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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Kays refuses to refund / replace faulty goods.

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I recently purchased a Playstation 4 for my son for Christmas from my mothers catalog company called Kays.

We bought it on credit at £500 over 32 weeks and have paid the first instalment.


My son was unable to use it for four days during Christmas as the Playstation network was down.

We have now set it up for him to find that the disk drive is faulty and will spit out the game disk or not accept it at all.


I contacted Sony

who after troubleshooting this with me agreed that the unit was faulty and that they would accept it for repair.


I know from working with repairing computers and consoles that sending this back to the manufacturer can take weeks

and often months to get it back.



Beside that I feel as it is supposed to be brand new I didn't want a repaired console,

I wanted a new working console, especially as I have paid £100 more than what they cost in the shop.


I asked my mother to contact Kays and have them collect it and replace it.


My mother did this and was told that we must return the unit to Sony as they will not accept it back if it has been plugged in, faulty or not!


I feel this is outrageous as we did not buy it from Sony and have no contract with them

and I have never been told I can't return goods less than 30 days old that don't work correctly and get a refund or replacement.


So I wonder can anyone tell me if goods bought on credit from a catalog are subject to special terms

where the creditor takes no liability for the goods they supply?

I appreciate any help here as Kays won't budge.

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sale of goods act



clearly Kays problem.



write/email to the CEO of shop direct

and complain




please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The clubs have an arrangement with the makers of all types of goods that a problem will be sent back to the makers and not the club. This works, but it is still the club (seller) who is responsible and they cannot refuse to take it back.

They themselves can send it to Sony but that is up to them.



You can do what they ask or you can insist they take it back. It will probably be quicker to send it back to Sony.

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No. This is entirely normal behaviour from these companies. They pass the buck all the time.

However, if you give it to Kays, they will simply send it back and it will still take ages.


The only sure way of getting a replacement fairly quickly is to threaten and then to take legal action. A small claim in the county court would do the trick - but you may still be looking at weeks of delay

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Sorry - I have just seen the advice of some of the site team. They are both right, of course. However, your device is almost new and you are well-placed to insist on your statutory rights - meaning a replacement.


Our expereince of repaired items is that they often go on to develop the same faults again later on when it is then far more difficult to do something.


I would advise immediate action now. This means sending a 14 day LBA demanding a replacement and then a county claim if they cause problems. Don't get involved in any kind of negotiation. You don't have to feel that you are dealing reasonably with these people. they have your money. They are simpy trying to get an easy life - but at your expense

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Well I wouildn't start claiming before you have told us more of the story and we can tell you what is the best way to go.

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By the way, who lent you the money? Presumably this is a CCA agreement?


Whoops, just realised it is a catalogue

Edited by BankFodder
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Yes - record your call - but you are not entitled to publish it. You don't need to give warnings about recording as long as the recording is for private use.

If you get something interesting then tell us about it in a post on this thread - but keep the recording private

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OK I understand that so I won't publish the recording.


My mother ordered another PS4 from Kay's (http://www.kandco.com/) on a buy now pay 12 months later

so that I could give my son his Christmas present

and not have to pay for two of them until I sort this out and hopefully get refunded for one of them.


The new console arrived today and sadly it is white and not black like the broken one

or I could just have sent the broken one back pretending it to be the new one that I hadn't used.



That said I don't really want to start doing stuff wrong as I believe I am in the right

and don't want to give them any reason to make me look bad.


I went to my mother’s house today with the recorder and she phoned the company.

She verified her account and asked if I may speak about the PS4 issue which they agreed.

I told them that I no longer wanted a replacement or a repair because I had replaced the console.

I didn't say I had ordered another from them

and they didn't ask although the information would be on the account.


I said I wanted a return address to send the faulty console to and for it to be credited back to our account.

The woman at Kay's said that we would need to speak to the electrical department for that to happen

and said she would transfer the call.



Ten seconds later she came back on the phone and said the line was busy but gave us a number to continue trying.



We took the number but asked if we could hold anyway as we wanted to get this sorted out asap.



She said that was fine and we would be placed in a queuing system.



After a second or two we heard a ringing tone which for some reason sounded like an overseas ringing tone.



After about 6 rings a recorded voice stated the line was busy and "do not redial this number"!

I have never heard such a message before and after the line went dead.


I then phoned the direct number for the electrical department we had been given

to get another recorded message that I have heard before,

"The number you have dialled has not been recognized"!


I even double checked we had written it down correctly from the recorded phone call and we had.


We again phoned back on the normal number,

went through all the automated crap again before being answered.

My mother asked to speak to after sales and her reply was,

"Are you the lady about the PS4"!


They put her through again and again I took the call with permission.

I again told the woman I wanted to return the console and that I wanted a return address.



She asked me if I had a reference number from the help centre.

I started to get a bit [removed] now,



the only help centre they had put us through to was Sony PlayStation

and they confirmed to me that the console was faulty and needed to be sent in for repair.



They didn't offer any reference number and I had no intention of sending in a brand new console for repair,

at the time I intended to have Kay's exchange it so that is as far as I went with Sony.


I told the [removed] that I had spoken to the help centre and that they did not offer me any reference number.



She said that was alright and she would put me on hold while she got the reference number from them.

I didn't see how she was going to do that as Sony didn't even ask me my name or for the console serial number etc.


I probably should have guessed it was just another blow off after listening to music for ten minutes before I hung up.


Well I am at a complete loss on where to go with this now.



I think their customer service is disgraceful and the way they won't let me return faulty goods

I bought from THEM without keep passing the buck to Sony.


I have uploaded the terms from the back of a statement if anyone wants to read it.

Edited by dx100uk
behave - dx
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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

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