Do I get to keep the goods?

edited 11 October 2022 at 1:49PM in Consumer rights
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deledwardsdeledwards Forumite
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edited 11 October 2022 at 1:49PM in Consumer rights
Hi all, new to this...so please bear with me!  On Saturday, I decided to purchase a new PS5 from Currys, using their flexible finance (buy now, pay 6 months later) deal.  It was all agreed, and a £2k spending limit approved.  I then looked at Currys and purchased a PS5 with a few extras, leaving me £1200 of credit available.  I have a signed agreement with the credit company.

Then, the next day, I was delivering my son's TV to his house and when I arrived, the screen was broken (such is my luck!) so I decided to use some of the remaining credit to buy him a new one, at a cost of £450.  I applied to put it onto my account, but it was rejected!?!?  As it was a Sunday, I couldn't call them until today (Monday).

Then, today (2 days after) I have accepted delivery of the new PS5, and a few of the other bits ordered to go with it.  I then picked up the phone and called the finance company that Currys use to chase up why I was unable to order the TV, despite being well within my credit limit.  They advised me that my finance had not been fully agreed as yet; and that it may actually be rejected?!?!

So now, I have taken delivery of goods from Currys, that they have not received any money for.  The finance company effectively owe Currys £843, but may reject my application!?!?  I don't have a contract with Currys at all, and if the finance company reject an account for me, I won't have a contract with them either (but I have digitally signed an agreement....and my online account shows that I have a £2k limit)?!?!

Can I keep the goods?  Is there any legal recourse on the part of either the finance company or Currys?  I have acted wholly legally and would never have ordered the PS5 if I didn't think I had the finance in place to cover it.

Thanks in advance all, I have tried to Google the answer, to no avail!

Replies

  • theoreticatheoretica Forumite
    11.4K Posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Forumite
    I expect you get to keep the goods, and pay for them as you agreed, because you have signed an agreement with the finance company. A minor confusion over further credit won't affect that.
    But a banker, engaged at enormous expense,
    Had the whole of their cash in his care.
    Lewis Carroll
  • DullGreyGuyDullGreyGuy Forumite
    3.5K Posts
    1,000 Posts Name Dropper
    Forumite
    You have a contract with Currys and have just chosen finance as the payment method. If that payment fails for any reason then clearly you still owe the monies in the same way as if you had paid by Credit Card and subsequently done a chargeback or an IT failure meant the funds werent collected.

    The chances are the finance will go through and its all a moot point. 
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