Goods from Currys ...rented not bought!

Archiebear

I'm hoping that I've posted in the correct place and that someone can give my daughter advice.

In 2011 my daughter (then aged 20) went to Currys to buy a laptop (in cash). The salesman offered her 'finance' so that she could buy a better PC which was slightly above her original budget. He then said that as she wasn't yet 21 it couldn't be offered as the terms stated that you had to be aged 21+.
Her boyfriend who was 23 bought it in his name instead - the salesman then persuaded him to buy a TV at the same time.

They were told by the salesman that after 2 years "you could upgrade your purchase or continue the original purchase for 3 years".

They have never missed a payment and today 'phoned the finance company to check what balance was outstanding as they wanted to pay it off in full.

They were told it was a rental agreement (!!) and that:
a) to end it now, and for them to take back the purchases, would cost £1,050 or
b) for them to end it early and keep the purchases they would need to pay that balance + £1300
c) alternatively they would have to continue paying for the remainding 16 months of the contract and then at the end pay £600

:eek::eek:

My daughter is absolutely fuming as she believed that they had taken out finance and it turns out that the whole time they have just been renting!
She has telephoned Currys to make a formal complaint that she was mis-sold goods by the salesperson; she pointed out that they had signed the agreement in good faith and had followed the financial advice of their salesperson. Currys response was that "they could only apologise". She is now waiting for the branch manager to contact her directly.

They have both realised that they should have checked the contract more carefully but do they have any recourse at all? The amounts of money to get out of this 'lease' are horrific and after all that they won't have the TV/ PC that they have paid for.

bod1467

This sounds familiar. I recall seeing a similar thread here recently about this subject. I can't remember the name but this type of "finance" has a specific name at Currys.

It sounds like the terms of this finance deal were misrepresented, and your daughter's boyfriend could have a claim against Currys. However I'd wait for other opinions first.

somethingcorporate

What did the contract that they signed said? I think it very unlikely it didn't state it was a lease agreement.

Unfortunately there is no sympathy for people in law that do not read what they are signing or for overpaying for goods.

Given the distance from the purchase event I am guessing the only evidence remaining is the paperwork that your daughter signed... if this states lease then you really are up the creek.

Just FYI - Comet do not give financial advice, construing anything Comet's sales assist did as this is just plain inaccurate as financial advice is a regulated activity.

dacouch

bod1467 wrote: »

This sounds familiar. I recall seeing a similar thread here recently about this subject. I can't remember the name but this type of "finance" has a specific name at Currys.

It sounds like the terms of this finance deal were misrepresented, and your daughter's boyfriend could have a claim against Currys. However I'd wait for other opinions first.

https://forums.moneysavingexpert.com/discussion/4068031

somethingcorporate

dacouch wrote: »

https://forums.moneysavingexpert.com/discussion/4068031

That thread is an interesting read. The stupidity that overcomes people when they want the latest bling is literally mind-blowing.

Take the new iPhone, how many people are signing up to £1k+ contracts over 2 years for a mobile phone? The mind boggles.

bod1467

dacouch wrote: »

https://forums.moneysavingexpert.com/discussion/4068031

That's the one.

dacouch

somethingcorporate wrote: »

That thread is an interesting read. The stupidity that overcomes people when they want the latest bling is literally mind-blowing.

Take the new iPhone, how many people are signing up to £1k+ contracts over 2 years for a mobile phone? The mind boggles.

A cynic might think that a few of the sales people sold infinity to customers who just wanted to buy a lap top on finance.

Unfortunately there are people who believe anything a salesperson tells them and don't read paper work.

Handsome90

somethingcorporate wrote: »

What did the contract that they signed said? I think it very unlikely it didn't state it was a lease agreement.

Unfortunately there is no sympathy for people in law that do not read what they are signing or for overpaying for goods.

But don't you think this still could be mis-selling and violate consumer protection law(s)?

OP please read the terms and conditions with a fine-tooth comb in the future

Archiebear

Thanks for all the replies. I'm going to read through the other thread now.

My daughter has realised her mistake and will definitely be checking her paperwork more carefully in future.

FYI - Comet do not give financial advice, construing anything Comet's sales assist did as this is just plain inaccurate as financial advice is a regulated activity

I take on board the comment above...perhaps I phrased it incorrectly... just meant that my daughter and her boyfriend were guided and given incorrect information by the salesperson. They honestly believed they were signing a finance agreement not a lease. (she's off looking for said paperwork as I type!)

Buzby

Last time I looked, there were 5 different schemes in operation at Currys, which one suited depended on the ultimate cost of the package and the terms. The salesman is there to do one thing, sell - and from what you des robe, he was pretty good at it.

This wasn't mis-selling, but mis-buying - but rolling up purchases you never really wanted means the consumer needs more self-control. After the agreement was signed a copy will have been returned by post - I suppose this wasn't read either?

The only solution is to mitigate the loss and get out of it at the best opportunity without losing too much.

somethingcorporate

Handsome90 wrote: »

But don't you think this still could be mis-selling and violate consumer protection law(s)?

OP please read the terms and conditions with a fine-tooth comb in the future

To be fair, I think you are right it probably was a bit of lying going on by the sales people, but you have to expect them to do whatever they can do get a sale.

Before the purchase is complete though, you are presented in black and white what the terms of the deal are and this is really what matters. Conversations are notoriously hard to later rely on, especially when they have written evidence you signed something that says something different.

We have a duty to read what we are signing as much as Comet has a duty to keep sales people from lying to get a sale.