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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I brought a 3 seater sofa from scs Milton Keynes for total

Customer Question

I brought a 3 seater sofa from scs Milton Keynes for total of £608.00 December 26 2013.
I took the measurement from there internet site and my old sofa was 3 cm longer then the new 1 but a very different style.
Live in a block of flats on the second floor with stairway as only way to access my flat.
Unsure if new sofa would fit, I went to the store and asked the assistant, explained my old sofa was little bit bigger had to be forsed though the stairway and into my flat.
Asked if there would be any issues with delivering the new sofa.
Repeatedly express my concerns over delivery and was told they could deliver.
Terms and conditions about failed deliveries, cost to dismantle or to cancel order was never explained eventho I kept asking about any issue that may acure.
Signed paperwork and paid in full as I was declined paying monthly and was then given there terms and conditions.
I did not read them as I was happy that they told me they could deliver.
First attempt at delivery failed as delivery driver claim my second stairway is smaller then the first eventho each stairway and flat is of the same throughout my block of flats.
Was advised that scs would call, I had to call them.
Arranged second delivery following week.
Advised scs that I had started a new job and could not keep coming out of work for them to keep failing delivery. Was told that it is company policy that they have to send a second delivery team to delivery sofa.
The same team arrived to deliver my sofa and refused due to company policy.
I spoke with the delivery team explained about my old sofa, that I had gone into the store to make sure it would fit and that there would be no issues with delivery.
They explained to me that the sales team don't care about issue with deliveries they only care about getting a sale. If I had asked for it to be posted though my letter box and would it fit, they would tell me it would.
I contacted scs again and had to call them back 3 days later after they failed to call me back about the second failed delivery.
Scs kept telling me that this is my issue, that it is my fault the sofa does not fit. That I had to take deliver of the sofa as I paid in full. That I could not cancel the order, That they do not have to explain there term and conditions it's down to the customer to read them, and that the sofa was not mis sold to me.
I then read there terms and conditions and explained to them that I can cancel my order, in which they told me I could but they will charge my 25% £154.
Not happy with this I wrote to there head office in Sunderland on 26 February to ask for a full refund as I believe that under the sales of goods act this sofa has been mis sold to me as they can not deliver.
Again I heard nothing from scs. I wrote again on 21 April at there head office. Scs Milton Keynes then called me this week and again they keep telling me it's all my fault, and all they will refund me is £456. From my £608.
What I wish to know is that what scs are telling me right?
And if the £456. They wish to refund me from the £608 I paid correct.
Could I take this further and how?

Many thanks.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Did you order online or in store?
JACUSTOMER-o6bop15q- : In store
Alex Watts : You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
Alex Watts : If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: or by completing form N1 and take it to your local County Court.
Alex Watts : The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
Alex Watts : If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-o6bop15q- : Scs have already said they will refund me but they want me to pay a cancellation charge to do so which amounts to £154. I have already written to them and asked them to reply in 14 days .
Alex Watts : You sue for the £154 disputed.
Alex Watts : You can skip it and issue proceedings then if you wish
Alex Watts : Can I clarify anything else?
JACUSTOMER-o6bop15q- : Will I win if I take them to court? I don't have any money to be spending out on this. Would to just be easier to take what they have already offered?
Alex Watts : Yes you are likely to.
Alex Watts : The sofa was not as described.
Alex Watts : Does that claiify?
Alex Watts : clarify?
JACUSTOMER-o6bop15q- : my issue is with delivery , the description of the sofa was correct. They advised they could deliver but failed twice and scs say measuring the sofa is on the customer and the customers to make sure it fits in?
Alex Watts : Yes but the measurements were not as per the indications you had been given.
Alex Watts : I do think you have a case. They are likely to refund as it will cost them more to fight it than refund you.
Alex Watts : Does that clarify?
JACUSTOMER-o6bop15q- : Yes thank you.
Alex Watts : If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.Please bookmark my profile if you wish for future help:
Alex Watts :

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