goods at Empire Direct (Faulty in for repair or refund) what they are doing is THEFT

al1982

To those who have written on here saying they sent a TV (or other electrical) in for repair or in for a refund and have not received their item back or a refund.

When the goods are delivered to your house the contract is complete and you take ownership for those goods. Therefor surely if you send it to them for repair and they dont return it because they go into administration it is classified as THEFT. That item belongs to you legally and if they refuse to return YOUR item and sell it off to pay the creditors, it would be the same as someone selling off your goods without your permission to pay their debts.

Surely you should at least be given the option to be given your faulty goods back, even those who sent them back for a refund should be given their goods back as it is their goods.

I just dont get it, if you buy something and accept it it is then YOURS so if you send it in for repair or refund and the company goes bust, surely they cant sell YOUR goods to pay their debts.

BenL

It looks like I have missed some other posts of yours about this, please can you advise of your situation.

I haven't spoken to my dad again but his is:

TV (Samsung 32 LCD) bought 10 months ago from Empire Direct would start to have stuck pixels when watching BBC HD on Virgin.

This was taken back to ED and then they have shipped it out to a repairer, he spoke to ED in the morning of the day they went into administration and they advised him of it has left site.

Have they refused to give your goods back?

I haven't looked into ED again recently but it was my understanding they were going to keep the online business going in the future.

Obviously my dad is hoping his tv will be returned after repair, it is a bit of a muddled situation but i believe he paid on his credit card as well so there maybe some comeback from them.

He is hoping that the repairers will be getting in touch direct with him for the return of the TV.

BenL

Update: Just spoken to my dad and his TV was at a company in York, they phoned him and it has been delivered repaired this morning.

hollydays

Where are the other posts?
I had a claim through an insurance company who were using empire,and I had to pay the excess for the item to be replaced to empire.Subsequently i never received the item and have been messed around by both the insurance company and the new claims handling company.Latest-"we have sent you an email,please approve the item is suitable and we will order it."
Have told them we have paid the excess,but they have requested it AGAIN!!

Going around in circles.REmind me next time only to use insurance companies who don't pass you on to a third party ( my phone bill doesn't look too healthy either).

al1982

My Tv was sent back for a refund.

I was told no refunds and no repairs. Today i received an email saying goods in for repair will have to be collected unrepaired (your dad was lucky and must of had the repair complete before they went bust.)

I called ED and asked since they are not refunding me for the faulty tv i bought (a scratch on the casing so not faulty) can i at least have it back and the first person i spoke said i may simply become an unsecured creditor.

I called citizen advise and spoke to someone who told me the goods are legally mine until i am refunded. If i am not refunded for the goods they are mine and they have no right to sell them to pay for their debts.

I called back ED with this information and was told the situation for those waiting for a refund on a faulty product they received and sent back will likely be the same as those waiting for a repair. That i will just have to collect it without them repairing or refunding it.

If this is the case i dont greatly mind as i am sure even with a scratch on the rear casing i can sell it on ebay (at a loss obviously) but still get something back.

BenL you are LUCKY, i have heard from people saying that the repair centre are refusing to give their TV back as ED has not paid them

zenseeker

I can understand the frustration, but is is ignorant to call it theft :rolleyes:

A broken TV is not of any value to the administrators, but due to the companies collapse, they cannot repair or replace the item as it is now stuck in admin hell. All you can do is to phone the administrators, follow any instructions given, and wait.

al1982

I am saying its teft for them to simply keep it.

When you sign for the goods they are legally yours. A refund for my TV for example which had scratches on the casing is not going to happen, fine. But they should at least return a product that is LEGALLY mine. Is it not theft if they sell it after i paid for it and signed for it, to pay off their debts??

Also a TV with a fault has value. In parts. Also if a TV has a fault such as a faulty speaker, this can be fixed by the manufacturer or by a technician for a lot less than the price of a new TV.

So if you have sent in something that is YOURS and they can not fix it or refund you, then surely them simply keeping it is theft.

hollydays

May be wrong here,but theres theft at criminal law,and then there is contract law..two different types of legislation.And to prove theft at criminal law you have to have the intention to permanently deprive,and dishonest intent.

BenL

I'm just keeping an eye out for where my dad buys stuff them avoid them, 1st Cosmar XL now ED.

I feel sorry for the kitchen place who is fitting at the moment, no its not originally MFI lol. Little do they know they are fitting at the customer of doom house.

Sorry to hear about your tv Al, i hope you get it back, just make a nusence of yourself to push them along. My dad did say that they are hoping to keep on the online business (will anyone buyfrom them though) so you stand a chance.