SCS Framework Guarantee

MrsMS

I bought my sofa suite beginning of 2019. (3 seater, armchair & pouffe)

My chair frame broke at the base just outside of my 12 warranty but SCS guarantee their frames for 20 years.

SCS repair guy came middle of 2020 and said the frame had a wood knot in it where it had snapped.
Therefore i was entitled to free repair.

I received an email a few days later saying the new frame was ordered and they'd get back in touch.

Then covid hit and the process stopped...... I chased it up a few months ago and today i got a call saying that the chair was deemed irreparable and they are offering £420 instore towards a replacement.

I can't replace my sofa set with £420 in SCS. It barely covers the cost of there cheapest sofa on its own.

If they cant replace mine then should i not get offered the next possible replacement at their cost
I cant find the full terms and conditions on their website but are they only responsible for the armchair and not the matching suite bought as a set.

I'd like to understand what my consumer rights are before i raise a dispute. I'd appreciate any advice

Sandtree

How does it show on your invoice? A single row of a "set" or 1 settee plus 2 chairs (or whatever you bought) over multiple rows? How much was the set and how much the individual item?

As the item is over 6 months old they are entitled to reduce the settlement to reflect the use you have had and you cannot insist on repair or replacement. They are presumably offering a reduced settlement just for the faulty item and considering you retain the remaining items which arent faulty so not refunded.

Alderbank

OP says they bought sofa, chair and pouffe.  It is the chair which has failed.

OP, the cost of a new sofa is not really relevant. Do they still do the chair? If so, what does a new one cost?  If about £600 then £420 after nearly 2 years is not generous but is reasonable and probably meets your consumer rights.

You are not entitled to have the entire set of furniture replaced.

Sandtree

Alderbank said:

OP says they bought sofa, chair and pouffe.  It is the chair which has failed.

OP, the cost of a new sofa is not really relevant. Do they still do the chair? If so, what does a new one cost?  If about £600 then £420 after nearly 2 years is not generous but is reasonable and probably meets your consumer rights.

You are not entitled to have the entire set of furniture replaced.

This is debatable, if its sold as a single "3 piece suite" then you almost certainly are able to consider the whole thing... any attempt to break down the price would be arbitrary anyway. 

If they were sold as separate items but on the same invoice (the issue I had with JL) CAB said only the defective item, Irwin Mitchell (Home Legal Expenses insurance) said possibly claim all items and Allen & Overy said certainly claim all items.

The outcome of my case was JL paid out on both the defective and non-defective items that were part of a set after I did the MCOL - this obviously doesnt mean the legal advice was correct, it could just not be cost effective for them to defend.

Alderbank

Useful feedback from Sandtree above.
Perhaps advisedly, the word 'suite' never occurs on SCS website (no pouffes either, though they do sell 'storage footstools'). I appreciate that a sales advisor might have used different descriptions in store.

They sell separate sofas, armchairs and footstools, sometimes in matching styles and the same upholstery.

The OP said they couldn't buy the even the cheapest sofa for £420. Currently the cheapest sofa is £290 and several sofas and armchairs are priced at less than £420.

Sandtree

Alderbank said:

Useful feedback from Sandtree above.
Perhaps advisedly, the word 'suite' never occurs on SCS website (no pouffes either, though they do sell 'storage footstools'). I appreciate that a sales advisor might have used different descriptions in store.

They sell separate sofas, armchairs and footstools, sometimes in matching styles and the same upholstery.

The OP said they couldn't buy the even the cheapest sofa for £420. Currently the cheapest sofa is £290 and several sofas and armchairs are priced at less than £420.

In which case it will fall into the same category as mine if the OP bought them all at the same time... appears legal opinion varies on if your right is to reject the object or the contract... I took the more optimistic advice and won but that wasnt tested by a judge

The other thing the OP should check is if the compensation requires the return of the item... if its just a cash settlement then it can easily be fixed for less than what they are getting.

MrsMS

Hi Guys. 
Thank you for your reply and I'm sorry for my delay.

The invoice has them listed separately (3 seater, snuggle chair and pouffe) but the price is a total amount. They're not priced invidually its one total.
I got it heavily discounted as it was ex display. I paid just over £900

(Not sure if I've replied to you all correctly)

Alderbank said:

Useful feedback from Sandtree above.
Perhaps advisedly, the word 'suite' never occurs on SCS website (no pouffes either, though they do sell 'storage footstools'). I appreciate that a sales advisor might have used different descriptions in store.

They sell separate sofas, armchairs and footstools, sometimes in matching styles and the same upholstery.

The OP said they couldn't buy the even the cheapest sofa for £420. Currently the cheapest sofa is £290 and several sofas and armchairs are priced at less than £420.

Sandtree said:

How does it show on your invoice? A single row of a "set" or 1 settee plus 2 chairs (or whatever you bought) over multiple rows? How much was the set and how much the individual item?

As the item is over 6 months old they are entitled to reduce the settlement to reflect the use you have had and you cannot insist on repair or replacement. They are presumably offering a reduced settlement just for the faulty item and considering you retain the remaining items which arent faulty so not refunded.

Alderbank said:

OP says they bought sofa, chair and pouffe.  It is the chair which has failed.

OP, the cost of a new sofa is not really relevant. Do they still do the chair? If so, what does a new one cost?  If about £600 then £420 after nearly 2 years is not generous but is reasonable and probably meets your consumer rights.

You are not entitled to have the entire set of furniture replaced.

This is debatable, if its sold as a single "3 piece suite" then you almost certainly are able to consider the whole thing... any attempt to break down the price would be arbitrary anyway. 

If they were sold as separate items but on the same invoice (the issue I had with JL) CAB said only the defective item, Irwin Mitchell (Home Legal Expenses insurance) said possibly claim all items and Allen & Overy said certainly claim all items.

The outcome of my case was JL paid out on both the defective and non-defective items that were part of a set after I did the MCOL - this obviously doesnt mean the legal advice was correct, it could just not be cost effective for them to defend.

OP says they bought sofa, chair and pouffe.  It is the chair which has failed.

OP, the cost of a new sofa is not really relevant. Do they still do the chair? If so, what does a new one cost?  If about £600 then £420 after nearly 2 years is not generous but is reasonable and probably meets your consumer rights.

You are not entitled to have the entire set of furniture replaced.

00 

MrsMS

Alderbank said:

OP says they bought sofa, chair and pouffe.  It is the chair which has failed.

OP, the cost of a new sofa is not really relevant. Do they still do the chair? If so, what does a new one cost?  If about £600 then £420 after nearly 2 years is not generous but is reasonable and probably meets your consumer rights.

You are not entitled to have the entire set of furniture replaced.

Sorry i missed your last question.
No, they no longer sell it and it was around 14 months that i reported it broken. Massive delay since because of covid 19.

MrsMS

Sandtree said:

Alderbank said:

OP says they bought sofa, chair and pouffe.  It is the chair which has failed.

OP, the cost of a new sofa is not really relevant. Do they still do the chair? If so, what does a new one cost?  If about £600 then £420 after nearly 2 years is not generous but is reasonable and probably meets your consumer rights.

You are not entitled to have the entire set of furniture replaced.

This is debatable, if its sold as a single "3 piece suite" then you almost certainly are able to consider the whole thing... any attempt to break down the price would be arbitrary anyway. 

If they were sold as separate items but on the same invoice (the issue I had with JL) CAB said only the defective item, Irwin Mitchell (Home Legal Expenses insurance) said possibly claim all items and Allen & Overy said certainly claim all items.

The outcome of my case was JL paid out on both the defective and non-defective items that were part of a set after I did the MCOL - this obviously doesnt mean the legal advice was correct, it could just not be cost effective for them to defend.

Great insight. Thank you