HELP NEEDED - Dixons Gp threatening me for money!

[DEMO]

hello all, im new to this, (was referred from moneysaving expert)
im not sure which section this was for so i put it here.

i need help on a situation.

this is a long story but ill try and keep it as short as possible.

i purchased a laptop back in june 2006 via pc world BUSINESS, and purchased coverplan. in Dec 2006 it went wrong so i returned it to pcworld who sent it for repair.

According to their business terms, if the laptop cannot be repaired in 4 weeks, they will issue a new laptop or pay out the value for a new one in vouchers.

well after 4 weeks, then 8 weeks then 12 weeks, i queried again and again to see why it was taking so long to fix. eventually after several phonecalls the matter was resolved in June 2007, SEVEN MONTHS LATER.

I was given vouchers for a replacement. But the value was not the value of my laptop, so again i argued witht hem, and eventually they sent me a second voucher to make the difference.

Now here is the problem. this time they send me 2 vouchers, instead of one, for the difference.

I had used all the vouchers to purchase a new laptop in July 2007.

today i get a letter, saying, they overpaid me, and that i HAVE TO WRITE THEM A CHEQUE FOR THIS OVERPAYMENT WITHIN 7 DAYS OR THEY WILL TAKE IT FURTHER (debt colection etc).

where do i stand? do i HAVE to return this money, even though i do not have it as i have spent it on a laptop IN THEIR STORE.

my problem is,
1> they took SO LONG to come to a conclusion - 7 months, when they should have fixed the problem in 4 weeks. and then underpaid me initially.

2> had they not overpaid me, i would not have spent that money? i do not have that money to return to them now?

3> the fact that they have only just asked for it, and it has been over 6 months since i used them, do i legally have to return it?

PLEASE anyone out there know aything on how to deal with this??


to be honest, when i received the two vouchers, they came at different times. one was a week before the other. so i genuinly thought it was a 'compensatory' voucher. i even queried it with the pc world business guy in store who used them against the replacement laptop.

my grave concern is having to return the value, which if i hadnt received it in the first place, i would not have used it and thus not have to repay now.

it like saying, heres £xx to spend in store - no attachments, then 6 months later, ... oh you remember that money i gave you, well i want it back?

i know there's no such thing as a free lunch but, when put in context to what i had to go through to get it in the first place, i actually took it to be their offer to me. maybe im just too gullable in this day-and-age?

[tiglet]

I would set out your complaint about the refund, explaining all of the stress etc. and tell them you do not accept any refund is owed.

Send the letetr marked for the attention of their customer service manager and see what their initial response is - if nothing else, you will ahve started your paper trail.

[Bookworm]

If I understand you right, they underpaid you once, then sent you that underpayment a second time plus the shortfall, so the second lot of vouchers is the total sum of what you should have received, is that right?

If yes, then the answer to your questions is:

1> they took SO LONG to come to a conclusion - 7 months, when they should have fixed the problem in 4 weeks. and then underpaid me initially.
Then you should have complained asking for compensation for the poor performance. It doesn't give you the right to spend and keep something which isn't yours.

2> had they not overpaid me, i would not have spent that money? i do not have that money to return to them now? That's irrelevant, when you noticed the amount was higher, you really should have called them to check. Yes, you have to repay it.

3> the fact that they have only just asked for it, and it has been over 6 months since i used them, do i legally have to return it? Yes. In fact, they have up to 6 years to recover it, so don't think they'll just go away.

You COULD contact them and try and argue that you thought that was the sum total of compensation due to their shoddy service, but if they decide to take you to court over it, I wouldn't want to bet on your chances of a judge being too sympathetic. In cases where the banks have overpaid on claims, we have always advised people that the additional money was not theirs and not to take chances, I would strongly advise you in the same manner.

[DEMO]

hi , thanks for your replies,

so i guess, even though due to their neglect and mistreatment, i would still have to pay it back!

i have wrote them a letter explaining my the stress i had to endeavour due to their lack of communication, the mistreatment etc etc

im waiting for their reply.

[Zamzara]

It seems reasonable to me to believe that the vouchers are compensation if the OP checked with a member of staff.

Also, it is not right for the store to pay out in goods (which the OP would not otherwise have bought) and then expect to be repaid in cash. This is why we have rules against sending unsolicited goods to people and demanding payment for them.

[Bookworm]

But OP didn't check with the people who sent the vouchers, but with the guy instore when he bought the new equipment. That guy wouldn't have a clue of how much OP was owed or whether the amount was correct!

I'm sorry, but I really don't think OP has a chance in hell unless PCW decides to let it go as a "good will gesture".

[Zamzara]

As far as I can see it is no different than if they had sent the laptop directly. The fact that a voucher for goods was sent, instead of the physical goods, does not fundamentally change the situation. They are demanding payment for unsolicited goods, which is an offence.

Allowing companies to do that is far too open to abuse, and Dixons would be getting a 'free' sale of an item the OP never had any intention of paying cash for (it's a bit like the Littlewoods voucher fiasco).

The absolute most they should get is the return of the laptop for an exchange for goods of the correct price. At least then they are not profiting from their mistake, nor causing hardship. But really, the goods vouchers should be considered a gift under unsolicited goods regulations.

[DEMO]

Originally Posted by Zamzara

The absolute most they should get is the return of the laptop for an exchange for goods of the correct price. At least then they are not profiting from their mistake, nor causing hardship. But really, the goods vouchers should be considered a gift under unsolicited goods regulations.

that would seem fair to me, i dont mind returning the laptop for a laptop replacement, but like you said, refunding in 'cash' for vouchers which i had 1)no choice but to spend in DSG stores, and 2) would not have spent that amount in cash had i not got the vouchers.

i have wrote a letter explaining my situation, and the fiasco i had to go through. Im hoping a positive response, eg return of goods , i would agree with without hassle.

[tiglet]

I certainly think it is worth a try.

[DEMO]

also asking for refund in cash for vouchers, is like me refunding them in vouchers that can only be spent in my shop?

[tiglet]

I really would ask them to prove it if the first letter doesn't get through.