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Cancelled in store credit, now going to court

2

Comments

  • rgb83
    rgb83 Posts: 16 Forumite
    stores usually have cctv, they should be able to show you bringing it back and not leaving with it, i know when i worked for a shop we had a legel obligation to keep the tapes for so long, i cant remember how long though, i would not lie down though, fight it, good luck.
    :rotfl:
    "its always in the last place you look!" of course it is, once you have found it you dont keep looking! ha ha
    ;)

  • rgb83 wrote: »
    stores usually have cctv, they should be able to show you bringing it back and not leaving with it, i know when i worked for a shop we had a legel obligation to keep the tapes for so long, i cant remember how long though, i would not lie down though, fight it, good luck.
    I would imagine 6 months at most perhaps even less - not much use in this case I fear.
  • The store has not been helpful at all.From my very first communication they have been rude and arrogant.They didnt want to entertain any notion that I may be telling the truth.They told me the guy that we returned it to has left the company which is annoying considering I raised the issue within weeks of realising there was a problem, as I say if the bank and the store had reacted to my initial calls we could have caught the situation whilre it was still fresh and the people concerned were still working there. At the end of the day I know I returned the tv as does my family and the guy that helped me so why on earth do they not have the tv being sold twice on their stock system?Why are they so reluctant to even offer to help? Maybe they know that the guy I took it to was on the fiddle? The lady I have spoken to in the company indicated that it may have been stolen out the back door but it was impossible to prove!
    This has turned out to ne a nightmare for me and you try to believe in justice assuming that someone will help to find the truth but it is appearing more like Im going to get stung for this.I dont like this world much anymore.
  • MrsTinks
    MrsTinks Posts: 15,238 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Name Dropper
    In fairness if the TV had burn in on the screen then it probably wouldn't have been re-sold, more like scrapped and no-one marking it back in on the system when you returned it means that as far as the paperwork is concerned they still believe you have the TV. I would put everything you have stated here in writting to them with as many names and dates as you can recall and make clear to them that you will be prepared to take the matter to court and defend it. The fact that they have lost the paperwork and you didn't bother to keep a receipt for it's return to them may be a problem but nothing ventured nothing gained. The outcome would probably be entirely down to the individual judge you get I'm afraid.
    DFW Nerd #025
    DFW no more! Officially debt free 2017 - now joining the MFW's! :)

    My DFW Diary - blah- mildly funny stuff about my journey
  • Torby
    Torby Posts: 1,704 Forumite
    sorry to ask again , but did you pay a deposit on the credit agreement....it seems very unusual that you could get a "buy now pay later " deal without having paid one.
    I'm now a retired teacher... hooray ...:j

    Those who can do, those who can't, come to me for lessons:cool:

  • I didnt pay any deposit.It was a full credit situation. I didnt know that I should recieve a receipt when I returned it, as I say when the salesman told me the agreement was still in their office and would be destoyed I believed him and thought that would be the end of it.When my wife called the store a couple of weeks later to enquire why we were recieving mail from the credit company after we had been told the agreement was cancelled the lady on the phone assured her that the agreement would have been destroyed and not to worry. What else would you do or think?
    I thought the store would have been in control of the situation and I trusted that they would do as they said, I would never have imagined being in a situation like this 18 months on. As I said, this all only became an issue when they wanted their money, they didnt react when I called them in the first place, I called both the store and the finance house to alert them to the situation but nobody took any notice.They should have exercised more care.
    I cant believe that this could happen in the modern retail world with computer systems. I believe there is something more sinister going on at the store.They specialise in white goods seconds,washing machines with dents in them thet kind of thing. Maybe there is a certain amount of stock that isnt showing on their records?Why on earth is there no record of the TV being sold again because its all been paid in cash and its a 'taxless transaction'. I run three businesses and every thing we do is logged down, admittedly we dont deal in back pocket cash but in terms of efficiency we log everything.It makes sense. So why does a company have an£800 tv and no record of it being sold or returned?

    I have called the police to see if it could be theft situation but they tell me its a civil matter! But I say I took the TV back, they say I didnt so where has it gone?I know they had it and now they havent so it must have been stolen.

    I am so angry about this that I want compensation or something. I have spent a lot of my work and personal time dealing with barclays, dealing with the collection company, talking to trading standards, writing letters and sending them recorded delivery.Its just madness!
  • sorry to se you had some abuse same to mw yesterday but ill try to help .the first thingn you should check is the person who served you still works there if he is telling him the police may be involed may jog his memory olso telll him he may have to apeer in court as a witness but still it may be noy under his control as he would noy deal with the finace company.secondley try to check the credit ref agency used to set up he finance in thew first place they would of done this first and there should be a record.olso evidence from another person is very cedible the more the better dont underestimate the power of the courts espiccilly if there under oath why woiuld your freind face prison just for the sake oh defending you .thirdly a judge would be sympathetiv to your cause but to do this it would have to go to a county court but you still get thirty days to pay before you get a ccj so what have you got to lose .just watch out for bailifs lock your doors and dont let them in. let us know how you get on
  • mizzbiz
    mizzbiz Posts: 1,434 Forumite
    Hi there,

    There are potentially a few ways around the situation in court, so all is not lost if this be a genuine case.

    I recommend that you join up to the Consumer Action Group forums and post this problem there. There are a lot of very knowledgable people there in Consumer Law and there will definitely be someone who can help you with the case.
    I'll have some cheese please, bob.
  • mizzbiz wrote: »
    Hi there,

    There are potentially a few ways around the situation in court, so all is not lost if this be a genuine case.

    I recommend that you join up to the Consumer Action Group forums and post this problem there. There are a lot of very knowledgable people there in Consumer Law and there will definitely be someone who can help you with the case.

    Thank for the reply mizzbizz.Where do I join up to forums you speak of? Sorry for being a bit slow!
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