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Currys PC World - Refund Issue, Still Waiting Despite Numerous Promises!


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Hey Guys,
I really hope someone can give me some advice on what is the best course of action. I'll try and make this as brief as possible.
 

I purchased a Samsung Active2 Smartwatch from Currys PC World with their YourPlan scheme (powered by Creation Finance) on the 22nd of May 2020 for £294.00. The watch was okay at first but within a relatively short amount of time it developed Bluetooth connectivity issues and it went into Currys on two separate occasions for repair, both times to no avail. After speaking to a manager on the phone Currys finally agreed for me to return the watch for a full refund as it wasn't fit for purpose.


The watch was sent back via DPD which Currys arranged and I just had to await my refund ... or so I thought.


The watch went back over a month ago and Currys have no grievance with this, they acknowledge they've had the watch back, although they couldn't really dispute this fact as I have proof of postage, yet I still have no refund despite numerous (and I mean numerous) phone calls, emails and webchats.


They literally keep fobbing me off saying it'll be credited within a week, then it was two weeks, then oh sorry it has to be put through manually and still nothing and I feel like I'm being told anything to just get me off the phone. From looking at reviews on TrustPilot and Facebook it seems this is a relatively common problem.


What is my best course of action...

I've contacted Citizens Advice Bureau who told me to make a formal complaint with Currys (which I've done) - but this doesn't seem to have achieved anything.


The bank said they will get back the £144.00 I paid upfront with my debit card but the amounts I've paid via direct debit they can't do anything about and I'm worried about going down this route as I was told by Creation that if I cancel the direct debit it will show as missed payments on my credit file.... so right now I'm paying a direct debit for a watch I don't even have anymore ...


Small claims court is my other option but this seems a heavy handed approach, does anyone have any suggestions?


Many Thanks!
Rob

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what do you mean by 'small amount of time?

WHEN did you first report the issues to curry's?

 

 

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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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:rockon:

should have done that as soon as you knew you were being fobbed off.

section 75 reclaim for ALL your payments made under the agreement & cancellation of it too.

 

 

 

 

 

  • Like 1

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

 

  • Like 1

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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I'm not going to disagree with my site team colleague – but I would suggest a different approach.

First of all, congratulations on actually getting Currys to accept your watch back. Currys have shocking customer service and routinely and systematically deny people their consumer rights. I have to say that I'm quite worried that the person who agreed to take your watch back has now been put on a disciplinary and may even have lost their job because they have been too customer-facing.
I can imagine that what has happened is that someone has agreed to take your watch back but there is now an internal argument that they should have declined to accept the watch back and that they should have insisted that you send it to Samsung for inspection and repair and that they are now wondering how to escape giving you the refund on the basis that it should have been sent for inspection first.
Don't think I'm joking. You have done remarkably well – but probably very lucky – to get them to have taken the watch back.

While you can certainly deal with Creation finance under section 75 of the consumer credit act, it's likely to be a bit long winded. Section 75 is extremely useful and you are dealing with some dodgy dealer who may be running a short-term business such as used cars or cowboy builders where they routinely fold their business or become difficult to enforce judgements against. Or else you are dealing with some retailer who is based out of the jurisdiction, in China, for instance – so that you are completely unable to pursue the or to enforce any judgement.
That is where section 75 comes into its own.

Here you are dealing with a major national retailer that won't be trying to fold its business and has lots of resources to pay you out. Because of this, I would suggest that the quicker and more efficient approach will be a direct approach against Currys.

I notice that you are worried that suing them in the Small Claims Court might be a bit heavy-handed. My bleeding heart!


If you read through the threads on this forum about the oppressive regime that Currys operates against its customers. It's systematic attempts to decline liability and to shunt people over to some warranty scheme run by some cowboy outfit called Team KnowHow, how they routinely make people endure weeks and months while their quibble over faulty ovens or computers which they are please to sell but less pleased to stand by go wrong.
Here you are dealing with a major company with huge resources who are causing you untold problems simply try to get your refund when they have already promised that it would be made, and you are worried that maybe you are treating them too harshly.

The way forward with these people is swift and assertive action. You should threaten and then bring a small claim in the County Court. Your chances of success will be much better than 99% and of course you will recover your costs. Furthermore, if they push you to issuing the papers – and they are stupid enough to do that – then you will have added 8% interest to the sum claimed. That may not be very much but it is better in your pocket than in theirs.
If you went the section 75 route then it would be more involved, more circuitous and also you wouldn't get your 8%.

So you now have two options. You choose. We will help you either way. But my own preference would be to send them a letter of claim today.

 

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Thanks for the replies guys.

 

Section 75 I've been told by Creation could take months, I called them this morning and tbh after reading the awful reviews of Creation themselves I don't hold out much hope in getting the money back there.

 

It is with this in mind that I've taken BankFodders advice and I'm going to pursue this via the small claims court, I've sent a letter before action today via recorded delivery after using a template and editing to my needs and I've given them 14 days to respond, assuming they don't I'll then start proceedings,

 

any help would be most appreciated.

 

BankFodder thank you for the detailed post, you made some very good points 👍

 

I'll keep you updated with what happens!

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You certainly would get your money back from creation – but as you have already understood, they will make it tough for you. They don't seem to be a particularly customer-facing organisation.

Please will you post up the letter of claim which you sent. It will be helpful to see exactly what you have said.

In the intervening 14 days you should look through this forum about bringing a small claim in the County Court. It's not difficult but you need to be confident of the steps to take. Also you should open an account with the MoneyClaim County Court service and start drafting your claim there. You can save your work as you go.

Don't mince around. If they don't respond then on day 15, click off the claim.

The wording of the particulars doesn't need to be complicated

 

Quote

The claimant returned a faulty watch to the defendant retailer on XXX date on the promise of a refund of the purchase price. Reference number XXXX. The defendant has acknowledged receipt of the returned item but has failed to refund the purchase price despite strenuous attempts and reminders by the claimant and various promises by the defendant. The claimant seeks £XXX reimbursement plus interest pursuant to section 69 of the County Courts Act 1984 Plus court fees.


Check this and see if you think it is correct and if any points have been missed out and you are prepared to sign it as a statement of truth
 

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Got my refund this morning,

amazing what happens when you threaten court action.

 

Very surprised as I only sent my letter of action yesterday,

I'm assuming it's more down to the emails I'd sent in the last few days citing court action.

 

 Not out of the woods yet as in whilst the refund has been credited back to my Creation YourPlan account I won't rest until it actually hits my bank account,

 

I've been told 3-5 days by Creation after speaking to them on the phone this morning.

 

Thanks for the help guys!

 

e-Receipt.jpg

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