Creation Finance and cancelled account for DELL

Sweetney

Hi all I am so very new to this, I bought a dell computer on a 3 year finance agreement with creation and when I went sign online I saw the agreement was for 2 and not 3 years as I had requested.

I first contacted creation and asked them if they could correct this and they said they could not and that i would have to cancel the agreement, so I got them to do that and then when that was done i cancelled my order with dell which was also done.

I returned to Dell as creation advised and placed a new order and got the correct finance agreement in place.

Today I got a call from Creation from a really horrid man who was saying I owed creation the full and final sum and that he needed a manual card transaction. I explained to him that according to my online account management from creation I didn't owe them anything as the first payment for my agreement isnt due out until the 1/06/10 and its all on direct debit.

I was out on hold and got cut off so I got all the information together and called back and spoke to another man who couldnt workout why i was being asked for the money and found a tiny note at the very bottom of the account saying I was called for a manual payment but no explanation as to why.

according to this second bloke I am not late with a payment and he can't see anywhere why i would of been asked to pay the full sum.

After doing a bit of research I can see that the old agreement that got cancelled before it even started was due out 4 days ago, so i am wondering if its this account the man wanted paid.


My questions are pretty similar but I am really confused

Can creation make me pay for an account they have registered as cancelled?

Can creation make me pay for an agreement when I didn't buy anything and the order was cancelled?

As I have downloaded the old agreement it isnt signed so can they enforce it?

Will i have to pay for both agreements even though its for the purchase of ONE product as the original agreement was cancelled and so was the order it related to.

Surely only the signed agreement for the 3 year plan is the one they should be bothered about?:(


What do I do now?

sillystudent_2

(1) Can creation make me pay for an account they have registered as cancelled?

(2) Can creation make me pay for an agreement when I didn't buy anything and the order was cancelled?

(3) As I have downloaded the old agreement it isnt signed so can they enforce it?

1. No they can't - certainly not if you haven't got the notebook for the old agreement (i.e. two laptops)

2. Same as above - if you haven't got the product/the agreement was cancelled, you legally don't owe anything

3. Since 2007 I think agreements 'signed' online are just as enforceable as ones signed through the post, however because of the other things above there's no way this'll be enforceable

Don't worry - there's no way you'll end up having to pay 2 finance deals for one notebook - that'd be absurd, and the law recognises this. The worst case I can think of is that creation insist you took out two agreements, but this would mean you'd get 2 notebooks - and I'm sure there must be some cooling off/cancellation period in the contract (14 days I think under the Consumer Credit Act 1973) meaning it should be simple to cancel one of them and return the second laptop.

See if you can get written clarification from Creation on what's going on - if the 1st agreement is cancelled, get written confirmation of this from them. If they (unlikely, like I said worst case scenario) insist you took out 2 finance deals and are getting 2 laptops, send written notice of cancellation re the first agreement and return the first laptop (like I said, pretty sure any finance has at least a two-week cooling off period.)

Hope this helps

Sweetney

The agreement wasnt even signed online, it was drawn up and got cancelled an hour later, and the computer was cancelled about 10 minutes after that.

I will write to them to see if they can confirm the cancellation, I have one email with it in as it was all done online but I am sure they could provide it right?