Kayslifestyle are claiming I didn't retun TV! Urgent Advice Needed.

starry_eyed_1974

Hello,

firstly let me apologise if this is not in the correct forum; I did have a look around before I started to type but this seemed to be the most appropriate place...

OK...

November 2005 we bought a TV from Kayslifestyle. This tv was trouble from the word go, December 2005 it was flickering on/off so off it went for repairs.... then the same thing in January 2006 ..... away for repair and back home, seemingly ok this time.

Then in August 2006 it just turned itself off one day, and would not come back on. The repair men collected it, but could not repair it. apparently the part was discontinued, however kayslifestyle would not let them just send it back, they had to waste time finding out if I was telling lies about the fact it was beyond repair! Because of them not returning calls when they were meant to, I ended up getting the TV back in October 2006 (!) obviously unpaired (If that's a word!) Kayslifestyle arranged for collection on the 27th October 2006 , well Friday came and it was collected. They sent me a cheque to cover the amount I'd paid for the TV and that was that...

However!

Our last post before Christmas (well timed!) I received a kayslifestyle statement telling me I owed them the full amount for the TV (£850.) I just thought that this would be yet another mistake (they even got my first name wrong on a statment once!) but no they are now claiming that they cancelled the return of the TV on December 4th 2006! Apparently the fact they refunded me means nothing.

I cannot find the sticker the driver gave to us, what with me being refunded I thought this was done and dusted so I may have even thrown it out.

Can anybody offer me any advise on this matter? The person from kayslifestlye I spoke to was less than helpful and implied that I'd be expected to pay for it, suffice to say I cannot afford it and do not see why I should pay for something I do not even own. If this is genuine and the TV did not make it back then why refund? And why not investigate the people who collected it?

Oh I don't know... but this is a very big worry right now to me. What should my next move be? Do you think Citizens Advice would be of any use here?

Thank you in advance,
Kind regards,
Scarlett.

ckerrd

Surely (but maybe not) they would have confirmation from someone (courier company that uplifted TV) that the set had indeed been picked up?! Seems odd that they would just send out a cheque because you "might have" had your broken TV removed.

starry_eyed_1974

ckerrd wrote:

Surely (but maybe not) they would have confirmation from someone (courier company that uplifted TV) that the set had indeed been picked up?! Seems odd that they would just send out a cheque because you "might have" had your broken TV removed.

Absolutely my point!

The person I spoke to insisted that they often refund things before they're received back at the returns department... sounds very stupid if you ask me!

ckerrd

Indeed.

I think it is p to them to prove that they didn't receive it.
Worth hunting around for any records you may have of the uplift.

Can you remember the name of the company who picked it up?
They should have a list of uplifts/deliveries, which may well be of help to you.

Merlin_of_Altofts

Certainly consider the CAB for free advice but also compile as much evidence as possible to support your argument- not easy but do all you can. Finally, remember that you are still innocent unless they can prove you to be guilty of something and it is their actions which raise the questions, not yours !

Avoriaz

Scarlett, please stop worrying. The problem is theirs, not yours.

Write to them along these lines. Make sure the letter is dated and keep a copy.


Ms S SURNAME
ADDRESS
DATE

Dear Sirs,

Reference…..ACCOUNT NUMBER OR SIMILAR

The faulty television was collected by your agents on 27th October 2006 and the full purchase price was refunded to me on DATE. I do not accept your assertion that you refund money before returned items are received by you. That is not normal business practice.

Your statement dated DATE, received by me on DATE, shows an incorrect balance of £AMOUNT. This is incorrect. Please ensure that this error is corrected immediately and a revised statement with a balance of zero is issued immediately.

I do not owe you any money and the matter is closed as far as I am concerned. If you attempt to recover monies from me that are not owed, I will vigorously defend my position. If you take any actions that damage my credit rating, I will take legal action against you for damages and compensation in the County Court.

Yours faithfully

Ms Scarlett SURNAME


Other than a letter of correction or apology, you are unlikely to hear from them again. If you do, post again.

You don't need to waste your time with the CAB yet. You don't need to prove that you returned the TV, The refund is proof of that. No judge is going to accept that Kays refunded you the money before receiving the TV. That is just not normal business practice. I would be surprised if Kays take this any further but, if they do, just post again.

olly300

By the way send the letter (written by Avoriaz) by recorded delivery and keep the receipt until you think the matter has been solved.

I've noticed when I've sent things by fax, recorded or special delivery companies I have issues with tend to deal with them even if the letter is going to a PO Box. If I send them by normal post the company or person dealing with it in 70% of cases now attempt to not tell the truth. ( In 90% of these cases I normally have other proof that shows they have received the letter e.g. including 2 action points and the company only acts on one of them.)

The reason for this is that it's hard for a company to argue in court that they haven't received your letter at all or in a reasonable time as you have proof that they have should have recieved it. Yes the post office sometimes falls down but the company you have a issue with cannot tell when they do if you send it to them by a signed proof of posting method, and due to the number of people and companies in court proceedings stating they haven't received letters, it's unlikely for them to be believed without more proof.

Also if you have to send the letter to them again you just state that "I have sent this letter to you before on DATE by recorded delivery".