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System
System Posts: 178,412 Community Admin
10,000 Posts Photogenic Name Dropper
edited 27 January 2022 at 10:15PM in Consumer rights
This discussion was created from comments split from: I have received a letter from ELMS Legal?.
This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
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  • [Apologies if this is in the wrong forum].

    Hello, on Saturday 22nd January, I purchased a bed frame and mattress from a well known high street bed retailer while we were having a day out of town.

    The salesman offered us 6 months interest free credit on the order which totalled £399.98, and having paid an immediate £80 deposit by debit card, I was told the remaining balance of £319.98 would be due split monthly by direct debit starting from the day of delivery.

    Anyway, within minutes of leaving the store to continue our day out at the coast, we checked the printed invoice / receipt we were given and noticed the salesman had incorrectly typed my surname, i.e. he entered it as ending in rt and not the correct tt

    I then very worriedly rang the store to make him aware of this error he had made, and then went back into the store to speak to the salesman again as I was rightly worried the finance / credit and direct debit would not now go through as he had spelt / entered my surname incorrectly.

    He then rang up and spoke to someone at the finance company (Creation) within an hour of the original sale while I was sat waiting in front of him, and he explained to the Creation person what had happened and that he had entered my surname incorrectly, entering the last two letters as rt and not the correct tt. After he’d finished speaking to the person from Creation he then said that Creation had asked him to get me to email them at the address they gave him, and to quote the finance number he gave me, to confirm what had happened and to also attach photo proof of my ID, which shows the correct spelling of my surname.

    I did this on Saturday night when we got home from our day out.

    As this was the salesmans error and not mine (it is the store employees who sit and process the sales invoice and enter the finance / credit details onto their computer system – not the customer), I stated that I will not be liable for any charges for correcting / amending my surname that he entered onto their system. I even handed the salesman my debit card so he could set up the direct debit details as all the required details were on the card (sort code & account number) that he said he needed to set things up.

    I also asked in my email that having now provided them with my proof of ID and explained all this to them, can they please acknowledge receipt of my email and that they make the necessary alteration at no cost to myself so this order can go ahead with my correct surname on their files please. I again mentioned that the salesman during his phone call to them made it clear it was his error and that this will not cost me, the customer, any charges / fees / money.

    It is now 9.50am Tuesday morning and the company hasn't responded. And we are getting really worried, upset and stressed about this.

    I don’t see why I, the paying customer has to do all this to sort out his mistake, rather than the store, when it was the staff member who misheard my surname as I spelt it out to him, and he set things up with an incorrect spelling despite him also holding my debit card with my name written on it. (However I am doing as requested by the store to get this matter rectified and sorted).

    Also, the salesman asked after setting up the finance / credit details if I’d like a copy printing out or emailed (I’d already chosen to have an email store order confirmation), yet I still have not received anything to do with the finance / credit he set up, which I am very concerned about. I just have a basic printed “store” invoice as explained and an email order confirmation that have my incorrectly spelt surname.

    Yes, I know we should have checked as soon as he handed us the printed invoice, but even then it was too late as he's entered my surname wrong.

    Any advice on how to get this resolved please? We shouldn't have to chase this up but the finance company haven't responded to my email and we shouldn't have to as it was the salesmans error.

    Surely the direct debit and 6 months interest free credit has to now fail as it isn't in my surname due to the mispelling?

    Feeling really sick with worry over this and when you google Creation Finance, they get dreadful reviews with shocking customer service. 

    Please help / advise........

    Thank you.
  • General_query
    General_query Posts: 447 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    edited 25 January 2022 at 10:04AM
    This shows the credit check was done on my address NOT the person - despite people claiming firms don't do this - as there is no such person (for example) with the surname Parrort at this address, when it should be Parrott (double 't').

    As for a cost to change my surname he made it clear when processing the credit application and reading out their terms & conditions of the finance, "[they won't like me warning you of this] - "the finance company apply charges for correcting mistakes / making changes" at the time of booking, hence this panic from us, then HE makes a mistake.

    Surely any credit agreement is null and void as it's technically not in my name.....
  • Credit checks arent done on addresses, that is a common misconception.
    But there isn't anyone living at this address with that (incorrect) surname! 

    Won't they have to process it all again meaning a 200 mile round trip back to the store for them to re-process the sale (offer now ended), then set-up a new credit agreement?

    I knew we should have just paid in full on my debit card. Bed and mattress aren't even due until late April.
  • emmajones1976
    emmajones1976 Posts: 1,345 Forumite
    1,000 Posts Name Dropper
    edited 25 January 2022 at 10:17AM
    Credit checks arent done on addresses, that is a common misconception.
    But there isn't anyone living at this address with that (incorrect) surname! 


    Did you actually read the 2nd line of that post you quoted?

    If the system couldnt have found you, it would have either rejected you, or referred you (requiring the shop staff member to ring them up to finalise it). Neither happened.
  • Credit checks arent done on addresses, that is a common misconception.
    But there isn't anyone living at this address with that (incorrect) surname! 

    Won't they have to process it all again meaning a 200 mile round trip back to the store for them to re-process the sale (offer now ended), then set-up a new credit agreement?

    I knew we should have just paid in full on my debit card. Bed and mattress aren't even due until late April.
    In which case, following your line of thinking, you haven't bought anything and the store should return your £80 deposit.

    Seriously, let them crack on with amending the error.  Continually ringing and emailing the store and the credit company is almost certainly confusing the matter further.
  • General_query
    General_query Posts: 447 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    edited 25 January 2022 at 10:35AM
    Credit checks arent done on addresses, that is a common misconception.
    But there isn't anyone living at this address with that (incorrect) surname! 

    Won't they have to process it all again meaning a 200 mile round trip back to the store for them to re-process the sale (offer now ended), then set-up a new credit agreement?

    I knew we should have just paid in full on my debit card. Bed and mattress aren't even due until late April.
    In which case, following your line of thinking, you haven't bought anything and the store should return your £80 deposit.

    Seriously, let them crack on with amending the error.  Continually ringing and emailing the store and the credit company is almost certainly confusing the matter further.
    Okay. To me paying the deposit was like just making an £80 pillow / bedding purchase, take goods to the till and pay by contactless card, a totally separate transaction from the credit application, which is a legally binding agreement between the customer and company offering the finance?! Because of the salesmans error, it is between a fictious Mr. Parrort and Creation Finance, and Mr Parrort is not a real person.

    Yes I worry too much :(
  • General_query
    General_query Posts: 447 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    edited 25 January 2022 at 10:34AM
    [Aylesbury_Duck]: Seriously, let them crack on with amending the error.  Continually ringing and emailing the store and the credit company is almost certainly confusing the matter further.

    I've only rung the store once and that is when he asked me to go back into the store shortly after we left and saw the error, and I have only emailed Creation once on Saturday night when we got home. Just wish they would acknowledge my email.


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