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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70526
Experience:  Over 5 years in practice
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I bought a 3 piece suite from SCS, paying cash - suite was

Resolved Question:

I bought a 3 piece suite from SCS, paying cash - suite was delivered on pre arranged date (May12th) but when delivered was not same as ordered - should have been a 'scatter cushion' design but one of couches was a 'standard back cushion' design - - this was pointed out to delivery people at time and they endorsed delivery note that it was incorrect, saying to contact store (Bolton). This was done same day and after supplying photos was informed that fault would be corrected asap. Also informed that at time of delivery 'base cloth' of one couch and chair was damaged - was informed that technician would be sent to evaluated.
After constant emailing & phone calls a third party technician was sent via SCS to fix the base cloth on Tuesday (2nd Aug)
I have telephoned store asking manager to recontact me but this has not been done,
This morning I have contacted the main customer service office based in Sunderland to see if they can sort anything out but I have have just been passed back to the Bolton store.
I have been informed that the cushions are still on order.
I have informed the store that they now have until Aug 12th to supply the said items otherwise the suite has to be collected and a full refund made - am I within my rights to do this ?
I have copies of all the email transactions with regards ***** ***** via a mediation site 'Resolver' as indicated on the SCS complaints page.
Thank you
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

I suppose you didn't agree that time was of the essence?

Customer: replied 1 year ago.
I explained that it was not right to expect it to take 3 months to make 3 cushions.
Expert:  Jo C. replied 1 year ago.

Yes, but you didn't use those specific words?

Customer: replied 1 year ago.
No I said 'that this had gone on long enough and that they now have until Friday 12th August to sort the problem out or to collect the suite and make a complete refund'
Expert:  Jo C. replied 1 year ago.

OK. Can I be clear ? Is this the wrong suite altogether or just the wrong cushion?

Customer: replied 1 year ago.
It is not the suite as ordered due to the cushion design - the 'standard back' design is completely different from the 'scatter back' design although both suites use the same furniture base.
I did read that under consumer rights act, this would possibly be classed as 'goods not as stated in agreement' ??
Expert:  Jo C. replied 1 year ago.

Sorry but I'm still not clear. Is this the cushion alone?

Customer: replied 1 year ago.
The suite was delivered with the incorrect cushions, yes, which in effect is the correct suite
Expert:  Jo C. replied 1 year ago.

Sorry for the delay.

It is quite difficult in this forum to tell the nature of the fault.

If they have delivered entirely the wrong suite then one wonders why they haven't just removed it altogether and replaced it with a new one.

Expert:  Jo C. replied 1 year ago.

However, even if it is just decorative, you are only under an obligation to wait for a reasonable period of time and this has been a very long delay.

Expert:  Jo C. replied 1 year ago.

My only real concern with demanding a full refund by the 12 August is that they really haven't been given adequate notice to make time of the essence.

Normally you would have to give them at least a 28 day period before you could demand a full refund.

That is not to say that it cannot be done but it has not so far here.

Can I clarify anything for you?

Jo

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