SCS - Do we have grounds for a chargeback?

WildWayz

Hey all

On December 28th, we went into a store and bought a sofa from SCS. We had to return our old sofa (not from SCS) due to it being uncomfortable, and the company we bought it from, had a 60 day no fuss return (and it actually WAS no issue to return it). We were sitting on camping chairs now.

Anyway, we went into the store and the sales advisor said there's a delay at the moment of 12 weeks maximum for delivery - and that it would be delivered by March 17th, or before. We told him this was fine, as we go away on holiday around then and if they could hold it until we were back. He agreed.

We signed the paperwork, I read it - no mention of delivery date on it. He then said the order email will come through later that day or the following day (email came 29th).

The email arrived, but I never checked it as I checked it on their computer when I signed it.

March 1st came around so I thought I would check the order online - order is stuck on "Being prepared" since January 4th. OK - not a problem, so we left it. When we came back from holiday, we had no calls or anything so I checked the paperwork and it says Est Delivery 17th April. When I logged in to check the tracking, this now changed to April 22nd. A few days later, it then changed to April 27th!

We left it a bit longer as delays can happen but a few days ago, the date had now changed to May 10th!

I called SCS who got the store to call me back and I explained I am not happy as we verbally agreed to delivery by March 17th 2026 and now it is showing we won't receive it before May 10th 2026. He also said that the sales advisor he has known for 10 years and "would never lie" - well, he did - as we would have ordered elsewhere as we already walked out of a store as delivery times were too long. He told me that deliveries at the moment take between 12-14 weeks and they can deliver up to 4 weeks later than quoted. Well, we did NOT agree to a 16-20 week wait for a sofa!

I told him he is to either deliver the sofa we ordered, or an alternative up to the same price, or greater by April 27th otherwise we will issue a credit card chargeback for breach of contract.

He claims there is no breach. A verbal agreement can be binding over a written one.

IMO they bait and switch us from placing the order and sending the confirmation email to us. We would not have agreed to a 16-20 week wait as we are sat on camping chairs!

Can we legally do a charge back?

IMO to keep within their "agreement", I am giving them 4 weeks over March 17th, when we were promised the sofa verbally so they cannot argue the "4 week delay either side of the delivery date" clause. So I have given them until April 27th.

sheramber

Your sofa is probably stuck on a boat that is delayed due to the war in the Middle East.

elsien

What does the email that you didn’t bother reading say about delivery times etc?

Okell

Yes you can have an oral or spoken agreement as well as a written agreement. (At the risk of being overly pedantic pretty much all contracts are "verbal" - ie are made up of words whether spoken or written)

Whether an oral agreement is "binding" over a written one depends on which came last and their content.

You may have had an oral agreement that the sofa would be delivered by a specific date, but can you prove that? Did you confirm it in writing or by email before you made the purchase? It's your word against their's.

You need to read s28(3) to s28(9) inclusive here: Consumer Rights Act 2015

eskbanker

We would not have agreed to a 16-20 week wait as we are sat on camping chairs!

the date had now changed to May 10th

I told him he is to either deliver the sofa we ordered, or an alternative up to the same price, or greater by April 27th otherwise we will issue a credit card chargeback for breach of contract

Putting aside your actual consumer rights and the strength of your feelings about this, do you anticipate being able to source another sofa in less than two weeks from 27 April?

Your mention of 'breach of contract' potentially confuses two separate mechanisms for recovering funds from card providers. If you paid by credit card then you can pursue the provider of that card via a section 75 claim for breach of contract, but if you paid by debit card then the only option is a chargeback claim, a different process and one which doesn't actually relate to contract breach as such but where 'goods not delivered' is a valid reason.

WildWayz

https://forums.moneysavingexpert.com/discussion/comment/81957643#Comment_81957643

April 17th - a month after the date we agreed in store.

As said, it is strange how he said MARCH 17th to us, then the email is APRIL 17th - which is why I believe he was being deceptive.

WildWayz

https://forums.moneysavingexpert.com/discussion/comment/81957658#Comment_81957658

From looking at legal sites, our conversation was overheard by my wife as she was there with me.

We told him we had no sofas and was on camping chairs. He said to us that their usual 8 week wait was now 12 weeks maximum and that it would most likely arrive before then but they have to give us the maximum time - and that expected delivery date would be March 17th (12 weeks is actually March 22nd from order). We reiterated that we didn't want to wait more than 12 weeks and he said we wouldn't have to.

We told him we were going on holiday on March 15th - he said it would most likely arrive before then but if not, they will store it and deliver it when we return. We agreed and signed the paperwork and paid via credit card.

We received the order email the day after we went to store - I checked the sofa etc were OK but didn't check the delivery date on their as I assumed it was what was agreed.

As I said, IMO I believe he changed it from March 17th to April 17th as he knew he wouldn't get the sale - we had told him we left another store as there was a 16 week wait.

WildWayz

https://forums.moneysavingexpert.com/discussion/comment/81957661#Comment_81957661

With regards to the do we anticipate getting a sofa in the 2 weeks… the 2 weeks could become another 4 weeks - it keeps increasing. At this stage, i'd rather buy a decent 2nd hand sofa suite than give this company my money. I know it isn't gospel, but look at the SCS complaints FB site; people are in the same position as us where they were told dates and given the run around. It seems to be their modus operandi to get sales.

born_again

What means of payment was used?

Deposit, or total payment?

While if debit or credit card you could do a chargeback, as 120 days would go from last delivery date. But I would expect SCS to dispute the chargeback.

Anything coming from far east, is now facing around a extra 30 days at sea around Africa rather than through Suez canal.

eskbanker

https://forums.moneysavingexpert.com/discussion/comment/81957706#Comment_81957706

Yes, I'm certainly not defending them but just wondering if you're potentially going to run into issues if, for the sake of argument, you raise a chargeback claim on 28 April for non-delivery, and, during the 45 day window within which the merchant can challenge that chargeback, they try to deliver the sofa.

Grumpy_chap

It is not SCS fault that the current furniture amounts to camping chairs because of an issue the OP had with the previous sofa supplied by somewhere else.

With regard to the delay, if the OP cancels the current order, how quickly does the OP expect that they can source an alternative sofa from elsewhere (or from SCS)? Resetting the clock might amount to cutting off one's nose to spite one's face.

As an alternative interim (possibly too late now), the OP might have been able to source a sofa for a very small sum from a charity shop and then donated it back once the proper sofa arrived.

I have read this thread with interest, particularly the comment about delays related to events in the Middle East, because we ordered our new sofa in the first week of the year and indicated a delivery date of 29th April. Having heard nothing to the contrary, I am assuming that will just happen, but this thread made me think I might have been hasty disposing of the old sofa today…