to your tune

When they come to inspect it have a friend with you as a witness. Say nothing just point at the sofa. Tell them you have recorded the damage on digital photos (can you do that?) as evidence for the court but they're welcome to inspect it first

Please don't stress about this because I know you're poorly and the worse case scenario (which won't happen) is Creation could try to take you to the Small Claims Court and as Pompeyfaith said you've got a bloody good defence. But don't you think they would have done that ages ago if they thought they had a legal leg to stand on

[Flossy]

Re: SCS & Creation Loan

Paul has an idea. Read his post # 32 in this thread

Basically tell Creation that they are jointly responsible (i.e. legally liable) for the defective goods which is why you haven't paid them They probably haven't realized that (or pretending they don't know) so enlighten them on s.75

Create a letter for Creation quoting the law from Paul's post. If it was me I would add that unless they close your account by 4 pm on Friday 1st June you will consider taking legal action (God knows what legal action but it should scare them into a response).

And chase Trading Standards too. If no joy then make a formal complaint to your local authority who will have to investigate your complaint that they didn't investigate your complaint

Ok.. But, If they have offered to come and inspect the sofa (well another upholsterer independent to SCS) then if I refuse does it make me look bad? I know I should have the sofa in the first place but, because SCS has offered to recover the sofa even though I dont want it and cant use it Creation are now offering the same so that they can see for themselves and can go back to SCS with a verdict... Its a stupid situation.... Its purely SCS fault.

[PlanB]

Re: SCS & Creation Loan

Paul has an idea. Read his post # 32 in this thread

Basically tell Creation that they are jointly responsible (i.e. legally liable) for the defective goods which is why you haven't paid them They probably haven't realized that (or pretending they don't know) so enlighten them on s.75

Create a letter for Creation quoting the law from Paul's post. If it was me I would add that unless they close your account by 4 pm on Friday 1st June you will consider taking legal action (God knows what legal action but it should scare them into a response).

And chase Trading Standards too. If no joy then make a formal complaint to your local authority who will have to investigate your complaint that they didn't investigate your complaint

[Flossy]

Re: SCS & Creation Loan

Anyone any ideas? ;-)

[Flossy]

Re: SCS & Creation Loan

Eeek this is an unusal legal triangle

Common sense says that SCS should give the money back to Creation and not you because the sofa was faulty but Paul may say different But then again you entered into a contract with the loan company and it's not their fault it was a bum sofa

I know.. Hence the reason I am at a loss with this.. SCS original contract says that I should have handed the defected sofa back and thats it...But, SCS store manager order a sofa (of HIS choice) that doesn't fit my room, uncomfortable, in the garage)I have a lift and tilt chair for my back as I couldn't sit on the sofa given as it couldn't be any different from the one I had before...

Its a mess as I feel Creation are getting no where with SCS (as I didn't) and they want to inspect the sofa so they can go back to SCS and say yes or no that it is defected...

I am completely lost of knowing what to do and agree that really it should be Creation getting their money back from SCS

[PlanB]

Re: SCS & Creation Loan

I didn't pay for the sofa hence Creation are chasing me for the money as SCS have been paid and Creation is the people I took the loan out with! Creation are obviously eager to get their money and I get that but, I am not going to pay for a sofa that I cant use. Plus, it was the first sofa collapsing that has made me angry as SCS tried walking away from that too.. I now have another sofa (chosen by them) that is nothing like my other...

They should have taken the sofa and left it. I did send a letter to SCS CEO who got an after sales boy to ring again..

Eeek this is an unusal legal triangle

Common sense says that SCS should give the money back to Creation and not you because the sofa was faulty but Paul may say different But then again you entered into a contract with the loan company and it's not their fault it was a bum sofa