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SCS furniture
Comments
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I have looked at the FO website and it says that the financial side should be given 8 weeks to send a final decision and then file a complaint with them if the outcome is unreasonable
yes you can beat it :j - everyday is a bonus - use it well1 -
Sorry long thread, do you already have an official complaint open OP or just a Section 75 claim?
In the game of chess you can never let your adversary see your pieces0 -
Yes indeed one could use the FOS instead although I don’t believe they are bound to follow consumer law (which seems odd to me given the bank has to).
In the game of chess you can never let your adversary see your pieces0 -
Yes i sent complaints to scs on 26 marchand v12 on 31st march v12 emails are headed complaint update
yes you can beat it :j - everyday is a bonus - use it well0 -
FOS can't just ignore the law but are required to use woolier concepts of fair and reasonable, as defined by section 228(2) of the Financial Services and Markets Act 2000:
A complaint is to be determined by reference to what is, in the opinion of the ombudsman, fair and reasonable in all the circumstances of the case.
and they clarify that:
We take into account the law, codes and good practice that applied at the time of the event
rather being exclusively driven by the law in the way a court will be.
This does effectively mean that anything that could be perceived as a variance from the strictly legal position can only be to the consumer's advantage, as the consumer still has the right to take the case to court, whereas an ombudsman decision is binding on the financial institution if accepted by the consumer, although there was this case where FOS was effectively overruled by a court on the basis that "the Ombudsman’s Decision proceeded on an inaccurate approach to the law":
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Then the OP should go with my suggestion in my post at 5:10pm this afternoon.
Quote s20(15) to SCS and the finance company and tell them that he wants paid (incl inspection fee) no later than 04 May.
If they don't cough up by 04 May the OP can decide what to do - although I suspect he's eventually going to have to send a Letter Before claim and possibly issue a claim.
(My only doubt about this is the £336 inspection fee seems a bit steep(?).)
NB - I've not seen the independent report but my suggestions above assume that it justifies the exercise of the short-term right to reject for a full refund
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just as an aside, i am a she 😁
I decided on the independent inspectors because of exceptional reviews and a very informed conversation with him, i do accept that the fee did include travel costs from derbyshire to hertfordshire and of course VAT
The report is very lengthy and includes laser measurements, photographs and video and a very comprehensive summary of how and why springs and fillings and manufacture have failed.
yes you can beat it :j - everyday is a bonus - use it well0 -
£336 paid for the inspection.
At first consideration that seems a bit steep, however if the inspection is by a SQEP(*) holding the necessary accreditations, insurances and such like then the rate is going to be in line with the rates for a professional person. In that context, £336 is not steep.
I suspect that the £75 SCS have suggested is their calculation of what it would cost them for their in-house inspector. That is, to some extent, irrelevant.
However, if the OP is located in Hertfordshire, was there no SQEP available more locally? Did the OP obtain competitive quotes before selecting the inspector that was selected?
(*) SQEP = Suitably Qualified and Experienced Person
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Thank you @eskbanker 🙂
OP if you don't want to do LBA and small claims you can do the FOS (it is probably easier, personally I think the LBA will get them moving).
If you want to do FOS I'd send them something like the below (please check for typos):
Thank you for your communication, unfortunately your proposal to contact me again in 8 weeks is unacceptable, in accordance with the Consumer Rights Act the refund must be made as per:
https://www.legislation.gov.uk/ukpga/2015/15/section/20
(15)A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund.
Your agreement in the matter is matter of fact and as I have provided comprehensive evidence, from an extensive independent inspection, that the goods do not confirm to the contract in terms of satisfactory quality, as required under Section 9 of the CRA, unless you wish to provide evidence to the contrary, without undue delay, then a refund is due within 14 days of my evidence having been provided to you.
Should you wish to seek to provide evidence to the contrary, please be aware that neither a representative of yourself nor SCS is permitted to trouble me at my home, in such an event you shall be required to collect the sofa and inspect the goods at your convenience, rather than mine.
Should a refund (of the full order value and the full inspection cost) not be received within 14 days of this communication, as this is an official complaint, it shall be escalated to the FOS at the earliest timeframe permitted in order to seek compensation for being treated unfairly by your failing to act in accordance with your obligations.
Should a refund not be forthcoming at all then I shall of course seek compensation plus the full refund and the full inspection fee from the FOS.
My time is valuable, as such this is my last communication on the matter as I feel there is nothing further to add to what is a rather simple situation. Please be aware I am no longer in communication with SCS, I am seeking to exercise my rights to remedy this breach of contract solely against yourself in accordance with Section 75 of the Consumer Credit Act 1974.
I trust this matter shall be resolved promptly and without the need to further expend my time by having to raise this matter to the FOS.
Thank you in advance for your prompt attention.
Sincerely.
In the game of chess you can never let your adversary see your pieces0 -
thank you so much.
the part that concerns me is where it says that "the trader agrees that the consumer is entitled to a refund"
neither scs or v12 have agreed
does this part matter ?
the old brain is whizzing in circles 😂
yes you can beat it :j - everyday is a bonus - use it well0
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