False advertising at Currys?

[Mike W68]

I know there is a forum specifically for currys, but I thought this one warranted a wider audience.

I needed a phone quickly to replace one that was destroyed over Christmas. I rely on my phone for work and not having a phone will seriously affect my ability to make money. I found the phone I wanted yesterday on Amazon for £395 and at Currys for £399. I checked the availability at my local currys store and it said that they had plenty at all my local stores. Rather than waiting a day or two from Amazon, I decided to order online from Currys and pick it up from my local store.

This is where the issues started. Currys website wouldn't allow me to create an account and gave me a number to call instead. I called the number and paid for the new smartphone over the phone. Within an hour or so I had received an email telling me that the phone might not be at my local store and telling me that they would call me to explain. They didn't call me.

This morning I called them and was told that they didn't have any anywhere and they were unable to tell me when they would have them in stock! I asked them to refund the money immediately so that I could buy one from Amazon. They said it would take 3-5 working days to refund the money. I went a bit mad and they told me a manager would call back. The manager called back and told me that they had some in Preston and it was only an hour's drive from where I live. I calmly told them that I was an active member of the consumer action group and that I had the CEO of Curry's email address in front of me. I suggested that they have the phone sent by courier to my house, or my local store, today. I was very polite.

She said that she would see what she could do. She phoned back ten minutes later and said there were no phones anywhere in the country!

Now I have no phone and not enough money to buy a phone that I need desperately for monday.

Can anyone suggest a course of action? Surely, stating availability in order to get a sale is bordering on criminal activity!?

very angry.

Edited January 4, 2013 by Mike W68

[Bullpoofilter]

Unfortunately you may be at their mercy in some respects, the terms and conditions clearly state:

 

Exchange/Refund: We will then give you an exchange or full refund. However, we do have the right to retain any charge paid for services which have already begun or have been completed. Refunds take 5-7 working days to be credited to a payment card.

 

They also go on to say:

 

Our contract after you have ordered

 

Firstly, don’t panic if you make any mistakes during your order, you can correct any input errors right up until you confirm payment.

Once you’re happy everything is correct and you’ve submitted an order you’ll be given an Order Reference Number and details of the products (and/or services) you have ordered. You’ll then receive an email headed ‘Order Acknowledgement’ recognising receipt of your order. We will then send a further email headed ‘Order Confirmation’ and this is when our contract with you begins. This second email also lets you know how your products will be delivered to you. If we have to cancel all or part of your order for any reason, we will email you to let you know.

 

If you choose our Reserve and Collect service you will be given a reference number and details of your order. You will not be asked to pay until you collect the goods from your chosen store.

 

Because all Reserve & Collect sales take place in our stores, sales are subject to the normal in-store terms of sale, statutory rights and the Manager''s discretion. Just take your Reserve & Collect print out and/or reference number with you and our store will sell you the goods at the website price or store price, whichever is cheaper.

 

Sometimes we have to hold our hands up and admit we have made a mistake by unintentionally publishing inaccurate information on the site (e.g. the price, description or availability of a product you have ordered). In this instance we may have to cancel your order at any time up to the point we send you the product(s), even if you have received your Order Confirmation email, and you will receive a full refund of any charges already paid.

 

http://www.currys.co.uk/gbuk/terms-and-conditions-1044-theme.html

[Mike W68]

Arghh! But when I called them to reserve they said I had to pay for it over the phone! They didn't follow their own procedures because they say that you don't have to pay until you pick up the item in the terms and conditions.

The cynic in me says that their website was conveniently innaccurate and that they are getting the money in the bank by telling people that the stock is available when it isn't. I asked the salesman on the phone and he confirmed availability.

 

Still furious.

[Bullpoofilter]

Understably you're unhappy but I'm guessing the salesman used the same information that you did in checking availability so an error in the website would show as an error with them.

 

Is there an alternative phone / cheaper one or even your old one to keep you going? Sometimes there's a good argument for a slightly better phone as a measure of goodwill.

[dx100uk]

use chargeback!

 

dx

[Mike W68]

I'm guessing he did, but he shouldn't have said that I had to pay over the phone, when that is not the stated procedure.

 

My old one is destroyed unfortunately. I've had to buy a tescos cheap phone to see me through, so Currys have cost me £20 already.

[Mike W68]

use chargeback!

 

dx

I spoke to my bank but they didn't mention this. What do I have to do?

 

I'm googling it now, but if anyone has done this and can advise, Id appreciate it.

cheers

[BRIGADIER2JCS]

Tell your bank Currys have taken the money and failed to deliver the good and you require an immediate charge back.

[Mike W68]

My bank said there's no such thing as an immediate charge bank and that it could take up to two weeks! They have given me an authorisation code for the transaction which they said might speed up the refund a little.

 

I'm absolutely powerless to do anything about this - they have my money and I have no phone until they refund me and I go somewhere else.

 

Disgraceful.

[BRIGADIER2JCS]

Many banks say it's impossible to do, they are wrong I have done it and so have others.

[Mike W68]

Many banks say it's impossible to do, they are wrong I have done it and so have others.

 

They didn't say it was impossible, they said it could take two weeks. They said it would be quicker to wait for the refund.

[BRIGADIER2JCS]

I still think tha nonsense.

[locutus]

I worked for a bank a long while ago, a chargeback I had to fill in a form and it would take a couple of hours to credit, although we advised up to 24 hours to credit.

 

Currys have a rep on this forum, if you ask for this thread to be moved to the Currys sub-forum maybe he will pick this up and be able to shed some light on the issue?

[stu007]

Hi

 

Well something I would consider challenging Currys on is:

 

In those Terms & Conditions it states 'Exchange/Refund: We will then give you an exchange or full refund. However, we do have the right to retain any charge paid for services which have already begun or have been completed. Refunds take 5-7 working days to be credited to a payment card.

 

Please note the 5-7 working days that is important - remember you have paid into currys Bank Account so during that 5-7 working days that money is collecting interest at currys bank before you end up getting your refund.

 

So are currys going to give you a full refund plus that interest gained from the date you made that phone payment which will be more than 5-7 working days for the actual refund while in their bank account and just think how many people they do this to it seems a nice little earner for them.

 

So your payment has been collecting interest from the day you made payment to currys, then add this and the 5-7 working days for a refund but you only get a full refund and they keep the interest that it gained while in their own bank account.

Edited January 4, 2013 by stu007

[dx100uk]

the op decided he wanted to start the thread here see post 1....

 

as for the chargeback

stay on the phone

go upi the chain till you get it

 

DONT be fobbed off

 

90% of bank staff have NO IDEA what it means

 

dx

 

 

dx

[joka007]

currys t & cs cover mistakes over stock avail, so no criminal activity there. as for your resolve. if no stock, then full refund. or choose alternative. mistakes do happen, oh well

 

Sometimes we have to hold our hands up and admit we have made a mistake by unintentionally publishing inaccurate information on the site (e.g. the price, description or availability of a product you have ordered). In this instance we may have to cancel your order at any time up to the point we send you the product(s), even if you have received your Order Confirmation email, and you will receive a full refund of any charges already paid.

[san_d]

You would have been better off with Amazon. They might be big and evil but they have a good customer service and excellent return policy.

[Mike W68]

You would have been better off with Amazon. They might be big and evil but they have a good customer service and excellent return policy.

 

Ha. Hindsight is a wonderful thing! My problem is that I believed currys when they assured me they had them in stock on thursday, only to tell me there were none in any of their stores at all.

 

They basically lied to me to get a sale and I'm furious. I have had to buy a phone from tescos that I can ill-afford and I have already lost a day's work as a result of their p*** poor customer service. They have my money in their bank.

 

Furious doesn't even come close to describing how I feel about the way they have dealt with me. I was talking to a guy this morning who said that he had had the same thing happen to him with another company, i.e. the website told him his product was available so he paid for it, only to be told that delivery was 13 weeks away. In the meantime, he had thrown away his bed because he thought he was going to replace it the next day!

 

The moral of the story is NEVER believe websites when they claim that stock is available and get a cast-iron guarantee before paying for anything in this way.

[Mike W68]

It wasn't just the website that was 'making a mistake' though. The salesman assured me that the phone would be available for collection - is that kind of mistake also acceptable? Not in my eyes it isn't.

 

I'm sorry, but hiding behind a mealy-mouthed catch-all clause in the t+c doesn't wash with me. Currys told me they had the stock twice. Once on their websites (mistakes do happen blah de blah) and then once again over the phone by a genuine human being, who told me the phone wasn't in the shop today but would be the next day.

 

If I was able to tell my customers "sorry, mistakes do happen" every time I let them down, I would soon be out of business. In the meantime, my money is in their bank and I am unable to buy the phone I want.

 

I have had to buy an over-the counter cheap phone from tescos (£20) and have lost £70 because an agency couldn't contact me to offer me work. They left a message on my answerphone in the end, but I got the message too late - the work had gone to someone else. My phone was engaged because I was speaking to currys customer service at the time. That was one of three or four conversations I had with them yesterday at God-knows what cost. I waited for a call from them all afternoon to tell me when the phone would be in stock. That call didn't come and I had to call them back again. Guess what, currys will have none of these phones in stock for at least four weeks. I've cancelled the order and am now waiting for my refund before I can buy another phone.

 

Not good enough. I'm furious and will be writing to John Browett this afternoon, although I guess he will hide behind the terms and conditions, or offer me a sincere apology.

[Old Cogger]

Same thing happened with Argos, bought item over net collect at local store = fine minutes later text message item available from next Monday at store? Cancelled there and then.

 

So all they are doing is stating an item available, but not stating at time at the Local store, could have to come 200 miles to the local store,.more like a catalogue store system.

 

= lack of stock in the system to start with.

[Mike W68]

Same thing happened with Argos, bought item over net collect at local store = fine minutes later text message item available from next Monday at store? Cancelled there and then.

 

So all they are doing is stating an item available, but not stating at time at the Local store, could have to come 200 miles to the local store,.more like a catalogue store system.

 

= lack of stock in the system to start with.

 

If the software cannot reliably inform customers of the availability of products in store, then it is not fit for purpose and shouldn't be in use. End of story. In my case, however, I was assured by a salesperson that the item would be in stock for me next day. It wasn't, so I haven't got my phone but they do have my money.

[Old Cogger]

John Browett send letter as a formal complaint?

[Mike W68]

John Browett send letter as a formal complaint?

 

yep

[Mike W68]

actually it's not Browett anymore.

[san_d]

The moral of the story is NEVER believe websites when they claim that stock is available and get a cast-iron guarantee before paying for anything in this way.

 

Now it will sound I am an Amazon sales rep, but not all sites are liars. On Amazon when it says it's in stock it's usually in stock, at least if it's Amazon warehouse. Currys/PC World have always had a bad rep, at least in my experience.