Returning Item to SCS

cookie666

Ordered a kitchen table and chairs for a new kitchen - the item was delivered on 29/11/23.
On 13/12/23 realised that due to changes in the kitchen, it would not fit anymore, sent a message via the Online Contact Form to request a return.
Called AM 14/12/23 to try to arrange, and was told someone would call back (no existence of online form query).
Late PM 14/12/23 called again, was told that since it was past the 14-day return policy, tough cheese, asked for a manager to call me back....
15/12/23 told that if I pick a replacement then they would sort something out.
Not ready to pick one yet, need to get rid of this one as it's in the space.

I'm fully prepared to pay for the return delivery (£99 I think) but would have hoped they would be more forthcoming and helpful as potentially going to order a replacement from them if possible and get a new sofa.....

Can anyone tell me what the rules are on this, suck it and see, complain more, tough cheese?

soolin

Did you order online or in a store? 

cookie666

Ordered it online

the_lunatic_is_in_my_head

Cancellation period is:

https://www.legislation.gov.uk/uksi/2013/3134/regulation/30

(3) If the contract is a sales contract and none of paragraphs (4) to (6) applies, the cancellation period ends at the end of 14 days after the day on which the goods come into the physical possession of—

(a)the consumer, or

(b)a person, other than the carrier, identified by the consumer to take possession of them.

Is my maths off or is the 13th of Dec not within that time if delivered on the 29th of Nov?

sheramber

the_lunatic_is_in_my_head said:

Cancellation period is:

(3) If the contract is a sales contract and none of paragraphs (4) to (6) applies, the cancellation period ends at the end of 14 days after the day on which the goods come into the physical possession of—

(a)the consumer, or

(b)a person, other than the carrier, identified by the consumer to take possession of them.

Is my maths off or is the 13th of Dec not within that time if delivered on the 29th of Nov?

OP states she called  14th December to arrange return

Aylesbury_Duck

It's within the 14 days if OP is correct with their dates.  The problem may be that the request for return was picked up on day 15, perhaps?  Or that OP didn't cancel their contract as the consumer rights allow for an online sale, but simply 'requested a return' which SCS have interpreted differently.

Either that or SCS have misunderstood the law and think the 14 days is from purchase rather than delivery.

the_lunatic_is_in_my_head

Aylesbury_Duck said:

It's within the 14 days if OP is correct with their dates.  The problem may be that the request for return was picked up on day 15, perhaps?  Or that OP didn't cancel their contract as the consumer rights allow for an online sale, but simply 'requested a return' which SCS have interpreted differently.

Either that or SCS have misunderstood the law and think the 14 days is from purchase rather than delivery.

The consumer only has to give notice so the date of messaging would be the date in question (obviously SCS CS might not realise this), I did wonder about the wording of the message but find it unlikely OP would use general "I'd like to return" language on the 13th to then on the 14th suddenly say "I'd like to cancel my contract", I doubt the call centre staff even know the legislation or the difference really. 

OP I would point them to the above and state the time you contacted them was within the normal cancellation period, the goods are available for their collection and as they have offered to collect the goods they have 14 days from the 13th to refund you otherwise you'll recover the money via small claims. 

cookie666

Item was delivered on 29th, I used the contact form on the 13th and called on the 14th first thing to follow it up. 

The item was purchased on finance and has yet to start being paid for (I paid £100 deposit). In the return I used this language from their T&Cs (cut and pasted)

"you have the right to cancel the contract for the purchase of those product(s) without giving any reason by giving us notice under section 1.2.8(d). Notice must be given within 14 days from the day on which you, or anyone on your behalf (apart from a carrier) takes delivery of the product(s)"

the_lunatic_is_in_my_head

Thanks OP, who is the finance with? 

cookie666

Finance is with V12

cookie666

Update, they are collecting in next week!