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    • Hi I'm looking for a bit of help to deal with a claim form from Hoist/ Cohen referencing an old Capital One account please. I have filled out the details below as requested and submitted an acknowledgement of service intending to defend.   In 2007 I sent a SAR and requested a copy of the original CCA from Cap One on this account.    In 2014 Lowells sent a claim form for the same account. I have a copy of a notice of allocation to the small claims track hearing and a copy of the front sheet of ack of service with intent to defend but I have no recollection of its outcome and there are no CCJs on my credit file.    Name of the Claimant Hoist Finance UK Holdings 2 Ltd   Date of issue – 5/11/2019   Date of issue 05/11/19 + 19 days = 24/11/2019 + 14 days to submit defence = 7/12/2019 (33 days in total)   Particulars of Claim This claim is for the sum of £294 arising from the Defendants breach of a regulated consumer credit agreement referenced Under no XXXXX. The defendant has failed to remedy the breach in accordance with a default notice issued pursuant to ss. 87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX CAPITAL ONE). Written notice of the assignment has been given. The Claimant claims 1. The sum of 294  2. Costs   What is the total value of the claim? £369   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC I received a letter of claim & income / exp forms.   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes   Did you inform the claimant of your change of address? Not sure claim is for Credit card   When did you enter into the original agreement 2003   Do you recall how you entered into the agreement not sure   Is the debt showing on your credit reference files yes, as closed   Has the claim been issued by the original creditor. Assigned   Were you aware the account had been assigned – did you receive a Notice of Assignment?  from HPH2 to HFUKH2L, I don't have anything from Cap One.   Did you receive a Default Notice from the original creditor? Yes (2007) Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Not sure, I’ve had letters from Robinson Way.   Why did you cease payments? illness and inability to deal with my debts, I had no money no job and my mental health was in a terrible state.   date of your last payment? 07/2014 paid to Robinson Way   Was there a dispute with the original creditor that remains unresolved? No (PPI and bank charges refunded)   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes   Do I send a CPR 31.14 next asking for the agreement, notice of assignment and the Default notice?   Thanks.
    • It states the charge as: 'did enter a compulsory ticket area without having with you a valid ticket. Contrary to Byelaw 17 (1) of the Transport for London Railway Bylaws Made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962.' Then a brief statement of facts that the pass did not belong to me, and that I had stated it was due to financial reasons. It then contains information about making my plea and then the statement of the revenue officer. I am of course planning on pleading guilty before the cut off point and attending court (I'm hoping to be well enough to attend anyway). I'm just concerned about the consequences and if there is any point in trying to still reason with TfL now that court application costs are at least involved. I have debated getting a solicitor solely because of what I've read on the internet and what it says about ruined job prospects, I know it's probably scare tactics to get me to hire someone but it is the driving fear behind everything at the moment. 
    • You really MUST respond to the Singe Justice Procedure (SJP) notice and do so BEFORE the 'cut off' date.   Clearly, you will need to plead guilty and by doing so, you will benefit from having a one third discount in the amount of the fine issued.   You do not....I repeat NOT need to enlist the help of a solicitor and by pleading guilty, you will NOT be required to attend a hearing.   what exactly is stated on the charge sheet.    
    • I suspect the judge is giving you the opportunity to change [should your wish] anything in your initial defence now that the claimant has played their hand. it doesn't say witness statement but formal defence.   dx  
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Hoxton

PC World / Currys refusing to refund purchase in store ** FINALLY REFUNDED WELL DONE PC World in Ancoats **

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Hi there.

 

I recently ordered an iPad online via the PC world website and took delivery of it on Tuesday.

I had opened the outer cellophane packaging to take a look inside,

however the actual contents remain unused and are, of course, in brand new, factory condition.

 

I have since changed my mind and wished to return the iPad under DSR.

According to PC worlds Terms and Condtions regarding returns,

I can return items via post or in an actual store.

 

So I then went to a store yesterday only to be refused a refund in store as the item had been opened.

After arguing and pointing out the returns procedure, making note of the DSR,

I was still refused by the manager who was adamant he wasn't going to refund me.

 

I then went to another store around the corner and asked a member of staff

"Can i return an item I bought online, that has been opened, in store for a refund?"

 

He said "yes, under DSR."

 

This man was helpful, however I needed to speak to someone else to actually process the return.

Of course I was also turned away with the same rubbish saying since it has been opened I need to return it online via collection or post.

I said I have returned an item previously that I have ordered online (which had been opened) in store.

 

Their reply "Yes, cheaper items are fine but things like iPads have a different policy". What a load of BS.

 

Following that waste of time, I made a call to their head office CS who also don't seem to understand their own policies,

only to be told the store will not refund me. The person then opened up a complaint against the store.

 

This is from PC worlds website:

 

Returning your product to store

Whether you bought it in store, online or over the phone, all of our products can be returned to a Currys or PC World store.

 

Link: (can't post link due to post count but can easily be found on their website)

 

Here are their T&C's regarding returns:

 

Returns/cancellations and after sales policy

 

If for whatever reason you change your mind and would like to return your order after delivery, we’re happy to refund or exchange your purchase as long as it’s unopened and in its original packaging. This option is available for 21 days after delivery.

 

Following the Distance Selling Regulations,

we will accept items back even if you have opened the goods to inspect them.

You are entitled to a refund as long as you return your goods within 7 working days* from the day after delivery.

The goods must be in an ‘as new’ condition and returned in the original, undamaged packaging,

along with any accessories and free gifts received with it.

The product must not have been used or installed or have had any data inputted.

Whilst the goods are in your possession you must take reasonable care of them and not use them.

 

DVDs, CDs, memory cards and software packaging must still be sealed.

If you want to return a Software Product Activation Key card which is not faulty,

the silver strip on the back of the card must be fully intact as new.

 

* Working days means all days other than Saturday, Sunday and public holidays.

You need to return the goods to store, or contact us within the 7 working day period

– see three options below.

 

There are three ways to refund/cancel your purchase:

You can return the product to one of our stores with your receipt, bringing the card you paid with so we can credit it

You can cancel your order via the Contact Us facility on the Customer Services page

By phoning us on 08445 61 12 34 with your order reference number and delivery details to hand

 

We will then give you a full refund for the cost of the product plus the delivery charge paid. However we do have the right to retain any charge paid for services which have already begun or been completed. Refunds take 3-5 working days to be credited to your payment card.

 

We cannot refund/cancel your purchase:

If you return your product to a store without proof of purchase

There is a contract for services with the product and you have started using the services; this would include, for example, a mobile phone subscription

The seal has been broken on any DVDs, CDs, memory cards or software, including games, or on any personal hygiene products such as shavers

If the silver strip on the back of your Software Product Activation Key card has been partially or completely damaged or removed

The goods were a special order to your specification

 

I really don't know what to do now.

Sure I can get a refund the long way via post but it is now a matter of principle.

They're not only going against their own policies, but are refusing my consumer right to return my item.

 

What action can I take to get my refund and more importantly how can I take this up further, and with whom,

to make it clear thats these bad business practices will not be tolerated by consumers?

 

I paid via my visa debit card, perhaps a chargeback is possible? Order total was £499 :!:

 

Any feedback or advice will be appreciated. Thanks for reading.

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Formal complaint to ceo exhaust their complaints procedure then consider legal action.

 

It seems its an open and shut case. Sadly they think the law doesnt apply to them.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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This is the link to their returns and cancellations policy..

 

You do need to read a little further under the heading "Unwanted Items".. although it isn't actually quite clear what they do mean...

 

http://www.pcworld.co.uk/gbuk/returns-cancellations-878-theme.html

 

 

Unwanted products - read more

 

Unwanted products must be returned to store within 21 days of purchase and must be in their original, unopened packaging.

 

We can only accept returns and exchanges with proof of purchase. This can be the sales receipt, a bank statement or an online sales invoice.

 

We cannot return unwanted items that have been opened, have been used or are after 21 days of purchase.

 

In accordance with distance selling regulations, unwanted products bought online can be returned open within 7 days of purchase. However, they must include all original packaging, be in as new condition and not modified or excessively used in anyway.


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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

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I was under the impression you only had to inform the seller within 7 days of receipt that were going to return the goods, not actually return them within 7 days.

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@citizenB

 

I have read that but I can't seem to understand how that grants them the right to refuse to refund me. It has been less than 7 days, I have the original packaging and the iPad is brand new and has not been used.

 

They said if it was unopened they would let me return it, so I i don't see why they won't let me return it the same way under DSR instore. It seems they want to fob me off as the store doesn't want to be responsible for the opened product. They love to make up their own polices such as because it's an Apple product or online is different to instore. All lies.

 

As for a complaint to their CEO I need to get an address or email so I will look for that.

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..


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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Single Premium PPI Q&A Read Here

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The CAG Interest Tutorial Read Here

spreadsheets 

 

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UPDATE

 

So I went into another branch in town today (Manchester Arndale) with a copy of PC world's own Terms and Conditions and returns policy, and got the same issues.

The incompetent and ignorant manager refused to refund me instore even after I had explained what DSR is

and how i have the right to return it even if it has been opened.

Argued for 15 minutes until security were called then left.

 

I then took a 10 minute walk to the PC World in Ancoats (4th store now)

where I finally found someone who was not only competent,

but was aware and understand not only PC World's own policy, but the DSR as well.

 

He processed my opened iPad which was bought online and proceeded to give me my full refund which I was entitled too.

 

I explained the grief I got before and he told me half the managers don't know what they are talking about and don't understand how retails works.

 

After he advised me to make it known that the other stores were not doing their job properly,

and that I should report the stores and managers,

I thanked him again and was on my way.

 

I am persistent and refuse to let any company walk over me but it shouldn't be this hard to get a refund.

 

I fully intend to take this further and make a formal complaint against the offending stores and through other channels.

 

Any comments or further advice will be appreciated.

 

To any Dixons group employees etc. who read this understand your workers need to be made clear of the law

and you are not, or ever will be, above it.

 

Step up and sort your **** out or get off the high street.

 

In this day and age there is no excuse for bad customer service (non-existent more like)

especially when other big retailers can do the job right,

 

John Lewis for example.

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I am pleased you have this resolved now.

 

I imagine that stores only want to sell and not refund online purchases.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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