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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48190
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I purchaced a sofa from scs and when it arrived it was

Customer Question

i purchaced a sofa from scs and when it arrived it was damaged. I have been in constant contact with them. I was asked if an upolstere could call which he did and he deamed the sofa unviable to repair. I have asked for a full refund and have been toing and frowing for over two weeks they have now said they will not refund my money. I have no confidence in them and i do not want a like for like and there is nothing in the shop i desire, so a refund is what i have said i want. They are refusing to give me a refund and have tried to fob me of by offering me a sofa of more value. They do not understand i do not want another sofa from them as there is nothing i like. What are my rights. lynne
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 1 year ago.

How long ago did you purchase it? Also, did you buy it online or in-store?

Customer: replied 1 year ago.
i ordered the sofa 28/5/2016 and paid a deposit of £591.00 i then paid the balance on the 13/7/2016 and delivery was on the 21/7/2016. this was all done in store.
Expert:  Ben Jones replied 1 year ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you in a short while. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.

Customer: replied 1 year ago.
Hi Ben, just wondering if you have been able to find anything.
Lynne
Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. When a consumer makes a purchase from a business seller, they will have certain 'statutory' rights under the Consumer Rights Act 2015. The law states that the goods must be:
• of satisfactory quality – they must not be faulty or damaged when you receive them;
• as described – they must match any description given to you at the time of purchase; and
• fit for purpose – they should be fit for the purpose they are supplied for,

If they do not match the above requirements, you will have certain legal remedies against the seller:

1. Reject them and request a refund - this is only possible if the rejection occurs within 30 days of purchase.

2. Ask for a repair or replacement – if you are too late to reject the goods or do not wish to get a refund straight away, you can ask the seller for a repair or replacement. If a repair has been arranged but has failed, or if a repair or replacement are not possible, you are still entitled to ask for a refund, or a price reduction. Alternatively you could get a second repair or replacement at no extra cost to you. However, the retailer can refuse if they can show that your choice is disproportionately expensive compared to the alternative.

So whilst you have asked for a refund you can only pursue this now if you had made that request within the initial 30 days. If you only decided on a refund after the initial 30 days, then it is too late to reject it for a refund and you can only get a repair or replacement.

Assuming that you did reject it within the initial 30 days, you can quote the applicable rights you have under the Consumer Rights Act as mentioned above. If they appear reluctant to assist, write to them one more time, warn them that they have 7 days to comply and inform them that if they fail to meet their legal obligations, you will have no choice but to report them to Trading Standards and start legal proceedings to seek compensation for your losses.

This is your basic legal position. I have more detailed advice for you in terms of the steps you can take should they refuse to resolve this, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
I have said I will take legal action but they are still refusing. Alot of my conversations are over the phone. They offered me another sofa £200 over what i paid. I still have said i would like a refund but the are saying that thir legal team has advised then to offer ubove.What else can i do i will be ringing their head office when it opens at 9am. Lynne
Customer: replied 1 year ago.
What shoud i put in the letter or howshould this be worded..
Expert:  Ben Jones replied 1 year ago.

You cannot force them to refund you, if they refuse to do so then they can continue unfortunately. Instead of talking on the phone I suggest you start doing this in writing so you have a record of what has happened so far. There is a service called Resolver which is free and independent and you can use to complain to them:

http://www.resolver.co.uk/companies/scs-complaints/contact-details

You can also contact them directly via: *****@******.***.

You need to mention your rights under the Consume Rights Act as described. If needed you can also contact your local Trading Standards, you do so via the Citizens Advice Bureau.

In terms of taking this even further, then whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:

1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.

Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.

Customer: replied 1 year ago.
Thankful for your reply. As my problem has been in going since 22-7-16; the 30 days are fast approaching am I still covered under the 30 days if this goes over the time.
Expert:  Ben Jones replied 1 year ago.

that's not an issue this 30 day deadline is just so you can reject the sofa and request for a refund in that time, as long as you have done so then you can continue trying to resolve this, a claim in the courts can be lade within 6 years

Customer: replied 1 year ago.
Thankyou for your help. I wrote a letter using your info and citizens advise templates. I got an answer within 4 hours when a regional manager contact me . I explained all and she was very understanding and assured me she would handle this and arrange a pick up and refund to be given. The store contacted me about 1 hr later and a very disgruntled lady arranged the pick up. We have the relevent paperwork letter and are going to the store in the morning for the refund. Lynne
Expert:  Ben Jones replied 1 year ago.

Great news thanks for the update