Currys admited they were wrong but will not refund anything happens

[rebel11]

Put the 'mis-selling' to one side, the product was 'refunded'. There was no requirement for the 'cover' as the product had been refunded. Also could I walk into Curry's and buy the 'Whatever Happens Cover' without buying any product?

[Jeffinatelymaybe]

Hi all

I joined the forum after reading all of your very good advice and as the subject of the post i feel i should explain the full facts. Below is a copy of the correspondence i sent to Paul on the advice of my neighbour.

 

On February 20th 2012 I went to Currys Nuneaton to buy a tablet pc. My wife and myself were looking at these items and deciding which one would best suit my needs. After a short while we were approached by an assistant who offered to assist.

After discussing the various models I decided to purchase the Samsung Galaxy 10.1 tablet and asked the assistant for finance details on the product spread over 36 months. The assistant went away for quite a while and on his return informed me that it would be £23.09 per month or the other option was to have one on ‘contract’ at £25.00 per month and upgrade it every 2 years. I declined the contract offer but said I would go ahead with the purchase on finance.

We then went to the point of sale while the assistant went to fetch the item, He came back with a bundle and proceeded to process my credit application, When this was complete and my deposit paid he then gave me the tablet and informed me that I also get a Samsung book jacket with it, Internet security and Cloud software (I didn’t even know what that was ) He also informed me that I also get cover with it in case it breaks, gets dropped or anything happens to it. At no point did he say these things were optional.

On Wednesday June 27th I had reason to check my direct debits and whilst looking through these I noticed a payment of £7.50 was being made to curry’s, On further investigation it appeared that I was paying £15.59 to the finance company and £7.50 for ‘Whatever Happens’ to Currys. I then dug out the paperwork and receipts and saw that I had in fact purchased this ‘Whatever Happens ‘ policy along with the Cloud Software, The Jacket and internet security.

I rang the shop and spoke to the assistant who served me on that day and he remembered me. I stated that I had not been given the choice to purchase these things but was led to believe they were in with the tablet and that I would not have purchased the ‘Whatever Happens ‘ or the Cloud software had I been given the choice. I also stated that I have purchased several items from Currys in the last few years including a large screen TV, 2 Laptops and a home theatre system and declined the ‘Whatever Happens’ cover because in my personal opinion it is worthless. He said he was sorry if he gave the impression that they were ‘ In with the item’ and made arrangements for me to go into the shop on the Friday (29th June) to resolve the matter.

In The Shop

My wife and I visited the shop on Friday 29th June and i spoke with the assistant. At first he said he was sorry that he had given the wrong impression and he was willing to refund these items in ‘Gift Vouchers’ which I declined. I stated that I believe I was misled into purchasing these items and I wanted a refund, I also said that I was aware that the Jacket had been used and would therefore keep this item as long as the Whatever Happens and the cloud software was dealt with to my satisfaction. He went away to seek advice from his manager and on return said that he would have to cancel the entire transaction and credit agreement and issue a refund and then set up a new finance agreement adjusting the price accordingly, To which I agreed. He then made a phonecall to Creation Finance and spoke to an operative called Leanne who advised him on the procedure, Which was to cancel the original finance agreement first and issue a refund.

At this point we had been in the shop for an hour or so and my wife looked ‘Hot and bothered’ so I told her to go outside and get some fresh air and that I wouldn’t be long .

The Assistant then proceeded to cancel my original agreement and issue me with a refund which I signed for, then he took all of my original paperwork from me.

He then started to process the new credit application which would be £14.? Per month for the tablet AND the jacket and the internet security to which I had no objection.

The first problem we encountered was the fact that I didn’t have 2 forms of ID with me and I explained that when I left the house I hadn’t envisaged having to go through this process again. The assistant again went to seek advice from his manager and on his return asked me if I would log into my internet banking and download a statement to be used as ID. This I immediately refused to do as a matter of security, I will not put my banking details into any other computer but my own. He then said we may be able to get around this problem by inputting my bank account number which he did.

I have to state by this time I was getting rather concerned about my wife and a little impatient as I was already late for other things I was doing that day.

The next problem we encountered was, He asked for a deposit on the new agreement of £44.? And I asked him if the refund he had previously processed would have reached my bank account and when he said it would probably take 3 days I told him that in that case there would be insufficient funds in my account to cover this. He suggested I use my credit card but I explained I couldn’t use it. So we faced another dilemma.

I was now getting increasingly concerned about my wife and with no solution in sight we were joined by who I assume to be his superior . This gentleman then took the tablet from me and suggested that they keep the tablet until I was able to call in in a few days to pay the deposit to which I had no choice but to agree and before leaving the shop told them that I would contact the finance company and currys customer service and pending the outcome I would be back in a few days with my deposit.

The Phone Calls

Later in the day (Friday 29th June) I made a call to Creative finance and asked the operative if she could check whether the original finance agreement had been cancelled. She informed me that ‘No action had been taken on this agreement and it still stood’ She also stated that a second finance agreement had been submitted but was awaiting confirmation of ID. She said she would add a note to this on the computer and to call them on Wednesday in case there was a time lapse before the cancellation went through.

I then called Currys customer service and spoke to an operative called Robert ( a very helpful chap I might add) I explained everything to him (as above) and he made notes then asked me to hang on while he spoke to the shop.

When he came back he stated that he had spoken to the duty manager because the assistant I dealt with was on his lunch break . The duty manager had told him that they hadn’t agreed to refund the ‘Whatever Happens’ because I had had it for 4 months and that they would only refund the cloud software as a ‘Goodwill Gesture’ . This was totally opposite to what was agreed in the shop. He also stated that they were holding the goods as ‘collateral’ until I paid the deposit on the new agreement.

Robert then stated that I could cancel the ‘Whatever Happens’ cover with him but he doubted that I would get a refund . I then proceeded to cancel the cover because I was not even in possession of the goods insured. He also said he would file my case as a complaint to the area manager and that I would need to resolve this problem at the shop. I thanked him for his assistance and the call ended.

My grievance

I acknowledge that it took 4 months for this to come to light but may I say I have shopped at Currys and purchased several items on finance for many years and have developed a trust in their sales team and therefore I never thought I had reason to ‘Check the small print’.

I believe I was deliberately misled into purchasing these ‘extras’ as at no time did he give me the price quote that I requested from him at the time( Which was for the Samsung Galaxy 10.1) . This would have been by my calculations now at less than £14 per month, Not the £23.09 that he quoted.

I have purchased several items from the store and have declined all extended warranties including ‘Whatever Happens’ on every occasion because I believe the ‘Sale of goods act’ to be sufficient. Therefore there is NO WAY I would have agreed to purchase it on this occasion.

Because I believe I was deliberately misled I insist on a full refund on these extras.

I also have another concern: My Tablet has been confiscated by the shop which contains my bank details, My ebay account details and my other personal details. I intend to seek advice about this and seriously hope that these accounts are not compromised whilst it is in their possession.

I intend to wait until the original agreement and refund have been confirmed, Then I will contact the shop with the hope of resolving this matter one way or another.

I do not have any of the original paperwork because they were retained by the shop. I only have a refund receipt.

Update

Tuesday July 4th I telephoned Creation Finance for an update and confirmation that the original agreement had been cancelled. They said it had indeed been processed on Saturday. I then asked when the payments I had already paid would be back in my bank account and they said probably Friday.

When this refund is back in my account I will be ready to resolve this matter.

Just one point I’d like to add. The subject of ‘checking the receipt’ keeps cropping up. On the receipt all of the extra items were scored out with a biro pen, This led me to believe that they were not being charged for.

Many thnks for the advice so far

[rebel11]

Welcome to CAG Jeff.

[Guest Paul - CurrysPCWorld]

Hi Jeff,

 

Do you have any obligations to me posting you my response?

 

All the best,

 

Paul

The KNOWHOW Team.

[Jeffinatelymaybe]

hi paul

no problem carry on i posted my explaination because things were getting confusing.

i have no wish to have any arguments on forums just posted the facts to straighten out some of the points made by others.

thanks for taking the time to look into it.

regards Jeff

[rebel11]

Hi jeff

 

I would deal with this as a matter of urgency:-

 

'I also have another concern: My Tablet has been confiscated by the shop which contains my bank details, My ebay account details and my other personal details. I intend to seek advice about this and seriously hope that these accounts are not compromised whilst it is in their possession.'

 

You can contact the ICO :- https://www.ico.gov.uk/Global/contact_us.aspx

[Guest Paul - CurrysPCWorld]

Hi Jeff,

 

Thanks for taking the time to forward me your correspondence, I am sorry to read that you have experienced an issue in your local store when you took out a finance agreement.

 

Having spoken to the store about this they have informed me that the extended agreement was offered to you as part of the package.

 

As a gesture of goodwill I will be able to offer you two months worth of payments (£15.00) in the form of a payment voucher. As this is a direct debit it is ultimately the responsibility of the customer to be aware of what is coming out of their account, this would have also been on your receipt at the time of purchase and would have stated the charge involved.

 

Please accept my apologies that I am unable to offer you any further gesture of goodwill towards the resolution of your experience.

 

Kind Regards,

 

Paul

The KNOWHOW Team

[Moaninsod]

Basically what you are saying then Paul is that you believe the store staff but not the customer. It is ultimately up to the store to not mis sell insurance.

[Moaninsod]

I see the phrase gesture of goodwill seems to be being used a lot -- we all know what that actually means "We have cocked up- don't want to admit that to the customer and it will make us look good."

[Guest Paul - CurrysPCWorld]

Hi Moan,

 

Not at all and that is why I have offered the customer a % back in the form of a payment voucher.

 

It's my job to be impartial in these sort of claims as with every other issue. My main objective is to look to create a resolve that is suitable and I believe that this resolve is suitable.

 

As stated in an ideal world this would not have happened and the customer would not feel like they have been mis-sold an agreement. However, I was not there at the time of purchase and neither was anyone else other then the customer and the store colleague so all judgement that is cast on here apart from the customer is pure speculation towards what happened.

 

I totally appreciate where the customer is coming from and I have said that from pretty much my first post and that is why I have offered what I have. If the customer chooses to accept then great, I do understand if they choose to reject what I have offered.

 

The issue is some people have stated getting the FOS they would not get involved here because the agreement in which the 'Whatever Happens' policy falls under is not an insurance policy its a repair support agreement. That's bye the bye though.

 

I have said all I can now about this, if you would like to get back to me Jeff your more than welcome to and I will do my best to advise you as best I can but unfortunately the stance of the company will not change with regards to the GOGW.

 

Kind Regards,

 

Paul

The KNOWHOW Team.

[rebel11]

Hi jeff

 

You have lots of options open to you, you shouldn't be out of pocket, regardless of whether the FOS can look into the matter or not. Let them refund the bulk of the monies, then lets see whats outstanding.

[Moaninsod]

Looks like it is up to you Jeffinately' on where to go on this. Unfortunately I do not have enough expertise on these issues on what to do next but I am sure someone on here can help.

 

I would like to state though that I think £15 of gift vouchers which ultimately will cost the the company about a fivers worth of stock before profit is added on is very shabby in my opinion. Basically the only winner in this is Curry's. Give you £15 in one hand but make you give it them back by only being able to spend it with them.

That is only my opinion and not any type of advice

[Guest Paul - CurrysPCWorld]

Hi Guys,

 

I wouldn't normally do this on here but because the discussion is in the open. I would be prepared to change the voucher to a BACS payment instead so that it is a direct refund of 2 months worth of agreement fees.

 

All the best,

 

Paul

The KNOWHOW Team

[Jeffinatelymaybe]

Thanks rebel

This has been my intention all along, I'm waiting for my finance payments to be re-embursed from Creation finance and then i will consider ALL options.

As i have stated i have no wish to argue my case on the forum, Only to point out the facts to the many people who have been kind enough to offer me they're advice and for this i thank you all

many thnks

Jeff

[seanamarts]

Paul, what about the personal information held on the device? can you personally guarantee that information held on the device will not be tampered with.

Do you not think that all information held on the device should have been cleared and backed up before the device was taken off the customer?

 

I have to say I find this very worrying and I am sure i speak for the customer here.

[labrat]

im not sure how it would work with tablets but i know all laptops that are returned are ALWAYS run through a data wipe program

[Jeffinatelymaybe]

Hi Caggers

Here is an update.

Some good news and some not so good news.

I recieved a payment of £30 from DSG Retail which i assume is my refund for the Whatever Happens, Thanks for that Paul.

I have not recieved a refund on my Finance payments from creation Finance.

I contacted Creation today and the stated that there has been a delay which is partly Currys and partly Creation's fault but it has been dealt with today and my refund has been issued. Also the account would be closed by 'close of banking ' on Monday.

I then enquired whether there would be a time lapse on the new agreement which is awaiting my signature at the shop because i need to be prepared if a new one had to be processed (I would need to take 2 forms of ID etc:).

Her Reply was There is no time lapse on the agreement...she then added that the agreement is active until cancelled by the shop AND would show up on my credit record as an outstanding debt.

Can this be right that a finance agreement without my signature shows up as an outstanding debt.

I was going to buy a car this weekend but this leaves me thinking that my Finance application may be affected by these events >>>any advice would be appreciated

Thnks Jeff

[SPinDerbyshire]

Hi Jeffinatelymaybe.

Have you considered a complaint to Trading Standards? They may be able to take action under the Consumer Protection for Unfair Trading Regulations 2008, which protects consumers from aggressive and deceptive sales techniques. You can make a complaint via the Citizens Advice Consumer Service on 08454 04 05 06. As many people have pointed out, consumers should always keep a keen eye on what's going out of their bank account. That said, although I can't comment on the specifics of your case, in general it is quite infuriating when companies desperately try to claim that you're at least partially liable for their mistakes and/or criminal behaviour.

[Jeffinatelymaybe]

Just to bring you up to date. To try to darw a line under this I went and signed a new finance agrrement for the tablet on friday 6th July. I still havent recieved my refund from the original finance agreement but it is promised before this friday.

I have now recieved a letter from Curry's 'Knowhow' dated 29/06/12 (The day the original agreement was cancelled and a new sale was processed) it reads as follows:

Thank you for buying a 'Whatever Happens Premier Club Agreement' and goes on to state the terms and conditions.....UNBELIEVABLE !

[rebel11]

Hi Jeff

 

Maybe the actual forms are cheaper for Curry's if they have 'Whatever Happens Premier Club Agreement' printed on them. Only explanation.

 

Just to bring you up to date. To try to darw a line under this I went and signed a new finance agrrement for the tablet on friday 6th July. I still havent recieved my refund from the original finance agreement but it is promised before this friday.

I have now recieved a letter from Curry's 'Knowhow' dated 29/06/12 (The day the original agreement was cancelled and a new sale was processed) it reads as follows:

Thank you for buying a 'Whatever Happens Premier Club Agreement' and goes on to state the terms and conditions.....UNBELIEVABLE !