Advice Needed - Issues with new sofa

jmr811

Hi all,

In November of last year I bought my mum sofas with SCS, which involved finance from Barclays. The original sofas I bought were recliners which failed to function after only two days. SCS sent staff out a couple of weeks later to fix the problem but it recurred two more times and so the cycle kept going on. We jumped through hoops to get SCS to replace the sofas as they started to sink on both sofas as well - a clear structural issue. They eventually complied and we chose two new sofas (not recliners). These arrived 12 weeks later. However, it then became apparent that the leather on each of the sofas was a totally different type and different shade of black (we're now into April of this year so even at this stage we were becoming frustrated that this had gone on so long!). SCS sent someone out a couple of weeks later to complete a report on the sofas. We didn't hear back from them after this so again had to chase them up to replace the sofas. Again, they eventually complied and we received our new sofas this week! We finally (9 months later) have the sofas we wanted in the condition we expected in the first place. However, we've been paying £80 a month up until now for sofas which were totally unsuitable/not as described.
My question is, would I be wrong to expect some sort of compensation given the circumstances? Can I claim for some under section 75 of the consumer credit directive? Or does anyone have any advice with regards to getting some of the money back? I have spoken to SCS about this already and they are refusing to budge on the issue so thought I'd try here for some advice. Thanks in advance.

unholyangel

Compensation for....? Compensation is something given in recompense for financial losses or injuries suffered. You don't seem to mention anyone being injured and nor have you offered any details suggesting that you incurred costs you would not have otherwise incurred had it not been for their breach. So I'm a bit puzzled what you're seeking compensation for.

If you mean for the hassle, theres no legal entitlement to it so you would be asking for a goodwill gesture. As there is no legal entitlement to goodwill gestures, a section 75 claim would fail as s75 only gives you a like claim against the creditor if you have a claim against the retailer (with claim meaning legal claim).

You could certainly try a s75 claim but I would expect the creditor (and subsequently the financial ombudsman) to reject it on that basis (that no liability arises).

jmr811

Hi,

Thanks for taking the time to write such a comprehensive and helpful reply. You've made it clear where I stand which is very much appreciated.