This forum uses cookies
This forum makes use of cookies to store your login information if you are registered, and your last visit if you are not. Cookies are small text documents stored on your computer; the cookies set by this forum can only be used on this website and pose no security risk. Cookies on this forum also track the specific topics you have read and when you last read them. Please confirm whether you accept or reject these cookies being set.

A cookie will be stored in your browser regardless of choice to prevent you being asked this question again. You will be able to change your cookie settings at any time using the link in the footer.

<
[-]
Latest Threads
Greetings from Manchester
Last Post: Kapulot
Today 12:17 AM
» Replies: 2
» Views: 15
Brown & toilet paper like bits!
Last Post: Kapulot
Today 12:14 AM
» Replies: 2
» Views: 28
Lunar's new tank
Last Post: Colin Whitworth
Yesterday 10:38 PM
» Replies: 100
» Views: 1804
Operation Bankruptcy
Last Post: KevB
Yesterday 09:36 PM
» Replies: 462
» Views: 41500
Annie’s Tank - Bikini Bottom
Last Post: debiharry
Yesterday 09:26 PM
» Replies: 883
» Views: 39726
Wingnut55's Juwel Rio 450 LED
Last Post: Hanlou
Yesterday 09:09 PM
» Replies: 1783
» Views: 267431
Little project
Last Post: Mark_Wood
Yesterday 08:58 PM
» Replies: 33
» Views: 408
High nitrites during cycle
Last Post: DrHouse
Yesterday 08:54 PM
» Replies: 6
» Views: 45
Betta + tetra feeding.. How?
Last Post: Jen1981
Yesterday 08:35 PM
» Replies: 6
» Views: 67
Han's Shrimpy Scape!
Last Post: Hanlou
Yesterday 08:31 PM
» Replies: 29
» Views: 420
Marty's tank log
Last Post: Marty.h
Yesterday 06:58 PM
» Replies: 252
» Views: 5697
Going bigger
Last Post: piker
Yesterday 06:50 PM
» Replies: 67
» Views: 1397
Angelfish "experts" re sick Manacapuru
Last Post: Alex34
Yesterday 06:34 PM
» Replies: 11
» Views: 125
One of my danios is missing
Last Post: jacksdad
Yesterday 05:46 PM
» Replies: 7
» Views: 95
Wiggles tank
Last Post: Wiggles
Yesterday 05:18 PM
» Replies: 66
» Views: 1799

Any legal members on here who can advise please?
#1
Question 
Any legal members on here who can advise please?

I have bought two sofas from ScS which were delivered on Tuesday 10th September (16 days ago).
I have a query which I emailed them on the same day.
The queries were:-
1. The scatter cushions were the wrong colour (grey instead of beige)
2. The wooden feet for actually plastic feet.

A few emails and telephone conversations later (I am now being blocked from speaking to someone in the resolutions centre).
I have come to a simple conclusion that they (ScS) have sent me the wrong colour sofas, hence the wrong colour scatter cushions.
Both sofas were inspected on different dates and both came with the same scatter cushions, all wrapped in thick polyethene.
Inside the thick polyethene was the sofa, a bag with the feet & screws plus two scatter cushions.
The delivery men unwrapped it, fixed the feet and positioned the sofas where I asked them too and removed all the packaging, all good with the delivery men.

I sent photos of the sofas, the sofa feet and the cushions and emailed them to ScS as requested.
Eventually they admitted that the scatter cushions (grey) were indeed the wrong colour (beige) and offered to send the correct colour.
I refused this as I also felt that the sofas were also the wrong colour and send a photo of the sofas with a picture of their swatches for comparison.
I explained that the scatter cushions come with a darker sofa (pewter colour) as normal and that I suspected that the sofas were this darker colour and not the colour which I ordered (taupe) which is why both sofas came with the grey cushions and both sofas were inspected on different dates.
I then suggested that the manufacturer sent me two actual material samples so that I can do a direct comparison.
I also suggested that alternately a representative can call at my home with two actual material samples for comparison and if the sofas were indeed the correct colour then I would then accept the correct colour scatter cushions as a resolution.

They (ScS) sent me a further email today stating (and I quote)
I have spoken to the manufacturer and they have advised if we reorder the goods you will get exactly the same colour.
Its only the scatters that have been sent wrong – the batch labels have confirmed this is definitely taupe.
I can offer youSad/color]
[color=#00369b]1.Replacement scatters

2.Uplift and refund
3. reselection

Please advise how you wish to proceed


I have replied, I quote:
I do not understand why the manufacturer can not send two material samples for comparison.
Are they hiding something because that is my first thought?
Sending a piece of material sample for both the pewter and taupe is not an expensive exercise and certainly no where near as expensive as an uplift and refund.
I have some bed sheets covering the sofas for protection at present.
All I need is two actual material samples, 10cm x 10cm is fine.
The other issue is the plastic feet, whilst the advert (copy retained by myself) clearly states, quote: “with high backed designs for added comfort and sleek wood feet” end quote.
We received plastic feet which even came as a surprise to the delivery man.


Any advise would be greatly appreciated.
Why can they (ScS) not send two samples, one pewter colour and the other taupe colour?

Thank you
Stephen
Reply
Thanks given by:
#2
Disclaimer I am not legally trained. Just some advice below. Hope it helps.

"If you have experienced problems buying a sofa or having one upholstered, then you are not alone. Complaints relating to sofas feature significantly in Consumer Direct’s top ten and the problem shows no sign of improving. So what do you need to watch out for and ..." Read on ...

[There are sample letters to use in breach of contract situations available via the web]

You could also try calling trading standards for advice, just a thought .
Reply
Thanks given by:
#3
Hi Stephen

This may be useful, perhaps. I hope that works!

Halfway down there's a post that points to three references in a list compiled by the Consumer Action Group. I imagine you'd be able to define your legal position from those. The CAG itself could be a good contact point for you, maybe?

Citizens Advice another one, but IME they've been of no practical use.

Moneysavingexpert forum will have stories similar, and might be interested in yours.

If searching for further info, it may be useful to know (if you didn't already) that the company's 'real' name is A. Share and Sons Ltd.

Some complaints listed for them on the Advertising Standards website, but none directly relevant to your complaint.

There's a number of complaints on the general web about people having had wrong colours delivered, but I couldn't see any that actually describe a resolution! Very weird how they all just seem to stop - maybe I didn't look hard enough.
Reply
Thanks given by: Flex365
#4
It’s a nightmare taking delivery of large items of furniture. The delivery men have so many items to deliver that even if they suspect that they’re the wrong goods they’ll deliver them anyway, leaving the customer to sort it out and have it collected as another load on another day. 
We had a sofa from these people, luckily nothing wrong with it, but they seemed very hard sell , and I should imagine by their attitude, commission led.  And unfortunately like most these days all moneys paid up front. I certainly won’t go there again.
65L
5 Platys
5 Endlers
3 Amano Shrimps
Reply
Thanks given by:
#5
Is there an easier way to check whether the sofas are the correct or wrong colour? Perhaps a colour code label somewhere? If that matches your order colour code, then you know that, at least, the sofas are ok.
Reply
Thanks given by:
#6
Thank you for the replies so far, appreciated.

I have read their disclaimer.
I did actually buy via the telephone so the cooling off period applies.
I first contact them (ScS) on the same day as the delivery (10th Sept) so they were aware of any issues immediately as of day one.

I have looked for examples on-line from unhappy customers (not necessarily ScS).
The thing with the internet is you always find negatives from a very small minority of customers whilst the majority are generally happy.

All I asked was to be sent an actual material sample (both colours) so that I am satisfied that I have received the correct colour sofa(s).
Their (ScS) response has made me a little suspicious hence my reply 
"I do not understand why the manufacturer can not send two material samples for comparison.
Are they hiding something because that is my first thought?
"
Is that too much to ask?

Thanks
Stephen
Reply
Thanks given by:
#7
How did you pay for them?
Reply
Thanks given by:
#8
stuaz Wrote:How did you pay for them?

50:50 cash and interest free
Reply
Thanks given by:
#9
(26-09-2019, 10:43 PM)Stephen Wrote:
stuaz Wrote:How did you pay for them?

50:50 cash and interest free

Ok well the cash part wont help but the fact you paid a portion of it under finance might help you and it means that the WHOLE purchase is protected. Not just the portion under finance.

You can file a section 75 under the Consumer Credit Act if they have sold you something that wasn't as described. You can contact the finance company directly to set that in motion. Under the Consumer Credit Act they are jointly liable for purchases so if they have sold you a sofa that is not the right colour or otherwise not fit for purpose then you have a strong case.

One stumbling block you may find though is the fact that you accepted the goods upon delivery, however if you made contact very quickly like you said after that then that could mitigate that and you have given SCS the option on resolving the issue.
Reply
Thanks given by:
#10
Thanks stuaz

They have already offered (as previously mentioned)

1.Replacement scatters
2.Uplift and refund
3. reselection

The sofas are fine it's the colour that is in question.
The scatter cushions are the wrong colour.
The sofa feet are plastic and not wood as advertised.

If they uplift and refund then I won't have a sofa to sit on for the period between the uplift and buying an alternative.
Reply
Thanks given by:
#11
(26-09-2019, 10:59 PM)Stephen Wrote: Thanks stuaz

They have already offered (as previously mentioned)

1.Replacement scatters
2.Uplift and refund
3. reselection

The sofas are fine it's the colour that is in question.
The scatter cushions are the wrong colour.
The sofa feet are plastic and not wood as advertised.

If they uplift and refund then I won't have a sofa to sit on for the period between the uplift and buying an alternative.

If the colour is the wrong colour then they have delivered something that isnt what you ordered so you could still go down the section 75 route.

That said, option 3 reselection might be your best choice as that won't leave you without a sofa or otherwise out of pocket (If I understand reselection to mean "pick another sofa").

However the fact that they have offered you a refund probably means there isn't much more they will be willing to do.
Reply
Thanks given by:
#12
Let's see what their next response is. Wink
[-] The following 1 user Likes Stephen's post:
  • Flex365
Reply
Thanks given by:
#13
Just received a further email.

Quote:
We have requested the manufacturer send out 2 x samples so you can compare the 2.
Please advise once received – and send over pictures of the swatches on you furniture.
There was an issue with the description on the feet which has now been rectified – the feet are plastic and this is the only option.

Please advise once you have received the swatch


They are sending actual material samples, at long last.

The advert clearly stated that the feet were wood "sleek wood feet" (image below)
Is their excuse acceptable?

[Image: D8z4Rr6l.jpg]
Reply
Thanks given by:
#14
(27-09-2019, 09:58 AM)Stephen Wrote: The advert clearly stated that the feet were wood "sleek wood feet" (image below)
Is their excuse acceptable?

[Image: D8z4Rr6l.jpg]

I guess you either have the choice to return the sofa or accept the plastic feet. If you consider it unacceptable then you should take them up on their offer of a return and refund.

Whether its a poor excuse or not, if they only have plastic feet then there's not much they will be able to do.

Have you been into one of their shops to see what the demo version there has or even asked store staff? That's about all I would think you could do to verify their statement if you're not sure you believe them.
311l 48x18x22

[Image: YhXwIjol.jpg]
Reply
Thanks given by:
#15
I’d at least ask for some money off due to their mistake of saying they were wood and not plastic.
500L Sooperhooge Goldfish tank Smile
200L The Barbarium….Tiger barbs and a very grumpy BN plec
200L Marine Reef.....stocking in progress!
[-] The following 1 user Likes Cheltgirl's post:
  • Gill
Reply
Thanks given by:


Forum Jump:


Users browsing this thread: 1 Guest(s)