Unenforceable payback time

Very_2

Hi. I'm new to this site so if I miss out key terms please bear with me!

I've given myself the name "very" as I'm determined to get my own back on these idiots.

So. I've had a catalogue credit account with very for about 10 years. It initiated as an lxdirect account. I have paid on time each month since opening the account. I get items from the catalogue frequently and I would estimate that I've bought goods totalling around 20,000 since inception.

I recently had a horrific incident with very whereby I ordered 2 beds for my kids and both broke in the centre of the base within one week. I called to complain and request replacement but that's where the issue started. Got continually passed from one department to another to another etc. After 3 weeks of this nonsense I gave up and went out and bought new beds for my kids. I contacted very again and eventually got through to someone who said they would process for replacement beds to be delivered. I explained that I had bought new beds therefore a refund or credit onto my account would be suffice. Very then said this was not an option. So. I reluctantly agreed to accept the new replacement beds (thinking I could try and sell them on and at least make some money back from them) but very failed to deliver the new beds..... One month later and still no beds so I eventually emailed the CEO.

Anyway I eventually got the new beds (even he couldn't authorise a refund apparently - joke). New beds broke again in the middle within a week. !

Oh. And to make matters worse I'm back in the loop again of having to call various crazy departments as the CEO is not answering my emails now.

And I've got my latest statement.... I was told I would get 20% off my next order as a result of the inconvenience. They haven't processed this discount so now I'm over my limit and getting charges applied. First time I've been over my limit in 10 years.

I think I've been pretty patient and considerate so far to no avail. So now it's my turn to be obtuse. I'm going to do everything I can to screw these guys over. Anyone out there got any ideas ?

I sent away a cca request 10 days ago and I've had nothing back. I do not believe for one second that they have a signed agreement.

What should I do ? Just stop paying ? I'd like to even although I can afford to. I don't think they deserve to get any money from me.

And this is how they treat one of their oldest and most lucrative customers. Joke joke joke.

Very_2

Just to clarify : I don't really know what I hope to achieve from the CCA request. If it comes back incomplete then I believe the ball is still firmly in their court as they can process a default and junk my credit rating if I stop paying. So I'm not sure this is the best way to get back at them. Although I'm so outraged by them that I've actually considered deliberately ruining my credit rating in favour of the pleasure to be obtained from not paying them. "don't do the crime if you can't face the time" - well actually, six years with a default compared with the knowledge that I'm not paying them back ever doesn't actually sound too bad. I don't for see the need for any credit in the next few years anyway. Thoughts?

Very_2

Anyone got experience of referring incidents like this to OFT or oher bodies?

pat1976

Hi, sounds like a nightmare but if you just stop paying your credit account will be trashed, they'll add late payment fees and you'll just end up owing more.

Lack of a signed contract is not proof you did not accept the debt - they can prove you received goods and that you have been paying for them for the past X years - that certainly sounds like you accepted a credit agreement with them.

In the issue where you are overlimit due to them not applying the discount, call and discuss it in a reasonable manner - you're a good customer and they'll sort it out.

Re the beds - they were not satisfactory quality and so you were entitled to a refund or replacement. You got a replacement and again they proved to not be of satisfactory quality. The beds are therefore not fit for purpose. This falls under the Sale of Goods act and you should be able to get a refund.

I'm not very hot on this but if you google it or post on the legal board you'll get advice.

Forget about screwing Very over, get your refund, pay them off and take your customer elsewhere.

hope that helps.

theoretica

Under the sale of goods act these must be fit for the purpose. Four have now been faulty so you can reasonably claim they can't replace with working goods and must refund.
see:
http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange

You could also start ordering lots of stuff and insisting on returning it under the distance selling regulations at no cost to yourself...