Claiming back CC charges for Currys/PC World warranty

Hi Everyone

I recently got a letter from PC World because I had changed credit card number and they weren't able to charge my new card. Puzzled why they were charging me, I discovered they had been charging me for nearly 4 years for a warranty on a laptop I had purchased from them. I had never authorised or known about them charging me for any warranty. Because the monthly charge was under £10, I had never spotted it as dodgy on my credit card statement.

So PC world were still happily charging my CC nearly 4 years later. They then claimed they used to have a signed warranty contract from me, but no longer did because they routinely destroy them after 6 months of purchase. They say it was my fault for not noticing the charge on my credit card and will not refund me - although I didn't know about the warranty and had never used it!

I have exchanged emails with the so called 'knowhow customer service' team, but am not getting anywhere. Can anyone suggest where I go from here? I would like to write to the MD at Head Office, but I'm not optimistic. Is Small Claims Court the best option? is there an ombudman for this kind of warranty policy who I can complain to? Does anyone know where I stand legally on this? My instinct is they should refund the money unless they can prove I authorised the warranty in the first place, but they argue I should have noticed their charges a long time ago. The charges add up to around £400!

Heeeelp!
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Comments

  • Small claims court will not be worth your time. I'd send them a letter asking for proof that you agreed to pay for this warranty, and if they can't produce it to refund all charges for the warranty.

    If that doesn't work, you can try and argue it with your credit card provider.
    Credit 'Score' - Don't buy the credit 'score' that Experian, Equifax and Noddle want to sell you. It's an arbitrary number that means nothing when it comes to applying for credit.

    ALWAYS HAVE A DIRECT DEBIT SET UP FOR THE MINIMUM PAYMENT ON YOUR CREDIT CARDS, REGARDLESS OF WHETHER YOU PLAN TO LOGIN AND PAY EACH MONTH.
  • wooder
    wooder Posts: 92 Forumite
    Sixth Anniversary 10 Posts
    I'm in the same boat but fortunately only two monthly payments have been scammed from my credit card of £6.50 each for 'Product Support ag' which I never authorised at point of purchase (a laptop I bought in June) and was certainly not asked if I wanted.- it was just tagged onto my card without my knowledge.

    This is PC World/ Currys still acting like dodgy double glazing salesmen - a leopard never changes its spots !!

    Apart from scamming me of £13 the only thing they have achieved is to ensure that never again will I make a purchase from PC World/ Currys.

    I am contacting my credit card company fraud dept tomorrow and reporting an unauthorised transaction on my card - whether or not I get my money back I don't know but at least in my case it's only thirteen quid.

    Best I can suggest is kick up as much fuss as possible, trading standards, Watchdog, press, review sites, whatever - what they are doing is plain ILLEGAL !!

    good luck
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    So two people can't be bothered to check what they're authorising or look properly at their statements, then start shouting that it's all somebody else's fault. Take some responsibility for your own actions and inactions, you might be successful in getting some or all of the money back but really neither of you deserve it.
  • YorkshireBoy
    YorkshireBoy Posts: 31,541 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    you can try and argue it with your credit card provider.
    I don't think that would be successful.

    The PSRs, specifically Reg 59, says the payment service user must notify the payment service provider of any unauthorised payment transactions within 13 months of either a) the payment(s) being taken or b) becoming aware of the payment(s) being taken.

    Since OP was made aware of these payments on the first statement following computer purchase - some 4 years ago(!) - I can't see the card provider playing ball.
  • jim7966 wrote: »
    I didn't know about the warranty and had never used it!

    I have exchanged emails with the so called 'knowhow customer service' team, but am not getting anywhere. Can anyone suggest where I go from here? I would like to write to the MD at Head Office, but I'm not optimistic. Is Small Claims Court the best option? is there an ombudman for this kind of warranty policy who I can complain to? Does anyone know where I stand legally on this? My instinct is they should refund the money unless they can prove I authorised the warranty in the first place, but they argue I should have noticed their charges a long time ago. The charges add up to around £400!

    If making a claim against it or not was relevant most would get their insurance premiums back as the average person doesnt claim.

    DSG has spent a lot of time and money to ensure this is a service plan and not a warranty and as such there is no ombudsman that you can escalate it to.

    You can try taking them to court if you want to but you may be throwing good money after bad. The courts will judge on "the balance of probability" and they question will be did you really not agree to this, then not notice it for 4 whole years and only now want to cancel but have a full refund? Does this possibly not sound more like the computer is coming to the end of its life and your thinking of wanting to replace it so come up with this story to get a nice contribution towards a new one?

    I've no experience with DSG to know if they do defend claims or just roll over because representation costs will be higher than the amount claimed
  • 48 credit card statements and you never spotted it?

    Impressive!
  • wooder
    wooder Posts: 92 Forumite
    Sixth Anniversary 10 Posts
    agrinnall wrote: »
    So two people can't be bothered to check what they're authorising or look properly at their statements, then start shouting that it's all somebody else's fault. Take some responsibility for your own actions and inactions, you might be successful in getting some or all of the money back but really neither of you deserve it.

    ...yeah, so it's not the responsibility of the business not to scam customers, it's the responsibility of the customer not to get scammed.... Get real !!

    It's a clear breach of the new EU directive on Unfair Commercial Practices when a salesperson slips an unauthorised charge onto a customers credit card without informing them of what they will be paying and in the hope that the customer doesn't notice the payments coming out for as long as possible.

    EU Directive

    'Misleading consumers by omitting information: Leaving out certain information may result in the consumer making a decision s/he may not otherwise have made and is therefore considered unfair. This practice is prohibited by EU law. Hiding information or giving illegible, ambiguous or untimely information is also considered misleading.'

    ... anything else you're not sure about agrinnall ?
  • wooder wrote: »
    ...yeah, so it's not the responsibility of the business not to scam customers, it's the responsibility of the customer not to get scammed.... Get real !!

    It's a clear breach of the new EU directive on Unfair Commercial Practices when a salesperson slips an unauthorised charge onto a customers credit card without informing them of what they will be paying and in the hope that the customer doesn't notice the payments coming out for as long as possible.

    EU Directive

    'Misleading consumers by omitting information: Leaving out certain information may result in the consumer making a decision s/he may not otherwise have made and is therefore considered unfair. This practice is prohibited by EU law. Hiding information or giving illegible, ambiguous or untimely information is also considered misleading.'

    ... anything else you're not sure about agrinnall ?
    You are sure are you that Currys/PC World omitted this information at time of purchase?
    Even EU law can't stop stupidity .
  • wooder
    wooder Posts: 92 Forumite
    Sixth Anniversary 10 Posts
    You are sure are you that Currys/PC World omitted this information at time of purchase?
    Even EU law can't stop stupidity .

    Well, I was there wasn't I...

    Guess you aren't covered by EU law then..
  • SuperHan
    SuperHan Posts: 2,269 Forumite
    Part of the Furniture 1,000 Posts
    We're you offered a free period of support at all? Did you ignore the letters about the support that came through the post?

    I mean, it's wrong if you didn't want or ask for it, but they don't hide they fact you have the support from you, they do tend to send letters welcoming you etc etc. Plus, it'll be on your receipt too...
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