Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
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I bought a laptop from PC World and agreed to a 6 month payback scheme. BUT, it wasnt that simple. You see, they actually sent of the wrong part of the agreement to their "masters" at DSG, and I retained the actual agreement copy. HOWEVER, they got in touch with me and after much bartering and asking me to come back, and bribing with vouchers and money off (so they could take my money) I finally agreed and went back to hand in the store agreement copy.
Is this all? Hell no, turns out they have got another problem, they lost the other one they sent off, leaving me with no records of the agreement or purchase...Now they're threatening legal action, and after they've messed up! They say they'll take legal action within 7 days, What do you reckon is going to happen? I'm a student now, and dont have time for this, let alone a lot of money to pay it back!
Do they have the right to do this considering they have lost both copies of this report!
But you did get the laptop from them and didn't pay anything, is that right? Do I understand this right that because you had both copies of the agremeent, you thought you could get out of paying for the laptop?
If I have misunderstood then can you please explain what it is you are asking?
Apologies to people who I was in the process of helping, I may be gone some time.
I hadnt paid anything, but that was because they had lost the agreement notes and statements. Not only once, but twice. I have now got no records of this, not even a recipt, as they have taken them all and subsequently lost them.
I guess what I'm asking is what do I do from here? Ignore the threats or take the laptop back?
What I'm saying is you did get into an agreement to pay, I'm guessing that you let the 6 mths BNPL lapse and now you have been hit with the full price + interest? No, you can't simply take it back after using it for 6 months.
Best advice is contact them and say you can't afford to pay all in one go and negotiate a reasonable repayment plan.
Apologies to people who I was in the process of helping, I may be gone some time.
It hasnt lasped at all, the agreement was never set up because they took all parts of the paper I was given and then lost them. What they're asking now is for me to get in touch with them in 7 days and produce the documents which they lost.
I dont know what to do seeing as I gave them 2 chances to take money and they messed up both times. Now I'm without any proof of purchase or agreement. Therefore I may just tell them to take the lappy back.
Ok, let's try again: When did you purchase the laptop? As I am trying to understand how they can try and pursue you for payment if the 6 months or more are not up. :-? What do you mean by giving them 2 chances to take the money?
Secondly, the agreement was set up by computer and the part you have got is only a copy. HFC Finance are the ones who will have the actual agreement with you, and even if they don't have your copy, I promise you they will be quite capable of chasing you for the money.
You can not tell them to take the laptop back! The laptop you bought 6 months ago is not new anymore and besides, your agreement to pay on a 6 mths BNPL is with HFC finance, not PCW. You have committed to pay for these goods, you can't just change your mind later on.
I'm sure that's not what you want to hear, but that's the facts: You took a commitment and you have a choice of paying up or getting yourself into a whole heap of hassle and ruining your credit rating for the next 6 years.
Apologies to people who I was in the process of helping, I may be gone some time.
PC World have signed him up to a six month buy now pay later scheme. When doing this they print out 3 copies of a credit agreement after submitting the online credit aplication/check. The three copies are all signed, by both the customer and a store manager. The customer then recieves the customer copy, the store keeps an identical copy and the credit company recieves a slightly different copy with a direct debit signiture on authorising them to take payment.
Now if the customer takes the copy that HFC are supposed to have, PCWorld have a month to get that copy back and have it posted out, because without it HFC cannot take payment. HFC will then charge DSG for twice the value of the contract. Not sure how they come to that amount but I've seen it come off our profit and loss before at currys. Most shops will move hell and high water to get that agreement posted out because if you spent £500 on a laptop. Thats a clean £1000 coming straight off their bottom line.
Although I'm pretty sure this would mean that PCWorld will have paid for your laptop and you'd be forced to return it. Otherwise they could possibly claim theft, had they sufficantly notified you of the need to return the copy of the agreement you hold and provided you with a means to do so. I.E: A stamped addressed envelope. If they haven't done so, then they don't have a leg to stand on legaly until they do.
Easiest thing to do is to just pop into the store you bought it from, and let them swap the agreements over, or post it out to them with a letter asking for your copy. I must say, going into store to swap it was the right thing to do. Leaving without your proof of purchase was pretty dumb, but you can go into any PCWorld with some kind of ID and have them pull a copy of you reciept off the database so long as you know the name/address/postcode you gave them when you bought it, they won't charge anything for this.
Secondly, the agreement was set up by computer and the part you have got is only a copy. HFC Finance are the ones who will have the actual agreement with you, and even if they don't have your copy, I promise you they will be quite capable of chasing you for the money.
Set up on a computer, won't be signed and a CCA request would demonstrate that the 'debt' is unenforceable.
You can not tell them to take the laptop back! The laptop you bought 6 months ago is not new anymore and besides, your agreement to pay on a 6 mths BNPL is with HFC finance, not PCW. You have committed to pay for these goods, you can't just change your mind later on.
Without an enforceable agreement, then I would suggest there are only 2 options to avoid a theft charge.
1) enter into a new agreement,or
2) return the goods
What I assume has happened, is the store has being charged back by HFC because their copy of the CCA was lost.
The store after being charged back for the money they received from HFC in the first place, own the laptop.
So as said before you can either take it back, if it's in a bad condition the store may try to make you purchase it or take out another agreement.
I suggest you go back the store take out the agreement again, it'll give you 6 more months without paying. Then ask for vouchers, I think £50 would be reasonable. Otherwise they could well prosecute you for theft.
Do PC World have the right to do this?!
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Originally Posted by Bookworm
