SCS & Creation Loan

[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

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!

[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

[PlanB]

Re: SCS & Creation Loan

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

Have you got that in writing ? There's no harm in getting Creation to also agree it's faulty after their inspection so you've got them both boxed into a corner

Now stop worrying and get a good night's sleep

[Flossy]

Re: SCS & Creation Loan

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

I was very poorly at the time and I had not been able to go anywhere. I had just had major back surgery and my tumours removed. Was in hospital most of the time and had to fit in when I was home...

I had my back cut all up my back and my stomach from the tumours, etc. Was in a very sorry state...

[Flossy]

Re: SCS & Creation Loan

Have you got that in writing ? There's no harm in getting Creation to also agree it's faulty after their inspection so you've got them both boxed into a corner

Now stop worrying and get a good night's sleep

Cant sleep as cant lie down.... But, good night and I will go and get in my chair. Hope you get some sleep and you feel a bit better tomorrow x

[PlanB]

Re: Flossy UE Diary & YB Hassle

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


Received a letter from Creation today saying:

Dear XXXXXXX,



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 ........

Flossy. I've spotted a deadline here. I know you are way too poorly to deal with this annoying problem, but if you don't have the strength to email these lowlife folk along the lines I PMd to you then maybe you should take them up on their offer to refer the whole sorry story to the FOS. I can help you do that

I still think it would be a good idea to tell them to collect the sofa and cancel your loan within seven working days or you'll report them to Trading Standards for breaches of the Sale of Goods Act. If they take it away then they have all the time in the world to inspect it but it won't be cluttering up your house in the meantime. I worry that the longer it's on the premises they could argue any 'defects' were caused by general wear and tear.

[Flossy]

Re: Flossy UE Diary & YB Hassle

Flossy. I've spotted a deadline here. I know you are way too poorly to deal with this annoying problem, but if you don't have the strength to email these lowlife folk along the lines I PMd to you then maybe you should take them up on their offer to refer the whole sorry story to the FOS. I can help you do that

I still think it would be a good idea to tell them to collect the sofa and cancel your loan within seven working days or you'll report them to Trading Standards for breaches of the Sale of Goods Act. If they take it away then they have all the time in the world to inspect it but it won't be cluttering up your house in the meantime. I worry that the longer it's on the premises they could argue any 'defects' were caused by general wear and tear.

Hi PlanB,

I would appreciate any help at the moment as I am really unwell.

[PlanB]

Re: Flossy UE Diary & YB Hassle

Hi PlanB,

I would appreciate any help at the moment as I am really unwell.

So sorry to hear you're having such a bad time

I'll call you at home tomorrow after 11 am That's a promise.

[Flossy]

Re: Flossy UE Diary & YB Hassle

So sorry to hear you're having such a bad time

I'll call you at home tomorrow after 11 am That's a promise.

Thanks PlanB. Really appreciate it... x

[CleverClogs (RIP)]

Re: SCS & Creation Loan

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.

TA?

One might suppose that such a threat could have remarkable results, as their 'minds' would certainly be better focussed by the involvement of the Territorial Army.

[Flossy]

Re: SCS & Creation Loan

TA?

One might suppose that such a threat could have remarkable results, as their 'minds' would certainly be better focussed by the involvement of the Territorial Army.

Ive missed you CC ...

I did wonder about the TA but, as you say they actually would have their minds more focussed and they would be in a very fit condition to carry the sofa out of my home back to SCS!!!

[Flossy]

Re: SCS & Creation Loan

UPDATE - CREATION

Since I last spoke about the damn sofa I have not done anything nor responded to Creation!

I know I probably should have even just to acknowledge their letter and to say that I was far too ill at the time to be dealing with this problem and that I was either going to ask them to remove (as suggested above) the sofa within 7 days before I contact the FOS. Or that I was too ill at the time and this would have to be dealt with at a later date? Or that I would allow them to send someone out to inspect the sofa and arranged a time and date of when it was convenient for me and not them!?

As its now been left I feel that I should at least respond now with a letter. I am a bit unsure as to what to do but, like PlanB has pointed out that the longer I have the sofa the more they are likely to say that this is just general ware and tare! Either way I want rid of the sofa and while I wait to for answers on my UE diary of what I am sending where I can be dealing with this with a simple letter.

I wonder what Paul thinks? If you are around Paul can you give me an idea of the best way forward please? Also PlanB and I have spoken about this and has helped me a great deal. I hope PlanB is okay and not feeling to poorly.

[PlanB]

Re: SCS & Creation Loan

Morning.
I've re-sent you my PM with the outline of a letter to send to Creation by email which is quicker (since you've missed their deadline) and send a copy by post recorded delivery when your carer next shows up. You should threaten them with Trading Standards (not FOS) for a breach of the Sale of Goods Act due to the sofa being both faulty and not the one your originally ordered. Also say that you have taken *advice* on the matter and then add the contents of Paul's post #77 where I've said "add Paul's quote" which is about s.75 of the CCA making the creditor Creation jointly liable for this fiasco. Cut & paste the highlighted bit if I were you because that's quicker than typing it all out again and you're not well. It's good to quote the law because it makes creditors think we know what we're talking about even when we don't but at least Paul does The object of the exercise is to get that damn sofa off the premises and to make Creation take responsibility for their legal duty to deal with this complaint

Also put in a call to your local council Trading Standards' officer and tell them that you have previously reported this company and they've done nothing Ask to speak to the Manager and request a copy of the council's Complaints Handling Procedure because you wish to report his department. Tell them you have obtained legal advice and you've been told that Scumbag Sofas (a trader) is in breach of the Sale of Goods Act (don't be fobbed off with any suggestion of a 12 month limit because that doesn't exist!) and Creation (jointly liable) won't comply with s.75 CCA . But if Trading Standards would like to 'reconsider their position' and take your complaint seriously then you're willing to give them that opportunity before you'll be forced to refer them to the Local Authority Ombudsman . . . You can also offer to email Trading Standards a copy of your letter to Creation so that they can see the law for themselves just in case they've forgotten how to do their job properly

Have a nice day

[Flossy]

Re: SCS & Creation Loan

Thanks PlanB.

I completely forgot where I was up to with this! I forget things especially when I have been ill and the medications. Then I go on to something else and forget.. At least my name is right being "Dizzy Blonde" :-)

I will get a letter done soon with everything and get my carer to post it for me. I am always off line between 2-5 with my carer so, will try and put your PM and Pauls quote together later.

Thanks PlanB x