Cancelled in store credit, now going to court

fazzer_2

I bought an ex-display tv 18 months ago when I got it home it had screen burn so I called the store and they said it would clear after a few days. I wasnt happy so I returned it the day after. The guys at the store tried to get me to take another but I didnt like what they had.They told me to have a word with their head sales man so I agreed to talk to him.When he called I had decided I didnt want any of the products they were offering and told him no.I asked him about the agreeement i had signed and he said that it had not yet been submitted and it would be destroyed.It wasnt and 1 year later I start to get hounded by Barclays partner finance.I had already called them when I recieved documentation to say that I had returned the goods and cancelled the agreement. I rang the retailer to make sure and was told that it had been destroyed.
To cut a long story short I am now being hounded by a company called AIC, the debt has tripled and I am facing court action. I have spoken to trading standards and the ombudsman is looking at Barclays for me. I am absolutely at my wits end and dont know what to do to stop these people taking me to court.my excellent credit rating has also been damaged.

Does anyone know what I can do?

jonesMUFCforever

Let them take you to court - you do have some confirmation that the television was taken back right?

If so you can't lose.

fazzer_2

Hi there and thanks for the reply. Unfortunately I havent got any proof of return. I trusted the store when they told me the agreement had been cancelled.Thats my big problem,i didnt realise that I should recieve any form of documentation, I have never taken out instore credit before.
I cant bear the thought of having to pay someone nearly two thousand pounds for something I havent had. please help!

milliemonster

You say that you have recently contacted the store who have again confirmed that the agreement was destroyed at the time. Can you go in and explain what is happening and ask them to give you some confirmation that the TV was returned at the time and the agreement was (should have been!) terminated?

fazzer_2

The store confirmed that it was destroyed or would be destroyed over 18 months ago.They now deny that I ever returned it as I cant prove it and they havw no stock control record that shows it being sold twice.Im not sure they have very robust systems.There is a notion that one of the salesmans cottoned on and decided to take it out the back door?

milliemonster

Then I would say you are going to have severe difficulty proving you do not own the goods, perhaps you should get some legal advice?

jonesMUFCforever

I agree - without proof of its return its your word against them - who would a court believe?

fazzer_2

Thats my problem.It seems so unfair that I should be in a situation like this.It is strange though that at the time I told barclays and the store that I didnt have the TV and nobody seemed bothered, it is now that they want their money that they want to make an issue of it.If they had all listened to me at the time we could have caught the situation early while it was fresh in peoples minds.

fazzer_2

What does anybody think I should do? Pay the money or go to court and try to convince the judge? I do have my family as witnesses and the guy that helped me collect and return the TV.
Should I try to claim from the store after all it was their mistake not mine.
I have asked the onbudsman to look at it and they are at the moment.

I just dont know what to do??

Imagine having to pay off the money knowing you were being ripped off!!!!

It makes me so angry that someone can do this to me and get away with it.

Grrrrrr!

jonesMUFCforever

Simple - if you can't prove that you returned the TV then pay up or take a chance in court.
It is my opinion that they will have copies of the transaction to take to court - yes it is unfair but you should have got a receipt when returning the item.
If you lose you will end up with a CCJ which will ruin your credit score for years.

Torby

It wouldn't be a store with a name similar to a popular Indian/Chinese meal.....mmmm love uncle bens curry as well.

1: The store should have documentation, either to process a return or in their next available stock check, showing the item as returned/in stock

2: If they don't, it could be argued that an employee has stolen the item.

3: In an investigation involving the police re: theft, fraud and deception, you may find the store quickly finds any relevant documentation.

4: Did you pay a deposit, did you receive any refund.

5: After the transaction took place, did you receive any further copies of the credit agreement in the post.

6: Did you see any indication that a DD was applied to your bank a/c in respect of the credit agreement.

7: Had you not received any communication about being in "default" with the credit agreement before the debt collectors called?

There may be other questions you should be asking, but these may help clear the way for others...most of the above is only relevant if your side of the story is true