pcworld damaged my tv beyond repair

[rangiemad]

Re: pcworld damaged my tv beyond repair

attachments to previous

[Spellkaster]

Re: pcworld damaged my tv beyond repair

I would advise NOT going down the road of the Financial Ombudsman.

I have been with them on 2 separate occassions and both adjudicators sided against me.

Unfortunately the Financial Ombudsman is NOT for the consumer.

There is another road you can go down on and that is if you have legal expenses on your home insurance, this can be used.

You should be able to claim on that maybe for accidental damage.

[rangiemad]

Re: pcworld damaged my tv beyond repair

Hi,
After way over the 8 weeks for the card provider to respond to section 75, Aqua has sent no communication whatsoever.

I am unsure if to continue to FOS, as if they rule against, can I still raise a county court claim against PC World, and given the circumstances of PCWorld failing to repair it and damaging it on multiple occasions, are there any precedents on how many times I should allow them to attempt repair, bearing in mind the cost of my loss of earnings each time I have to take the day off to wait in (each time is 2 days, once to collect and once to deliver, being self employed I don't get holiday pay!).

Can anybody see anything in the claim I am making which would cause the ombudsman to rule against, or should I just bite the bullet and serve a county court summons and go dow that a route.

Also, are there any rules for how to return the product to when they should refund at all, I don't want to be in the situation where they have the items, but fail to pay up, after all, they wouldn't let me walk out of the store with a new tv and me tell them I'll pay at some time in the future, when I could be bothered.

Thanks.

[rangiemad]

Re: pcworld damaged my tv beyond repair

Hi,

Is anybody able to advise on the last post, as time is disappearing quickly on this matter.

Thanks

[ellegonzalez]

Re: pcworld damaged my tv beyond repair

The particular law here is, of course, the Consumer Rights Act 2015. The repair service is governed by Chapter 4 of Part 1.

[rangiemad]

Re: pcworld damaged my tv beyond repair

Hi ellegonzalez,
thanks for the post, but the TV was purchased before the 2015 legislation, so not applicable as I understand it as I didn't think legislation was retrospective?

[rangiemad]

Re: pcworld damaged my tv beyond repair

Hi R0b,

Sorry it has been such a long time, but still on with this one!

Aqua have delayed constantly and not done anything about the section 75 claim and PC world have now said it has been too long since the damage was done so they are refusing to deal with the complaint anymore.

Just to add more complications, due to the length of dispute with aqua and compound interest they have been piling onto the account, she has now been threatened with default if card isn't settled in full and refusing to discuss the section 75. Cut a long story short, due to the timings of payments, inactions, lost work hours etc, she has not been able to pay their minimum payments and has now been passed onto Moorhouse collections, and threatened with default this week if the amount is not settled in full immediately, which we cannot do.

I know PC world are in breech of contract, so not bothered about that, can deal with, but really not sure what to do about the lack of acknowledgement of section 75 claim against Aqua, the fact they want payment in full, but when I mistakenly overpaid her card early last year, it took 3 months for them to refund it, after suspending the account saying they were not a clearing bank, so couldn't be in credit on the account.

That would mean that if she was able to pay in full, they would not be able to refund her card the section 75 anyway, as they say the card can't ne in credit.

Please advise as soon as you can(any further info needed given as quick as I can) to attempt to stop them defaulting the account.
Kindest regards
Rangiemad.