RetailADR - SCS

MrsJKnox

I ordered a sofa online from SCS which was delivered back in December 2020.  We ordered a black leather sofa but what we received was a dark grey, or so we believe.  We raised a complaint with the RetailADR who have finally come back to say we have the right sofa.  We have supplied copious images to support our claim but the only one they have included in the report is the one the delivery driver took stating that our pictures were taken too close to the product and that light would change the colour.  We appear to have no come back on this at all and wondered if you could offer any advice.  We tried desperately to obtain colour swatches from SCS but were declined and the shops were of course shut due to lockdown.  All we want is for somebody to come and see it in person and compare with the swatches.  If we are wrong, we'll hold our hands up.

Sandtree

Shops are now reopened so can you not go in and get swatches now?

How did you get to the ADR in the first place? Was it at the suggestion of SCS or the courts? Assuming its not the court and you think you have a case then send a letter before action and then issue court proceedings if they dont respond as you request.

unholyangel

Sandtree said:

Shops are now reopened so can you not go in and get swatches now?

How did you get to the ADR in the first place? Was it at the suggestion of SCS or the courts? Assuming its not the court and you think you have a case then send a letter before action and then issue court proceedings if they dont respond as you request.

Public departments (such as HMCTS) won't recommend private companies (which retailADR are). So will likely be SCS, as they're a retailADR member. 

Sandtree

unholyangel said:

Sandtree said:

Shops are now reopened so can you not go in and get swatches now?

How did you get to the ADR in the first place? Was it at the suggestion of SCS or the courts? Assuming its not the court and you think you have a case then send a letter before action and then issue court proceedings if they dont respond as you request.

Public departments (such as HMCTS) won't recommend private companies (which retailADR are). So will likely be SCS, as they're a retailADR member. 

The courts can and do encourage the use of ADR, in some cases even forcing it... I am not sure of any ADR that isn't in the private sector?

unholyangel

Sandtree said:

unholyangel said:

Sandtree said:

Shops are now reopened so can you not go in and get swatches now?

How did you get to the ADR in the first place? Was it at the suggestion of SCS or the courts? Assuming its not the court and you think you have a case then send a letter before action and then issue court proceedings if they dont respond as you request.

Public departments (such as HMCTS) won't recommend private companies (which retailADR are). So will likely be SCS, as they're a retailADR member. 

The courts can and do encourage the use of ADR, in some cases even forcing it... I am not sure of any ADR that isn't in the private sector?

You're not sure of citizens advice, acas, financial ombudsman etc? 

A court may encourage ADR, but they're still not going to promote a private company. Imagine a department starts promoting Waitrose as an approved supermarket. All of a sudden Asda, Tesco, ocado, m&s, Sainsbury's are upset because a service they all pay tax to support is promoting one of their competitors.

Impartiality is one of the foundations of our public services. 

Sandtree

No

Google "court ordered ADR" and you will find hundreds of articles, whilst in some cases, Lomax -v- Lomax the court ordered it against the wishes of one of the parties in most cases its more a cost risk if one side decides not to properly engage in the ADR. Similarly in McParland -v- Whitehead the judge stated:

Finally, the court encouraged the parties to proceed to a privately arranged mediation as soon as disclosure had occurred, since both sides agreed that it was necessary to see from disclosure whether their suspicions were justified before a useful mediation could take place. The claimants suspected more extensive breaches by the defendant, and the defendant suspected an absence of loss of business by the claimants. In this connection, I mentioned the recent Court of Appeal decision of Lomax v. Lomax [2019] EWCA Civ 1467 (“Lomax”) to the parties. The question in Lomax was whether the court had the power to order parties to undertake an early neutral evaluation under CPR r.3.1(2)(m). It was held that there was no need for the parties to consent to an order

To the best of my knowledge the court simply requires the parties to attempt ADR (or to go to a  supermarket in your analogy) rather than say use one ADR provider over another though in practical terms it's not fully clear how it works.  

MrsJKnox

SCS wouldn't do anything about it so told us to register a complaint via the RetailADR which we did.  Took them 3 months to come to this decision.  

MrsJKnox

unholyangel said:

Sandtree said:

unholyangel said:

Sandtree said:

Shops are now reopened so can you not go in and get swatches now?

How did you get to the ADR in the first place? Was it at the suggestion of SCS or the courts? Assuming its not the court and you think you have a case then send a letter before action and then issue court proceedings if they dont respond as you request.

Public departments (such as HMCTS) won't recommend private companies (which retailADR are). So will likely be SCS, as they're a retailADR member. 

The courts can and do encourage the use of ADR, in some cases even forcing it... I am not sure of any ADR that isn't in the private sector?

You're not sure of citizens advice, acas, financial ombudsman etc? 

A court may encourage ADR, but they're still not going to promote a private company. Imagine a department starts promoting Waitrose as an approved supermarket. All of a sudden Asda, Tesco, ocado, m&s, Sainsbury's are upset because a service they all pay tax to support is promoting one of their competitors.

Impartiality is one of the foundations of our public services. 

This definitely feels bias towards the retailer and not at all impartial.  We supplied so many pictures that clearly show the sofa isn't black.  As it is leather, they won't provide us samples we can bring home so our only option was taking pictures.  Their website shows the colours (we ordered online) and the colour we have clearly matches that of the 'Flint' not 'Black'.  So frustrating.

Sandtree

The Retail ADR are the same bunch that originally called themselves the Retail Ombudsman if memory serves me right, though they run a number of other ADR services too and state its on a not for profit basis (to somewhat address the previous comments on making companies rich).

As they are authorised to do aviation based ADR work they are licensed by the CAA and for the rest Chartered Trading Standards Institute looks after ADR providers outside of regulated industries.

Personally had a dislike of them from their calling themselves an ombudsman however its a gut reaction rather than any digging into them or experience. 

Ultimately your choices are to either accept what they say or go down the court route by a letter before action and then issuing. You have 6 years from the breach of contract so it may be worth waiting until the swatch service restarts and then check against the item received

JetpackVelociraptor

Most sofas, even leather ones, have a sample attached to them somewhere. If there is one, it could be under the seat cushion, behind the back cushion, or attached somewhere to the very base of the sofa. Alternatively if one of the cushions is detachable you can use that.

Instead of getting them to give you a swatch for the leather colour, which they clearly don't want to do, bring your own sample or cushion to your local store and photograph it next to the swatch or display model they have in store. That will show you whether yours is the colour you ordered or not.

MrsJKnox

JetpackVelociraptor said:

Most sofas, even leather ones, have a sample attached to them somewhere. If there is one, it could be under the seat cushion, behind the back cushion, or attached somewhere to the very base of the sofa. Alternatively if one of the cushions is detachable you can use that.

Instead of getting them to give you a swatch for the leather colour, which they clearly don't want to do, bring your own sample or cushion to your local store and photograph it next to the swatch or display model they have in store. That will show you whether yours is the colour you ordered or not.

Great idea - thanks