Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • lg13mza
    • By lg13mza 10th May 17, 3:18 PM
    • 74Posts
    • 25Thanks
    lg13mza
    SCS and rejecting within 30days
    • #1
    • 10th May 17, 3:18 PM
    SCS and rejecting within 30days 10th May 17 at 3:18 PM
    We took delivery of a leather sofa that has cosmetic faults. These we reported on the day of delivery. They say they have recorded out initial complaint as the day of delivery but want to send out Ecomaster to inspect the sofa. They have messed us around with appointments and the next arranged one will go beyond the 30 days for rejection. I suspect this is a deliberate stalling tactic. SCS say the won't arrange collection without a 'independent' assessment of the damage. I guess that is fair enough, but again I think it is just another stalling tactic. Is my position compromised if I allow this inspection to go ahead and fall outside the 30 days? Or can I insist they take it away.
Page 1
    • cono1717
    • By cono1717 10th May 17, 4:07 PM
    • 644 Posts
    • 452 Thanks
    cono1717
    • #2
    • 10th May 17, 4:07 PM
    • #2
    • 10th May 17, 4:07 PM
    I believe the fact you made them aware within the first 30 days is enough to satisfy the requirements for a rejection.

    Edit: Though I would get their acknowledgement in writing.

    Did you purchase in store or online?
    • lg13mza
    • By lg13mza 10th May 17, 4:16 PM
    • 74 Posts
    • 25 Thanks
    lg13mza
    • #3
    • 10th May 17, 4:16 PM
    • #3
    • 10th May 17, 4:16 PM
    it was in store. I rang CAB. As we have reported the issue to them we are covered. the fact the are sending someone is acknowledgment enough apparently. and we have to give them the opportunity to inspect. If they miss another appointment we will take it from there.


    Obviously I've also made the credit card company aware. they were more than helpful.
    • unholyangel
    • By unholyangel 10th May 17, 5:11 PM
    • 11,597 Posts
    • 8,734 Thanks
    unholyangel
    • #4
    • 10th May 17, 5:11 PM
    • #4
    • 10th May 17, 5:11 PM
    You have 30 days to exercise your right to reject - it sounds like you have exercised that right. As above though, good idea to get something in writing that would prove this in case any disputes arise.

    Even if you had accepted a repair/replacement, the time limit for the short term right to reject would stop running from when you informed the trader until the trader supplied the repaired/replacement goods. The 30 day period may even be extended slightly (maximum of 7 days) if the repaired/replacement goods also do not conform to contract.
    Money doesn't solve poverty.....it creates it.
    • lg13mza
    • By lg13mza 11th May 17, 1:26 PM
    • 74 Posts
    • 25 Thanks
    lg13mza
    • #5
    • 11th May 17, 1:26 PM
    • #5
    • 11th May 17, 1:26 PM
    The CAB guy said if we did accept the repair (which we won't!), you'd get another full 30 days to reject.
    • unholyangel
    • By unholyangel 11th May 17, 1:37 PM
    • 11,597 Posts
    • 8,734 Thanks
    unholyangel
    • #6
    • 11th May 17, 1:37 PM
    • #6
    • 11th May 17, 1:37 PM
    The CAB guy said if we did accept the repair (which we won't!), you'd get another full 30 days to reject.
    Originally posted by lg13mza
    He's wrong.

    (6)If the consumer requests or agrees to the repair or replacement of goods, the period mentioned in subsection (3) or (4) stops running for the length of the waiting period.

    (7)If goods supplied by the trader in response to that request or agreement do not conform to the contract, the time limit for exercising the short-term right to reject is then either—
    (a)7 days after the waiting period ends, or
    (b)if later, the original time limit for exercising that right, extended by the waiting period.

    (8)The waiting period—
    (a)begins with the day the consumer requests or agrees to the repair or replacement of the goods, and
    (b)ends with the day on which the consumer receives goods supplied by the trader in response to the request or agreement.
    So if (for example) you asked for a repair on the 7th day after purchase, trader repairs the goods and delivers them back to you, you would then have a further 23 days from the day you received the goods back.

    If however you asked for a repair on day 28, when the trader delivers them back you would have 7 days
    Money doesn't solve poverty.....it creates it.
    • lg13mza
    • By lg13mza 17th May 17, 1:19 PM
    • 74 Posts
    • 25 Thanks
    lg13mza
    • #7
    • 17th May 17, 1:19 PM
    • #7
    • 17th May 17, 1:19 PM
    Ok. Maybe I miss-understood then.


    Good news is, our credit card company (amex) have already given us the money back! Can't believe it as we are still waiting on the inspection. they just asked for photos of the damage, copy of invoice and copy of web page and that was it. Money is back in my account and we still have the sofa for the moment. Just goes to show how important it is use your credit card and to call on them when you need to. They have been really helpful throughout the process.
    • DoaM
    • By DoaM 17th May 17, 4:31 PM
    • 3,565 Posts
    • 3,613 Thanks
    DoaM
    • #8
    • 17th May 17, 4:31 PM
    • #8
    • 17th May 17, 4:31 PM
    Was this a Section 75 claim or a Chargeback?

    If S75 then the money is safe ... if a Chargeback then the retailer can still refuse/dispute it and the money could be debited again.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

2,365Posts Today

7,959Users online

Martin's Twitter