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SueHypno

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  1. Original purchase was on 10th August 2022 at Currys Retail Store in Team Valley Gateshead with a buy now pay later agreement. Technically Creation Finance became the owners of the goods and the small print for the agreement states that you can claim under section 75 under consumer rights act 2015 and their small print states if not settled within the given time frame you can sue both creation and the provider or then go to the Financial Ombudsman. Consumer Advice Dept. advised me to go down the section 75 route first as Currys failed to respond to the chaser letter and further as they are not part of an independent ADR scheme it is better to follow the independent route first. Creation failed to respond in time and they advised me to send my complaint to the Financial Ombudsman. Then Consumer Advice said to wait for the outcome of the Ombudsman investigation first before proceeding to SCC as the Financial Ombudsman Route is considered by the courts to be equivalent to an independent ADR thus proving that I tried every way I could to resolve this before taking them to SCC. The goods were purchased in August 2022 and I did state it was complicated but as you don't like long scripts on here I left a lot out of the detail. There were two aspects firstly misrepresentation because a finance package was sold to me on the basis of savings on the combined guarantees which proved to be false, and secondly the sale of goods act as the goods were not as described. Technically the FF works, but it is an integrated model that must be installed and Currys failed to install it in spite of paying extra for the installation, and they have lied repeatedly on this issue. As I said The F. Ombudsman having reviewed all the data including over 30 references and photographs have found in my favour under Section 75 Sale of Goods Act, but impossible to prove the misrepresentation part. I am now waiting for the response from Creation Finance If they accept the findings I will get the agreement quashed, plus they must remove the (unused) FF, and they should pay me the recommended compensation. But they may not accept the findings in which case I will have to proceed to sending out a letter before action and SCC claim against Currys. I just wanted to be sure I claim against the right company as another online forum for consumers (it seems there are many with complaints against Currys on line especially on Face book, and as a mere pensioner and consumer it is confusing, so hence my confusion about who runs all these forums), another online forum stated that the consumer must claim against the parent company of Currys Group. My original question to this group was if going to SCC Do I address my claim to Currys Group, Currys PC World, DSG Retail Limited and or Creation Finance or all of them? With these sort of processes and the way Currys 'duck and dive' it really is unfair for the average consumer to understand and exercise their rights in law. I am having a tough time and your criticisms of how I presented it did not help, on the one hand you don't want detail but cannot understand the bigger picture because I left out detail to try to shorten it for your readers.
  2. Consumer advice or consumer help referred to by Citizens Advice online Freephone number is 0808 2231133. Sorry did not realise what this platform is about and how run. The Financial Ombudsman found in my favour acting as independent ADR scheme, awaiting response from Creation Finance and Currys. It is a long case and it is complex as issues with misrepresentation and the way the finance package sold, as well as goods/services not being fit for purpose. I may not need the SCC route awaiting response from Creation Finance now.
  3. Purchased an integral Fridge Freezer including removal, replacement and installation of the new one. (It was for a friend but this makes this story too long) I Took out Buy now pay later with Creation Finance. Basically it was dumped, not installed and the delivery men are not qualified kitchen fitters, parts were missing. They were going to ring me back within 20 mins about removing or installing but never did. I wrote formal letters of complaint to the local store, head office Customer Services and copied in Creation Finance., I personally visited the store too and handed them the letter so there would be no doubt about whether they had received my complaint. I screen saved my 14 minute conversation with Customer Services from my phone records as proof I had contacted them. I followed up with another letter of complaint , and a chaser letter. I also used Resolver and I received a vague response that the kitchen required renovation so they could not fit. That was not true as they were replacing an old one of similar dimensions, secondly the delivery men admitted that they are not qualified kitchen fitters and did not have the right tools with them. They just said that they have a target of over 50 deliveries in one day. Certainly not qualified to make any statement about whether or not my kitchen needed renovating or not. I then made a claim to Creation Finance under Section 75 and Consumer Advice said that this could be classed as an independent ADR scheme as Currys had failed to respond. Currys failed to investigate this properly, simply stating I had ticked all the boxes when I took out the finance so fully understood the finance agreement, so as far as Currys are concerned anything else is a separate complaint. They failed to acknowledge that the goods had been rejected as not fit for purpose under the consumer goods acts, and this was misrepresentation as the finance was taken out on the basis of the goods being as described. Currys oversold also I purchased service agreements costing £144 when the FF arrived it had a 10 year full parts and service warranty with the manufacturer, which I was not informed about at the point of purchase. Over 3 months now and no resolution, so I have escalated to the Financial Ombudsman who is currently investigating. Now in a pre- action Protocol Letter before serving by recorded delivery, I am waiting for the results of this investigation first. But if I take to SCC Who do I serve on? Do I name Currys Retail Group? DSG Retail Group? Creation Finance? (Terms of their contract state that you can sue both them and the retailer in the event of a dispute), or all three? Any advice welcome.
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