SCS & Creation Loan

[Flossy]

Re: SCS & Creation Loan

How did you pay for this infamous sofa Flossy? Was it on a credit card ?

Paul, does s.75 only apply to credit cards or any form of credit

I haven't get due to their mix up and the fist sofa collapsing.. Creation is the one's I have a loan with

It was buy now pay later ...

[PlanB]

Re: SCS & Creation Loan

This is the second thing I have gone to TS about as my shower room was botch BADLY and he was a member of SAFE TRADER SCHEME and got away with it!

TS at my end are useless and do not bother. They pass me over to Consumer direct and then leave it..

The first sofa I had was 'stock' and it was clear in the T&C of SCS that 'stock gods under 3.3.1' where to be returned and refunded and you where not forced another sofa! They ignored that and so did TS. I also went high up at TS and I still got no where... I will however do what you have said and make it clear that they investigative this.

The TS referred you to Consumer Direct so you could establish your legal rights. Well now you know your legal rights thanks to Paul. So you could go back to TS and get them to do their job properly Maybe telling the sofa scumbags that you've reported them to TA will help focus their minds.

And unless anyone disagrees with me tell them you want the offending sofa out of your house within 7 days (will you have something else to sit on?).

I'm not sure how you can use s.75 in a threatening letter so perhaps someone else will tell you what to say or even Google but I hope that the TS involvement could work this time since you can prove that you've given it your best shot A combination of both should do the trick.

[Flossy]

Re: SCS & Creation Loan

Flossy

Check this out. This is what you need:

http://www.oft.gov.uk/business-advic.../sogaexplained

Best

SnV

Thanks Salt... Thats good reading. I will start that later...

[Flossy]

Re: SCS & Creation Loan

Let me catch up reading.... I am very slow today as I only have one hand to type and a brain full of fluff... LOL

[Flossy]

Re: SCS & Creation Loan

Never be fobbed off by those who try to say the Act covers you "only for 12 months" nonsense. There's nothing in the Act to define any specific time limit as to how long something should be usable. A DJ once ruled that a Sony stereo had to be replaced which broke after six years because in the judge's view it should have lasted that long.

You should be entitled to a full refund of what you paid if the sofa was not what you ordered - you don't even have to accept a replacement one. And you certainly don't have to accept these silly shoddy attempts at repairing it

I'll make time to read your thread in more detail in the next couple of days and I might even suggest a few newspapers who love stories like this

I knew you would come in useful MisterMiss when I first met you and you accused me of flirting

I agree... Its gone on for so long and with me being in and out of hospital its just made it worse and not been on top of it very well...

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..

[Paul.]

Re: SCS & Creation Loan

How did you pay for this infamous sofa Flossy? Was it on a credit card ?

Paul, does s.75 only apply to credit cards or any form of credit

any form of credit which falls with the definitions in s75

75 Liability of creditor for breaches by supplier.

(1)If the debtor under a debtor-creditor-supplier agreement falling within section 12(b) or (c) has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor.
(2)Subject to any agreement between them, the creditor shall be entitled to be indemnified by the supplier for loss suffered by the creditor in satisfying his liability under subsection (1), including costs reasonably incurred by him in defending proceedings instituted by the debtor.
(3)Subsection (1) does not apply to a claim—
(a)under a non-commercial agreement, F1. . .
(b)so far as the claim relates to any single item to which the supplier has attached a cash price not exceeding [F2£100] or more than [F3£30,000][F4, or]
[F5(c)under a debtor-creditor-supplier agreement for running-account credit—
(i)which provides for the making of payments by the debtor in relation to specified periods which, in the case of an agreement which is not secured on land, do not exceed three months, and
(ii)which requires that the number of payments to be made by the debtor in repayments of the whole amount of the credit provided in each such period shall not exceed one.]

[Flossy]

Re: SCS & Creation Loan

It's called the Sale of Goods Act 1979 which states that 'goods must be fit for the purpose for which they were sold'

The whole purpose of the Trading Standards Department is to ensure that traders (geddit) comply with the law. The TA are the enforcers on behalf of the OFT and they can (and do) prosecute. I'm shocked to learn that they didn't help you when you first complained. If it was me I would go back (via email so you've got a paper trail) to the manager of TS at your local council and make a complaint that this wasn't dealt with properly and asked them to investigate pronto I would also tell these sofa scumbags that you have done this and they can expect to hear direct from TS. It ill behoves them to set you a deadline for what happens next. Time to turn the tables methinks.

This is the second thing I have gone to TS about as my shower room was botch BADLY and he was a member of SAFE TRADER SCHEME and got away with it!

TS at my end are useless and do not bother. They pass me over to Consumer direct and then leave it..

The first sofa I had was 'stock' and it was clear in the T&C of SCS that 'stock gods under 3.3.1' where to be returned and refunded and you where not forced another sofa! They ignored that and so did TS. I also went high up at TS and I still got no where... I will however do what you have said and make it clear that they investigative this.

[PlanB]

Re: SCS & Creation Loan

How did you pay for this infamous sofa Flossy? Was it on a credit card ?

Paul, does s.75 only apply to credit cards or any form of credit

[Paul.]

Re: SCS & Creation Loan

It's called the Sale of Goods Act 1979 which states that 'goods must be fit for the purpose for which they were sold'

The whole purpose of the Trading Standards Department is to ensure that traders (geddit) comply with the law. The TA are the enforcers on behalf of the OFT and they can (and do) prosecute. I'm shocked to learn that they didn't help you when you first complained. If it was me I would go back (via email so you've got a paper trail) to the manager of TS at your local council and make a complaint that this wasn't dealt with properly and asked them to investigate pronto I would also tell these sofa scumbags that you have done this and they can expect to hear direct from TS. It ill behoves them to set you a deadline for what happens next. Time to turn the tables methinks.

Never be fobbed off by those who try to say the Act covers you "only for 12 months" nonsense. There's nothing in the Act to define any specific time limit as to how long something should be usable. A DJ once ruled that a Sony stereo had to be replaced which broke after six years because in the judge's view it should have lasted that long.

You should be entitled to a full refund of what you paid if the sofa was not what you ordered - you don't even have to accept a replacement one. And you certainly don't have to accept these silly shoddy attempts at repairing it

I'll make time to read your thread in more detail in the next couple of days and I might even suggest a few newspapers who love stories like this

Its also called Section 75 Consumer Credit Act 1974 for creditor liability for defective products

[PlanB]

Re: SCS & Creation Loan

Flossy

Check this out. This is what you need:

http://www.oft.gov.uk/business-advic.../sogaexplained

Best

SnV

Brilliant SNV One day I'll learn to do links

[SaltnVinegar]

Re: SCS & Creation Loan

Flossy

Check this out. This is what you need:

http://www.oft.gov.uk/business-advic.../sogaexplained

Best

SnV

[PlanB]

Re: SCS & Creation Loan

Maybe you could do a template of a general case with the main pieces of legislation and sections in for buying goods that are or become faulty to give people some idea of what the law is with different options?

It may just help to know your rights in this or similar situations.

It's called the Sale of Goods Act 1979 which states that 'goods must be fit for the purpose for which they were sold'

The whole purpose of the Trading Standards Department is to ensure that traders (geddit) comply with the law. The TA are the enforcers on behalf of the OFT and they can (and do) prosecute. I'm shocked to learn that they didn't help you when you first complained. If it was me I would go back (via email so you've got a paper trail) to the manager of TS at your local council and make a complaint that this wasn't dealt with properly and asked them to investigate pronto I would also tell these sofa scumbags that you have done this and they can expect to hear direct from TS. It ill behoves them to set you a deadline for what happens next. Time to turn the tables methinks.

Never be fobbed off by those who try to say the Act covers you "only for 12 months" nonsense. There's nothing in the Act to define any specific time limit as to how long something should be usable. A DJ once ruled that a Sony stereo had to be replaced which broke after six years because in the judge's view it should have lasted that long.

You should be entitled to a full refund of what you paid if the sofa was not what you ordered - you don't even have to accept a replacement one. And you certainly don't have to accept these silly shoddy attempts at repairing it

I'll make time to read your thread in more detail in the next couple of days and I might even suggest a few newspapers who love stories like this

[Flossy]

Re: Flossy UE Diary & YB Hassle

As the inspection won't cost you anything you have nothing to lose by letting them arrange it. You don't want them to assume you no longer want to pursue your complaint & it'll show willingness to cooperate on your part!

Thanks Flower.

I was annoyed at their letter which SCS has obviously was incorrect when they said I wouldn't let them come round when they sent 2 upholsterers round and the last one forgot the parts anyway!

Silly, silly SCS

[Flossy]

Re: SCS & Creation Loan

section 75 allows you to attack the creditor as well as the supplier.

The relevant wording in s75 is



Thus the creditor is jointly & severally liable for the defective goods,

I dont have a template for these cases sadly, i tend to write specific letters depending on the case

Maybe you could do a template of a general case with the main pieces of legislation and sections in for buying goods that are or become faulty to give people some idea of what the law is with different options?

It may just help to know your rights in this or similar situations.

[Flossy]

Re: Flossy UE Diary & YB Hassle

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


Received a letter from Creation today saying:

Dear XXXXXXX,

I refer to my (should be YOUR )letter dated 20th April 2012.

Please find enclosed, all calls made to you from January 2012 to February 2012. I am sorry you feel the level of contact from our collections department is harassment, as referenced previously, please be assured this is not the intention of the collections department.

(Lucky they didn't enclose all the calls from the past 12 months as the pages would have been more than the 3 A4 sheets send today)

In relation to the goods, I fully appreciate your concerns that you feel the goods are faulty, however, SCS do have a right to inspect the goods. As mentioned in a previous letter they have advised me that they have tried to contact you but have not been successful.

(They sent 2 upholsterers out. The first one tried it on with me and didn't even look at the sofa. The report came back from SCS saying that from the pictures the sofa looks okay... I am unsure as to how he managed to get pictures of it instead of of me!

They sent a second one out who said it needed recovering on the right hand part of the sofa and he couldn't look at the other part as he was sent out to only look at this part! He came back to do the job ages after and said he had forgotten the part and that it would take more than 1 hour to do anyway so there was no point in doing it! When I signed the sheet I wrote this one it and he must have changed to the fact that I wasn't happy about the whole thing and made out it was me that didn't want it doing so the upholsterer wouldn't get in trouble for forgetting the part!

I knew this as SCS told Creation that I had rejected having it done)

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 ........