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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 78647
Experience:  Qualified Solicitor
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I I purchased sofa’s from SCS furniture in 2021 and the

Customer Question

I Hi there,I purchased sofa’s from SCS furniture in 2021 and the sofas came damaged they excepted liability rearrange for them to be picked up and exchanged for the second set to arrived damaged as well. We did not accept them and complained from the start it’s now 2022 and we still have no sofas and have in fact finished paying for the sofas in full. The company stated we could change the sofa’s for different ones since 2 have been delivered and come with damage first was damaged via delivery second set came from warehouse damaged with defect. Since picking new sofas in 2021 from Stevenage store at the time we still had remaining finance on the sofas it was said we didn’t have to pay the sofa difference in a way of compensation just pay remaining balance on our standing sofas. Then we was told this isn’t the case and we have to pay the difference and set up a new v12 financial agreement going forward we have been pushed pillar to post with incorrect information and up to date have no sofasQ.1 Where do we go from hereQ.2 What consumer rights do we haveQ.3 What level of compensation are we entitled to.Please help as it’s been going on for 1/12 years and I don’t know what else to do I have asked the company ScS furniture for final response.
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: No I live in UK
JA: What steps have you taken so far?
Customer: every step I just outlined
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no I’ve stated everything
Submitted: 10 days ago.
Category: Law
Expert:  Ben Jones replied 10 days ago.
Hello, I’m Ben, a solicitor, and it’s my pleasure to assist you. I may ask for some preliminary information to help me determine the legal position.
Customer: replied 10 days ago.
Ok
Customer: replied 10 days ago.
I just paid 5 pounds what was that for
Expert:  Ben Jones replied 10 days ago.

I understand you have been experiencing some issues with SCS Furniture. So that I can best advise, what are you ideally hoping for given the circumstances?

Customer: replied 10 days ago.
To be fully compensate
Expert:  Ben Jones replied 10 days ago.

How much do you hope to claim?

Customer: replied 10 days ago.
Cancel and refund my £5
Expert:  Ben Jones replied 10 days ago.

Hi there. Phone calls are an additional service, which is entirely optional. You do not need to choose to request a phone call as I am still here to deal with your original query in writing over this chat.

Customer: replied 10 days ago.
No thank you refund my money I do not wish to continue
Expert:  Ben Jones replied 10 days ago.

I am an independent user on this site, in the same way as you are, which means that unfortunately I have no involvement in the billing side of things. If you need to query anything to do with billing, charges or membership, you may be able to take certain actions by going to your account on this site. Alternatively, please contact the site’s customer service team directly. You can find their contact details by following this link: https://www.justanswer.co.uk/help/contact-us. Hopefully, they will resolve any issues you have to your satisfaction.

Expert:  Ben Jones replied 9 days ago.

If you do not wish to continue, I will give you a general answer anyway, in case it is helpful:

When a private consumer makes a purchase from a business seller, they have certain 'statutory' rights under the Consumer Rights Act 2015. If you wanted to refer to the legislation directly, please follow this link:

https://www.legislation.gov.uk/ukpga/2015/15/contents/enacted

The Consumer Rights Act 2015 specifically states that there is an expectation that goods must be:

- of satisfactory quality – they must not be faulty or damaged

- as described – they must match any description given at the time of purchase

- fit for purpose – they should be fit for the purpose they are supplied for

If they do not meet the above requirements, the consumer will have certain legal remedies against the seller. Any rights against the manufacturer will only be under a manufacturer’s warranty or guarantee that came with the goods, which is entirely separate. It is, however, important to note that there is no protection against fair wear and tear, misuse or accidental damage.

Expert:  Ben Jones replied 9 days ago.

If the goods do not meet any of the above criteria, the consumer’s rights against the seller are:

1. Reject the goods and request a refund – this is known as the ‘short-term right to reject’ and must be applied within 30 days of purchase or, if later, delivery.

2. Repair or replacement – this is still an option in the first 30 days, if the consumer does not want a refund and becomes the standard options after the 30 days have passed. It is the consumer’s choice as to whether they choose a repair or a replacement. If a repair is chosen, the seller is given one opportunity to provide a satisfactory repair, meaning that if it fails, the goods can still be rejected for a refund, even after the initial 30 days have passed. Alternatively, if the consumer wants to keep the goods, they can ask for a price reduction, based on what is wrong with them. That is something to be negotiated with the seller.

An important aspect of the Consumer Rights Act 2015 is that there is an assumption that any issues complained of, which have become obvious or developed within the first 6 months of buying the goods, were present at the time of purchase. If the seller disagrees that his was the case, it would be up to them to prove otherwise, if challenged in court. On the other hand, any issues which develop more than 6 months after purchase, are assumed not to have originated at the point of sale and it is for the buyer to prove otherwise if challenged in court.

Once a decision has been made on which of the above rights to pursue, the seller should be contacted, preferably in writing, to discuss that with them. If they refuse to discharge their legal obligations under the Consumer Rights Act 2015, a formal letter before action should be sent, asking for the desired resolution and making it clear that legal action could follow through the courts.

In the event this matters needs to be taken further, the following are the relevant links:

A report to Trading Standards can be submitted first: https://ssl.datamotion.com/form.aspx?co=3438&frm=general&to=flare.fromforms

Afterwards, a claim can be pursued in The County Court: https://www.moneyclaim.gov.uk/web/mcol/welcome

Expert:  Ben Jones replied 9 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Expert:  Ben Jones replied 9 days ago.

I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.