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  1. Kind of, but not really. Currys agreed to have an independant assessment of the washing machine. I have however been unable to find someone to certify it as faulty. No-one is prepared to certify something as faulty if the insurance company they are contracted to didn't ask them to do it. It's not insurance related, but they don't care. Does anyone know where I can find someone in the Swindon area who would be prepared to certify the washing machine as faulty?
  2. The duration of the repair starts when you first submitted it for repair. So the 28 days or whatever isn't each time you bring it back. Only from the first one. Once the 28 days is reached their own policies require a replacement. But these are in addition to your rights not instead of. Obviously it would save everyone a lot of hassle if they just exchanged it now instead of you getting so annoyed with them that you end up going for a refund (if you're prepared to issue proceedings of course as DSG are highly uncooperative until they're served papers) One trick a friend of mine has tried is standing outside the shop telling all the potential customers of her plight, who in turn didn't go into the shop. She got what she wanted in the end, but the store manager barred her - not that she cares. If you bought on credit card, don't go and collect the phone. Call the credit card company telling them you've returned the phone as faulty and you want your money back (Consumer Credit Act makes credit card companies equally liable if anything goes wrong). The fact the phone is with DSG strengthens your possition. I am of course basing this on my current plight with a washing machine - when I informed Amex of the dispute they told me they could issue a refund if I wasn't in possession of the washine machine. Hopefully you'll have more luck.
  3. It's actually Mastercare (don't get me started), who have a 6 week repair policy. Odds are that this is who Currys have outsourced their repairs to, so even though you don't have a Mastercare policy (I hope) it'll be Mastercare dealing with it. Their policy from that if it's not fixed properly within 6 weeks, they will write it off. I know this because I've invoked the clause before. I no longer have the paperwork so I can't check the small print which included more favourable terms if you had the product for less than 12 months. Invoking the 6 week rule can have a down side of it taking bloody ages from the moment it's written off until you get your vouchers. (yes, vouchers not money). Plus the write off is based on the "now" value of a similar product with the same features. Thus if you bought a phone that has now been discontinued, they will offer you less for it. I suspect given the short time you've had the phone you're in a good position to get a full refund. I think their own policies actually work in your favour, but I don't have the documentation to check for you. Even setting their own policies aside, there's the glaringly obvious lack of durability. The Sale of Goods act will help with this. One thing which may complicate the issue is whether or not the phone is pay-as-you-go or monthly contract. If it's monthly, then you're being charged line rental on a phone you're not in possession of. You will need to point this out to Currys and if it comes to it, add the costs of this to your claim.
  4. Yes, Trading Standards, Which? and American Express were informed of the issue quite early on. I've amended my letter to include some of points mentioned (such as quoting the Sale of Goods Act). The main focus though is on the omission of key facts in the technicians report. Hopefully they will accept that I'm prepared to obtain an independant report should they not want to take my word for it (and of course, this is added to the costs). I'll send it special delivery tomorrow to their register offices in Hemel Hempstead as I usually do. I should probably send a similarly worded letter to American Express informing them they're just as liable and see if they will actually do something. I'll wait for any response before deciding on whether to raise the issue in-store (as it was a telephone purchase). I will let you know how it goes. Thanks
  5. I received a letter from Currys on the 4th October trying to fob me off in the direction of Siemens with "They need to issue you with an uplift code". Unsurprisingly I didn't accept this and sent a reply reminding them that the contract of sale was between myself and Currys and not Siemens. Furthermore that any lift codes they need are none of my concern and entirely their responsibility to obtain. Apparently this didn't cut any ice as I've got another reply dated the 20th October telling me that the technician's report didn't warrant a replacement. This being the same technician who on his 2nd visit arrived to witness the machine in one fault state, was shown video footage of the other fault state, replaced parts and introduced two new faults, all the while, forgetting to mention any of this on his report. I had a feeling the technician leaving those facts out would come back to bite me. (as he leaves a copy of the report with us). What I have now is a letter claiming the technicians report lacks creditibility (based on the facts above) and that I can arrange to have an independent expert certify the unit as faulty if they insist (of course, charging it to Currys). Before I send the letter on Monday, does anyone have any suggestions on how to proceed? I'm fully prepared to take them all the way, but would rather be able to beat them down to avoid the hassle. The credit card company claims to be on side, but they won't issue a refund while I'm still in possession of the washing machine.
  6. To my amazement a letter from DSG arrived yesterday. Alas, it was not in response to my letter. It was a letter confirming a part refund that they'd actioned several weeks ago. When the faulty washing machine was purchased, I ordered an installation service. They were unable to carry out the install and I had to do it myself. I was told the install costs would be refunded ... after several weeks I called them about it and finally they did it. This letter was just telling me what I already knew. Ah well.
  7. Nothing back from Currys yet, just an update on where I'm at. 20/9 Stopped using faulty washing machine (in order to reject it) 25/9 Moved faulty washing machine out in preparation for the new one I ordered from somewhere else arriving the next day. 25/9 Prepared letter to go to Currys 26/9 Verified my legal position with Which? (not that there was any real doubt, but I always like to check these things) 26/9 New washing machine arrived, fitted and working. This is an identical make and model - none of the issues with the faulty one are apparent on this one. 26/9 Sent Special Delivery letter to DSG Retail head office insisting on a full refund. 27/9 Checked Royal Mail website to confirm delivery of the letter. Confirmed. I was somewhat generous with a response deadline of 16/10, so it's just wait and see now.
  8. I would tend to agree with okonski. The annotation is only useful if a person is reviewing your credit report. The Data Protection Act is your friend on this one. While I can't quote it verse for verse, the company holding the data (data controller) has an obligation to keep it accurate and private. Most companies are allowed to share your details with credit reference agencies (as they usually write it into your contract), so you can't get O2 on that one. However, if they fail to keep the information accurate and you suffer as a result (like they pass incorrect information to another company) then you would have a claim against them. Also, call centres keep the recording of your telephone conversation, which you can request. Thus you would be able to prove you tried to make payment. I believe the Data Protect Act allows you access to these also as it is technically information stored relating to you (the data subject). With proof that you tried to pay and O2 didn't ask for payment then the don't really have a defence (other than incompetence, but that doesn't stand up too well in court )
  9. While ultimately, your credit record is wrong because of O2, it's possible to get notes added to your credit record. Simply write to the credit reference agencies in question with two things, one is a note to say that under the data protection act, they have incorrect information about you and it needs to be updated (they will then send a standard response telling you that they need proof). The other note will be you asking them to annotate the entry with your explanation until such time as O2 issue a correction. This needs to be brief, factual and not derogatory to any parties involved (or it won't get added) In the meanwhile you just threaten O2 with the data protection act. There is a clause in there about you suffering from them passing incorrect information around. While you're threatening O2, you could push them to withdraw the entry on the basis that they kept failing to take payment when you paid with your electron card. Not sure how far they'd go, but it's worth a try. Hope this helps.
  10. Yesterday I phoned Currys and almost got somewhere. I got someone who sounded like he wanted to help, but needed to call another department. He took my number to call me back and I still haven't heard anything. So, today I phoned Currys - it wasn't pretty. I asked when it would be replaced, the bloke was more interested in some uplift code which the technician hasn't supplied (yet?). I asked again when it would be replaced (had to give them one last chance) and again I get some fob off about an uplift code ... blah ... needs inspected ... blah ... I told them I'd arrange to have it certified as faulty by an independant 3rd party. They tried to tell me that they'd send their own technician to do that. I asked why does he need another attempt? Hasn't he done enough damage already? I told them their technician wasn't independant enough as he has a vested interest in not certifying it faulty. I continued to ask for a refund, he kept talking about an uplift code. I then started talking trading standards, credit card companies, said goodbye and hung up. I've now logged a complain with Consumer Direct and raised the issue with my credit card company ... and about 15 minutes ago I ordered a new washing machine from somewhere else. Amusingly, that is something I discussed with the credit card company. Currys returns policy allows me to return faulty items to a store. I just don't have a car with a big enough boot and I'm not prepared to hire a van. I'll just pop it in the garage until they collect it. I'll be writing letters this evening ... One nice gem of advice I got from Consumer Direct is a phone number (08457 950 950) for the Royal Mail to get a proper address for a PO Box number. (Yes, Curry's Customer Service is a PO Box number - which of course won't accept recorded delivery items).
  11. Well, the technician was out today to have a look at the washing machine ... Things were off to a good start when the washing machine entered one of it's fault states before he arrived. Then when he did arrive, he was shown the movie clip of the other fault. However, what he wrote on the report made no reference to witnessing either the fault state upon arrival or the fault on the movie clip. He did replace the "module control" to see if that would help, but that isn't what I wanted (or needed). I was under the impression he was to witness the faults and certify the unit as faulty, not attempt to repair it. While it's too early to tell if all the origonal faults are present, I have been able to recreate one of them and I'm now painfully aware of the presence of a new one introduced by todays visit. I think I'll be phoning Currys tomorrow morning (and perhaps trading standards depending upon the outcome of the phone call with Currys)
  12. In August our old washing machine packed in so we bought a replacement from Currys telesales. As it turns out, that was our first mistake. A couple of weeks ago a few intermittent faults surfaced. It would sometimes stop before it had completed and the safety lock would sometimes engage when it shouldn't (like when it had finished after you had already unloaded the washing!) Called Currys last week to ask for a replacement as it's well within the 28 days they talk about in their exchange/refund policy - so shouldn't be a problem, right? Well, they logged the issue and gave me a number to call to arrange for an engineer to come out. This I don't have a problem with, from their point of view they just want to verify there is a problem with an expensive piece of equipment before they change it. The engineer was here on Friday and surprise surprise, the intermittent faults didn't occur in his brief 20 minutes here and also not surprisingly his diagnostic kit told him it was working ok. Called Currys today to ask for a replacement. Call it our second mistake. The first time I got through, Extremely Unhelpful Bloke took the details of the faults and just gave me the number of the repair centre. When I called that asking for a replacement they gave me a short "we don't do replacements, this is the Bosh service centre". The second time I got through, Almost Helpful Bloke took the details of the faults and wanted the serial number. Something which is on the inside of the door ... but the machine was running at the time so I had to call back. The third time I got through, Helpful Woman took the details of the faults (again?!?! don't these people write anything down?!!) and the serial number. She then attempted to get some pickup or lift code or something from somewhere and said she'd call me back. Sure enough, about 15 minutes later she did indeed call back. To say that an Engineer would be out to look at the washing machine on Wednesday. Apparently this is because the 1st engineer said it working perfectly. At this point I am now hacked off with Currys and no longer want a replacement. I want a refund. I'll go buy the same thing from somewhere else, even if it's more expensive. This time I'll be prepared. I've captured one of the faults into a movie clip on the digital camera. The other fault is a bit more random. What I need to know is what happens if the 2nd engineer says the unit is working perfectly? I have video evidence to the contrary but that's not what Currys will listen to. Hopefully the engineer will look at the video clip and certify the unit as faulty, but what if he doesn't?
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