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  • FIRST POST
    • Starsphinx
    • By Starsphinx 6th Mar 17, 10:46 AM
    • 29Posts
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    Starsphinx
    Very catalogue not responding - what now?
    • #1
    • 6th Mar 17, 10:46 AM
    Very catalogue not responding - what now? 6th Mar 17 at 10:46 AM
    I am claiming ESA in the support group so have a limited income and bad health. For ages I have used Very catalogue as a way of managing larger purchases and up till now found them really good. However since Christmas I have had nothing but problems and I do not seem to be getting anywhere. It is having a serious effect on my health and I am scared I am going to be left stuck paying because I cannot fight anymore. Excuse the long post this has gone on a while.
    23rd November Order Acer laptop on buy now pay in 12 months
    26th November Laptop arrives
    Couple of days later open laptop to check it - find there is something not quite right with the screen which becomes more of a problem as checking various uses.
    Very website says to contact Acer direct so do. Acer send new drivers, install them, no change. Acer say to send laptop to them which I do, it comes back with exactly the same thing and a letter saying that there is no fault with it.
    23rd December phone Very and explain what has gone on and state if there is no fault with the machine then it is not fit for purpose because cannot watch videos/TV on it and I want to return it and have it removed from my account. Advisor arranges return for just after Christmas and says refund may take up to 10 days because of holiday.
    27th December send laptop back. Order a different one as I do need a laptop. Different one is fine.
    Around 10th of January still not had it removed from account so contact again. Told by different advisor that laptops not eligible for returns and will not be refunded without say so from manufacturer. Told them it had been returned and ask what was happening with it - they did not know said they would refer it to the technical department who would take up to a week to contact me.
    One week later still no contact try again told it is in the hands of the technical department have to wait for them to contact me.
    Another week later preparing to contact them again as still have heard nothing (all this is sucking energy I dont have) when knock on the door and a courier returning the laptop to me with the same letter from Acer saying no fault.
    I contacted the consumer rights line run by Citizens Advice after being pointed to it by my local council. They take my details and say they will refer me to see if my local Trading Standards will take the case on.
    Trading Standards do not respond, am told about finding an ombudsman, and providing evidence of my issue.
    Take the laptop to a local computer store pay £30 for report confirming there is an issue with it - there is no attempt to fix it because I am not paying for that.
    Very website provides phone number for complaints - phone it and get told complaints have to be made via webform. Find the form type out my issue - laptop has problem want to return it and have it removed from my account. Form says response in 24 hours.
    One week and one day later response sorry your laptop has developed a fault, we refer customers to manufacturer, no return without manufacturer say, please send independent report.
    That arrived Friday - I replied saying it had not developed a fault it came with it, that I am very unhappy about response time, attached the copy of the report and stated I expected at least an acknowledgement of this within the stated 24 hours. As of now there has been no response.

    What do I do now? I have no energy to contact an ombudsman and go through it all again - my record keeping is bad anyway. I have the laptop the report and thats it. I just want the thing gone and off my account. I am down what I have paid for the report and I am tempted to just see if I can sell the thing for a loss and pay the rest to get rid of it.
Page 2
    • naedanger
    • By naedanger 10th Mar 17, 11:05 AM
    • 2,184 Posts
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    naedanger
    Wrote them to tell them I do not have to prove manufacturing fault just the existence of a fault and telling them I wanted a refund. Asked if that was their highest level internal complaints for FOS. Well that affected the speed of their response as it was hours not days but their response remained that my report was insufficient go and get a better one.

    So I am going to try the FOS.
    Originally posted by Starsphinx
    I suggest you explain to FOS that you bought on finance, your complaint is about Shop Direct Finance Company Limited and you have already followed their complaint process as set out here:


    http://common.very.co.uk/assets/static/pluck/complaints-procedure.pdf
    • Starsphinx
    • By Starsphinx 10th Mar 17, 6:30 PM
    • 29 Posts
    • 12 Thanks
    Starsphinx
    Before you go to FOS you need a deadlock letter/email from them (or 8 weeks have passed since the complaint was raised).
    Originally posted by DoaM
    I will ask them for one - why do I suspect they are going to deny it?
    • Starsphinx
    • By Starsphinx 10th Mar 17, 6:36 PM
    • 29 Posts
    • 12 Thanks
    Starsphinx
    I suggest you explain to FOS that you bought on finance, your complaint is about Shop Direct Finance Company Limited and you have already followed their complaint process as set out here:


    http://common.very.co.uk/assets/static/pluck/complaints-procedure.pdf
    Originally posted by naedanger
    They keep that well hidden - its the first time I have seen it. No doubt the catalogue will claim they are just asking for further information in saying that the report I have is not sufficiently detailed but I do not have the money to pay for the level of detail they are asking. As far as I understand it the matter is a simple the laptop was faulty I am entitled to a full refund and am not obliged to accept a repair.
    • naedanger
    • By naedanger 10th Mar 17, 7:04 PM
    • 2,184 Posts
    • 1,768 Thanks
    naedanger
    They keep that well hidden - its the first time I have seen it. No doubt the catalogue will claim they are just asking for further information in saying that the report I have is not sufficiently detailed but I do not have the money to pay for the level of detail they are asking. As far as I understand it the matter is a simple the laptop was faulty I am entitled to a full refund and am not obliged to accept a repair.
    Originally posted by Starsphinx
    They can say what they like, it doesn't mean they are right. (They are wrong, as others have said, to say you need to show what caused the fault as the laptop was less than 6 months old.)

    I am not sure if you are planning to write directly to FOS now.

    If you want to give the company one last chance you could send a final letter following the company's own complaint procedure claiming £x (being the refund for the laptop and the cost of the report) . (In other words just write up what you have already said in this thread and include a copy of your report. Don't bother getting any further reports, you don't need them. Maybe take some photos of the screen showing the problem, if you can clearly capture the problem in a photo.)

    You could (I would) also add to your complaint that you believe they have handled your complaint [very] badly by not highlighting their formal complaint process despite your clear expression of disapproval and insisting you get a report to show what caused the fault when this goes against your statutory rights (as the item was less than 6 months old). Therefore you are seeking a further [£25] compensation to cover the extra time and effort you have had to spend dealing with this matter because of their failure to treat you fairly when you first contacted them. You could (I would) also add that your claim for compensation will increase to [£50] if you are forced to submit a complaint to FOS because that will require further time and effort, and delay in getting a fair remedy.

    PS I have not fully read this thread so the above may not fully reflect the facts of your case, so ignore anything that does not make sense.
    Last edited by naedanger; 10-03-2017 at 7:08 PM.
    • Starsphinx
    • By Starsphinx 12th Mar 17, 4:44 PM
    • 29 Posts
    • 12 Thanks
    Starsphinx
    I asked for confirmation of deadlock - and they have replied stating that they have checked their records and the device is still under warranty and that the manufacturer will work out what the problem is for free and repair or replace the item. Ignoring the fact it has already been looked at by the manufacturers who deny there is a problem with it I do not want it repaired or replaced I want it refunded because I have already bought a replacement (from the same catalogue!!!) I bought the replacement when I returned the laptop to them the first time, which was arranged by them.
    Am I entitled to a refund or do I have to accept the repair - if one is even done considering that the manufacturer cannot see a problem with it - and still pay for the machine which has been of no use to me. I obviously cannot get a return on the one I bought as a replacement as it has been used and there is no problem with it.
    • naedanger
    • By naedanger 12th Mar 17, 5:15 PM
    • 2,184 Posts
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    naedanger
    Am I entitled to a refund
    Originally posted by Starsphinx
    I believe so provided the laptop is faulty and the retailer has already had a chance to repair it and failed to do so. If the retailer is disputing either it is faulty now or is disputing it was faulty when they (or their agents) previously looked at it then it will be up to Financial Ombudsman Service (FOS) or a judge (if it goes to court) to decide.

    or do I have to accept the repair - if one is even done considering that the manufacturer cannot see a problem with it - and still pay for the machine which has been of no use to me. I obviously cannot get a return on the one I bought as a replacement as it has been used and there is no problem with it.
    Normally you cannot insist on a refund if the item is faulty except (1) if you notify the retailer of the fault within 30 days and show the fault was inherent (i.e. the onus is on you showing that the fault existed when you bought the item and not just that the problem exists now) (2) if the retailer has already been given a chance to repair and/or replace and their repair/replacement failed.

    FOS will also consider whether you have been treated fairly as well as the strict legal position. So there may be circumstances where they would decide a refund was appropriate even if it is not strictly required legally.

    Unfortunately you need the deadlock letter (or eight weeks to have passed) before you can go to FOS. I suggest you write again explaining why their response fails to meet your needs, and reiterate your demand for a full refund or a deadlock letter.
    • Starsphinx
    • By Starsphinx 15th Mar 17, 5:24 PM
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    • 12 Thanks
    Starsphinx
    They are still giving me the run around. Since I asked for confirmation of deadlock they have re given me the instruction to phone the manufacturer helpline. I told them I had done so and the manufacturer had had the laptop sent to them and claimed there was no problem. Very then asked for the case number which I gave them and have just emailed back to tell me that the manufacturer had not seen the laptop since 2016 so to contact them. I have repeated that the problem was there when it was sent to the manufacturer the first time which then denied and that nothing had changed since then except me paying to have the existence of a fault confirmed independently.

    Does the 8 weeks start from when I first contacted either acer or Very about the problem because that was in December way more than 8 weeks ago or from when I made it an official complaint in which case I presumably have another 3 weeks of the catalogue refusing to confirm deadlock and telling me to contact manufacturer even though that has already failed.
    • naedanger
    • By naedanger 15th Mar 17, 6:10 PM
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    naedanger
    They are still giving me the run around. Since I asked for confirmation of deadlock they have re given me the instruction to phone the manufacturer helpline. I told them I had done so and the manufacturer had had the laptop sent to them and claimed there was no problem. Very then asked for the case number which I gave them and have just emailed back to tell me that the manufacturer had not seen the laptop since 2016 so to contact them. I have repeated that the problem was there when it was sent to the manufacturer the first time which then denied and that nothing had changed since then except me paying to have the existence of a fault confirmed independently.

    Does the 8 weeks start from when I first contacted either acer or Very about the problem because that was in December way more than 8 weeks ago or from when I made it an official complaint in which case I presumably have another 3 weeks of the catalogue refusing to confirm deadlock and telling me to contact manufacturer even though that has already failed.
    Originally posted by Starsphinx
    It is 8 weeks from when it was clear you were complaining about the financial company. So, I am not sure, but that may just be from when you first mentioned you were making a section 75 complaint (or even when you first expressed dissatisfaction with the way they were handling your s75 complaint).

    I would be making clear I was adding to my complaint every instance they failed to treat the complaint properly e.g. by asking for information that I had already supplied or by using any other delaying tactics.
    • Starsphinx
    • By Starsphinx 15th Mar 17, 6:48 PM
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    • 12 Thanks
    Starsphinx
    Guess I have a few more weeks of complaint football then
    • naedanger
    • By naedanger 15th Mar 17, 7:01 PM
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    • 1,768 Thanks
    naedanger
    Guess I have a few more weeks of complaint football then
    Originally posted by Starsphinx
    Afraid so. But if you make clear you will also be adding to your complaint any further failures to treat your complaint properly and efficiently then they may give you a final response/deadlock letter sooner.

    PS If they don't settle and your case goes to FOS then there will be a further delay until they deal with it.
    • Starsphinx
    • By Starsphinx 15th Mar 17, 7:31 PM
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    • 12 Thanks
    Starsphinx
    If it goes to the FOS delays will not bother me as they will be considering from the start - and I sincerely doubt the FOS will mess about like the catalogue.
    • Starsphinx
    • By Starsphinx 17th Mar 17, 10:12 AM
    • 29 Posts
    • 12 Thanks
    Starsphinx
    Very are insisting on a second inspection and repair. Am I legally obliged to accept this? I have bought another laptop - I bought it when I arranged for the return of the original laptop because I believed I was returning it. I would not have bought it if I did not think I was returning the first one and the first one being repaired will mean I have 2 laptops I am paying for which I definitely cannot afford
    • naedanger
    • By naedanger 17th Mar 17, 11:44 AM
    • 2,184 Posts
    • 1,768 Thanks
    naedanger
    Very are insisting on a second inspection and repair. Am I legally obliged to accept this? I have bought another laptop - I bought it when I arranged for the return of the original laptop because I believed I was returning it. I would not have bought it if I did not think I was returning the first one and the first one being repaired will mean I have 2 laptops I am paying for which I definitely cannot afford
    Originally posted by Starsphinx
    I have only skimmed your case but I think you can insist on a refund for two reasons.

    Firstly you gave Very (via their agent "Acer") a chance to fix the laptop and they failed to do so. It is important that you went to "Acer" at Very's instruction rather than directly.

    Secondly I think you are saying Very previously promised a refund and based on that promise you have now bought another laptop and so a repair would now mean you are out of pocket.

    Of course if a judge disagreed with your view of the facts then you might not be due a refund e.g. if a judge disputed the laptop was faulty.

    Given you have come so far I suggest you respond to Very in writing explaining that for the above two reason you require a refund. And reiterate how disappointed you are with the way they are dealing with your valid complaint.
    • Agricolae
    • By Agricolae 18th Mar 17, 5:53 PM
    • 364 Posts
    • 189 Thanks
    Agricolae
    I think it would be worth contacting FOS now rather than waiting. If they think it's too early they can only say you should wait, but it may be they consider you'd complained earlier and Very are now just giving you the runaround.
    • Starsphinx
    • By Starsphinx 20th Mar 17, 2:47 PM
    • 29 Posts
    • 12 Thanks
    Starsphinx
    Very are now making out that the fault arose after I sent it back for repairs the first time because the report from Acer states no manufacturing fault and are insisting on me sending for repair. I think I am going to try Agricolaes suggestion and contact FOS now - I am starting to dread getting an email and being reduced to tears when I read the responses.
    • Starsphinx
    • By Starsphinx 20th Mar 17, 3:32 PM
    • 29 Posts
    • 12 Thanks
    Starsphinx
    Just spent 20 minutes on the phone with FOS - very helpful gentleman and they are going to start looking into it for me.
    • Starsphinx
    • By Starsphinx 12th Jul 17, 5:20 PM
    • 29 Posts
    • 12 Thanks
    Starsphinx
    OK a very quick update and a big thank you to everyone at MoneySavings.

    After my last post I had a letter from the catalogue saying they were investigating - it took a bit more messing about but a couple of weeks ago I had a phone call from them they have given me a full refund on the laptop and (unbelievably) let me keep it .
    It is now being used by my son who only ever does office type stuff on it which is fine.

    Great result all round and thank you for all the support and advice because without it I would have given up and still be paying for something I could not use.
    • Lip_Stick
    • By Lip_Stick 14th Jul 17, 12:28 PM
    • 2,125 Posts
    • 5,823 Thanks
    Lip_Stick
    Great result for you. Very are shocking to deal with when things go wrong, so glad you stuck to your guns.
    There's a storm coming, Cameron. You and your friends better batten down the hatches, because when it hits, you're all gonna wonder how you ever thought you could live so large and leave so little for the rest of us.
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