Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder mikeyboy0911 Novitiate



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    Default cancelled credit/loan agreement

    hello. please can someone give me some advice. i took out a loan agreement with a company when i purchased a new TV from currys. I paid my initial deposit payment to the loan company and then currys accidently sent a credit note to the loan company and cleared the balance of the loan with the credit note. The loan company refunded my deposit payment. Now currys are hassling me daily to pay them direct for the TV. Is this right?


  2. #2
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    Default Re: cancelled credit/loan agreement

    Yes you cannot take a finacial advantage resulting from
    a genuine mistake you have the TV and need to pay for it.


  3. #3
    Basic Account Holder mikeyboy0911 Novitiate



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    Default Re: cancelled credit/loan agreement

    understand, but looking at it from a legal point ...... i dont have an agreement with currys. my agreement was with the loan company and currys paid my agreement with a credit note


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    Default Re: cancelled credit/loan agreement

    Thread has been moved to the correct forum.

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    Default Re: cancelled credit/loan agreement

    Quote Originally Posted by mikeyboy0911 View Post
    hello. please can someone give me some advice. i took out a loan agreement with a company when i purchased a new TV from currys. I paid my initial deposit payment to the loan company and then currys accidently sent a credit note to the loan company and cleared the balance of the loan with the credit note. The loan company refunded my deposit payment. Now currys are hassling me daily to pay them direct for the TV. Is this right?
    Purchasing a TV is giving payment for goods. This is the sticking point

    Quote Originally Posted by mikeyboy0911 View Post
    understand, but looking at it from a legal point ...... i dont have an agreement with currys. my agreement was with the loan company and currys paid my agreement with a credit note
    From a legal point of view you have a TV that you took from currys without paying for it. No matter who was at fault, I think a Judge will say you have to pay for it HOWEVER I would also say a Judge would not let you be made any worse off through currys mistake.

    My attempt at sorting this would go as follows: Whatever the repayments were, I would personally offer this, but make the repayments equate to the retail price without any interest. So if it was a 500 TV and the repayments were 10 per week for 1 year total 520, I would offer 10 per week for 50 weeks totaling the retail price. Offer this in writing and keep to the agreement if they accept. I doubt they could get more from a court, so I think they will accept.

    If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

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  6. #6
    Basic Account Holder mikeyboy0911 Novitiate



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    Default Re: cancelled credit/loan agreement

    Quote Originally Posted by locutus View Post
    Purchasing a TV is giving payment for goods. This is the sticking point



    From a legal point of view you have a TV that you took from currys without paying for it. No matter who was at fault, I think a Judge will say you have to pay for it HOWEVER I would also say a Judge would not let you be made any worse off through currys mistake.

    My attempt at sorting this would go as follows: Whatever the repayments were, I would personally offer this, but make the repayments equate to the retail price without any interest. So if it was a 500 TV and the repayments were 10 per week for 1 year total 520, I would offer 10 per week for 50 weeks totaling the retail price. Offer this in writing and keep to the agreement if they accept. I doubt they could get more from a court, so I think they will accept.

    Thats good advice ..... my only problem now is I did try and resolve this with currys. They wanted to do another finance agreement, which i accepted but for some strange reason the finance agreement FAILED. Dont see how it failed as only 3 weeks prior it was ACCEPTED by the finance company. Based on this currys are now saying that they either want FULL payment in full or they want the tv back. What would you suggest?


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    Default Re: cancelled credit/loan agreement

    OK, the reason it will have failed is becayse you just applied for credit 3 weeks before. Applying for credit lowers your credit score.

    Write to them at their registered address.

    DSG RETAIL LIMITED
    MAYLANDS AVENUE
    HEMEL HEMPSTEAD
    HERTFORDSHIRE
    HP2 7TG
    Explain the situation and offer the settlement. The worst they can do is take you to court, and they'll appear pretty stupid, and a judge will only award what you have already offered (full settlement split into installments)

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  8. #8
    Basic Account Holder my-spirit-soars-free Informative my-spirit-soars-free Informative



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    Default Re: cancelled credit/loan agreement

    You really need to get a copy of your credit history to find out what is showing on the previous loan - it may still be showing, or it may be showing as cancelled.


    i would also say that you are in the stronger position here - there is no reason for you to go chasing round after this - it is the retailers mistake, so they can sort it out.

    Either they let you pay in installments, or they sort out a loan to match the previous one.

    They should also be giving you something off for your trouble, especially as they are messing up your credit record with repeated applications.


  9. #9
    Basic Account Holder KANGO Novitiate KANGO's Avatar



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    Default Re: cancelled credit/loan agreement

    Quote Originally Posted by my-spirit-soars-free View Post
    You really need to get a copy of your credit history to find out what is showing on the previous loan - it may still be showing, or it may be showing as cancelled.


    i would also say that you are in the stronger position here - there is no reason for you to go chasing round after this - it is the retailers mistake, so they can sort it out.

    Either they let you pay in installments, or they sort out a loan to match the previous one.

    They should also be giving you something off for your trouble, especially as they are messing up your credit record with repeated applications.
    DSG (Dixons online, Currys, PC World) have also changed finance provider, they were HFC but I don't know who they use now - EX DSGi employee



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