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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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told whatever happens premium covers everythin -it dont now im told - help!!


NeverEverAgain
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I have been mis-sold a laptop, insurance, office pack, norton anti virus program and more by PC World.

 

My story starts in October 2013 (Literally 3 days before their Watch Dog incident.)

 

I walk into my local store looking for a new computer on which I can do my studies.

A gentleman who's name I still hold, walks up to me and asks if I require any assistance.

 

I tell him that I am looking for a laptop with an insurance that covers everything for piece of mind.

 

He helps me pick out a computer after claiming that he had just the thing I was looking for.

He said that this type of insurance was called a WHATEVER HAPPENS premier plan and when asking him if there were any exclusions to this insurance, he laughs and says 'No, that is why it is called a whatever happens premier plan. It is genuinely what ever happens, we will fix it.'

I, being quite happy with those facts, sign a Direct Debit mandate, for which I was never given a copy myself. I was not presented with the Terms and Conditions either, as the man was rushing through everything very quickly with me.

 

Taken from Sale of Goods Act 1979:

 

Formalities of contract

 

4 How contract of sale is made.

 

(1)Subject to this and any other Act, a contract of sale may be made in writing (either with or without seal), or by word of mouth, or partly in writing and partly by word of mouth, or may be implied from the conduct of the parties.

 

As of what I see here, my contract was by word of mouth, as the Terms and Conditions where never given to me to read through, and the sales man was promising me that everything was covered under the insurance. To my knowledge, I signed the Direct Debit mandate, not a contract.

 

However, last Wednesday I return from a holiday to a computer that would not work. The screen was flashing and it was impossible to even press a button.

Thinking I was happy I didn't want to buy a computer without and insurance that covered everything, I walked into the store that sold it to me in the first place.

 

The Tech guy, who's name I also have, now states that my insurance does not cover software, and that this seems to be the unfortunate problem with the computer. I am then promptly asked to pay 50 pound upfront for a repair.

 

I come home, rather upset and feeling very cheated and lied to. The sales man has broken our verbal contract, the initial reason I bought the computer along with everything else.

 

After a few hours, the repair is done and I come back to pick it up. I asked what the issue was, and was told that I had tried to download Windows 7 desktop onto it, which I can assure you I haven't. Why on earth would I, when I already have a better version? (Windows 8.0) His answer was, that my computer might have done it itself. (WHAT?)

 

On the Sunday after this incident, my computer then starts to configure Windows, where it gets stuck on the same page for approximately 4 hours. The error message reads: 'Failure configuring windows updates, Reverting Changes. Please do not turn off computer.'

I decide to call the KnowHow team, who first of all advise me that the 50 pound for repair were incorrectly charged, that I am in fact covered and should go back for a refund. The guy also helps me in trying to resolve the problem. After his guidance, I at the end go on-line to do a troubleshoot which gets stuck on the same page for a further 5 hours. When I ring up again, another adviser tells me that I have further software issues and must take the computer back for yet a repair.

 

Now this was it for me.

 

I walk into the store with everything I initially purchased along with all my receipts, copies of a mandate and Terms and Conditions for the Internet dongle he sold to me and demand to speak to a manager. At first I am asked to go and speak to the Tech guys instead, but I stay strong and am in the end handed over to the store manager.

 

As I begin to share my story with him, in terms of the mis-selling of the products I have brought back, he starts to interrupt me and becomes rather condescending. He refuses that the 50 pound should be refunded first of all, because my Terms and Conditions state this. He also completely disregards the mis-selling case and offers to take the computer in for a new repair instead. I am however to the point, where I no longer want any of the items at all.

He goes away with the Terms and Conditions and receipts to take copies and on his way I can see him whispering to the other staff and mumbling under his breath, which he also did in front of me.

He then comes back and says he has found the Terms and Conditions for my insurance.

They were hidden between my Direct Debit mandate for my internet dongle and its Terms and Conditions. Now because both the first page of this (attached with clips) bundle of paperwork along with the last has to do with my internet dongle, I would have never thought for them to be put there. The sales man has clearly hidden it there, without my copy for a signed mandate for the insurance, so I wouldn't be able to find it whilst he was present.

 

It there clearly states, along with many other exclusions, that I am in fact not covered for software or data.

 

It also states, that it is not an insurance either, which I was told it was. It is in fact a trust fund into which consumers pay monthly, and then the money is used for repairs.

 

SO I AM NOT COVERED FOR EVERYTHING AM I? NO!

 

After making me cry in the store on two occasions as he raised his voice and refused to listen to me, the manager goes to try and book my computer in for a repair even though I have told him I no longer want it.

 

Then, what I can only guess is the Regional Manager, walks in and ask me if I am being seen. All of the sudden the store manager is oh so nice, and 'we will sort this out miss, no problems!' is said on several occasions.

As soon as the Regional Manager leaves (He was wearing suit and tie, not a uniform) the store manager is back to his old self, now mumbling under his breath in front of me. It was unacceptable and he was still refusing to deal with the mis-selling part of things, apart from he would have a chat to the guy who sold everything to me in the first place.

 

That however, would never under any circumstances solve my problem, as I have not only been cheated but also humiliated completely and tricked into spending my money on several things, based on a complete lie.

 

I come back home, and am so gobsmacked at how I have been treated that I decide to call customer services.

 

I speak to a man called John, who during the call decides that I am both a Miss, Mrs, and a Mr at the same time. Professional. He however also states, that I indeed should be charged, and that crying would never solve any of my problems. He then goes off to say that people always came on the phone to him, when staff had told them things they did not want to hear, saying they were abusive and rude. Basically calling me a liar, when he wasn't even there. Customers and other staff actually came up to me, because they could see how upset I was, and yet this man is now calling me a liar. THAT IS NOT CUSTOMER SERVICE. That is customer degrading.

 

This is now the end of it for me, and I decide to call the know how team again, who then say I should not have been charged. These people could not make their minds up, but I managed to log a complaint about everything with a very nice man who was the first to actually care and listen to me. He gave me good advise, told me how to take it further etc.

 

I have however still not had a response or an apology from anyone, nor an attempt for a resolution to the mis-selling issue.

 

I then today receive an e-mail from the Knowhow Team, stating I should have never been charged as I am covered, even though my Terms and Conditions say I am not, and that it therefor was never mis-sold. I e-mailed back that it certainly was, as I was promised everything was covered and that I am sat with a long list of exclusions in front of me. They were simply trying to fob me off by stating I was covered so I could get a 50 pound refund and leave my claim for mis-selling.

As it was time today to pick up my computer (2nd time this week) I walk in adement to speak to the same manager as previously. I wanted to show my partner the man who made me cry, and record our conversation.

He however, was on his lunch and would not come out. Instead I speak to a lovely gentleman who was in charge instead, and he actually wrote every single word down that I said. At the same time I receive an e-mail from the customer service team, saying they are happy to tell me they now have a resolution. They have cancelled my Whatever Happens plan and refunding me the charges. (WITHOUT MY CONSENT.) Why would they do that, when they know my computer is currently in repair and that this could resolve in me having to pay extra money for the repair?

 

What on earth has happened to the world?

I will now be contacting Trading Standards, BBC Watchdog, using social media and writing complaints until this issue is resolved.

 

Mis-selling is, according to citizens Advise Bureau:

 

leaving out, or giving misleading or wrong information about the contract in order to try and get you to take it out. You should be given certain information before taking out a contract, including details about the costs, call tariffs, savings and any special offers

putting you under pressure to take out a contract. A sales person must not act aggressively to try and persuade you to sign up

slamming. This means a service provider can’t change your contract from one service provider to another without first asking your permission.

 

Ergo, it was mis-sold to me.

 

I want a resolution that gives me a full refund for everything I purchased that day, so I can take MY money and go elsewhere with my custom, where I am respected and cared for, not lied to and deceived by people who afterwards call me the liar.

 

Never have I had such a terrible customer experience in my LIFE!

It is disgusting!!!

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go back to the store

 

they havent miss-sold they have miss-diagnosed/deliberatly lied

 

They shouldnt have charged for what htey did

 

it also covers you for data recovery - so if they have wiped it skip the store and go direct to call center/ceo

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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But, he told me I was covered for everything. I am not.

I am in fact sat with the copy of Terms and Conditions here, clearly stating what is not included.

Here, Software and Data is clearly stated. :( Been to the store 3 times, called their customer services 5 times and e-mailed them about 10-11 times.

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own thread created

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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