Comet...Claim laptop delivered and i now have a GE Edge Card Debt i must pay!!

[brooklyn]

hello out there,

 

i hope someone can help.

 

a few months ago my husband orderd a laptop through a comet call center, we used my card to pay a deposit.

the paperwork (credit agreement) came and was incorrect and in my name

 

sent it back again it was incorrect

then comet phoned me and said they did not receive it.

i was that fed up i said just forget it we'll go elsewhere.

 

yesterday (several months after the last communication with) them i received a edge account with the balance plus interest on

 

i called and explained the situation but was told the account has to be paid.

my response was that i never had anything from them it was one big cock up,

 

i was then told as far as they were concerned the laptop was delivered and the debt is mine to pay.

i have not had any such delivery nor signed for it but according to comet someone has signed for the delivery and once the item leaves comet it is not their responsibility its mine.

 

i have asked how the account could be opened and was told the credit agreement must have been possessed

i requested a copy of the agreement but the lady i spoke to said that comet do not have it nor copies and said the finance company ge capital have it.

 

i then contacted ge capital and they have no such agreement and have no idea how an account was set up without it.

ge were very helpful and said to go to a local store (as the order was done through a call centre) and they will confirm to a manager that there is no such agreement.

 

if comet have no agreement and ge capital have no agreement and i have not received anything why am i being told by a manager at comet call centre that because it was delivered and signed for i have to pay.

 

the chap at my local store is still trying to sort it out for me but with no promises.

another store manager which was the first port of call flatly refused to help.

 

 

 

i posted earlier about a missing credit agreement and missing goods on the comet page and "wot now no credit agreement"

 

its taken me a good couple of hours to stop crying.

and i'm not sure i'm doing this right i'm no good with computers, the story so far;

 

a few months ago my husband ordered a laptop through a comet call centre, we used my card to pay a deposit. the paperwork (credit agreement) came and was incorrect and in my name so sent it back again it was incorrect

 

sent it back then comet phoned me and said they did not receive it.

i was that fed up i said just forget it we'll go elsewhere. yesterday (several months after the last communication with) them i received a edge account with the balance plus interest on

 

i called and explained the situation but was told the account has to be paid.

my response was that i never had anything from them it was one big cock up,

i was then told as far as they were concerned the laptop was deliverd and the debt is mine to pay.

 

i have not had any such delivery nor signed for it but according to comet someone has signed for the delivery and once the item leaves comet it is not their responsibility its mine.

 

i have asked how the account could be opened and was told the credit agreement must have been possessed so i requested a copy of the agreement but the lady i spoke to said that comet do not have it nor copies and said the finance company ge capital have it.

 

i then contacted ge capital and they have no such agreement and have no idea how an account was set up without it.

ge were very helpful and said to go to a local store (as the order was done through a call center) and they will confirm to a manager that there is no such agreement.

 

if comet have no agreement and ge capital have no agreement and i have not received anything why am i being told by a manager at comet call center that because it was deliverd and signed for i have to pay. the chap at my local store is still trying to sort it out for me but with no promises. another store manager which was the first port of call flatly refused to help.

 

well the nice man from comet who has been trying to help called me back and has told me he can no longer talk to me regarding this situation,

he has been told in no uncertain terms to bow out by people above him.

 

the little info he could give me from a conversation he had with the same manager i spoke to that wants me to pay was;

she told him i had said different things to what was actually said and what she said was also different ,

 

all he could confirm was they are frantically looking for the paperwork and their legal team will be in touch.

i am terrified!

 

the name signed for the delivery is according to comet, my sons.

its not!

no-one has signed for anything.

 

comet also say that i never informed them that it hadn't been received,

my reply was why would i,

i was not expecting a delivery as i'd told them to forget it.

what do i do? i feel bullied,

distraught and totally panic stricken,

HELP!

[pudsters14]

Good Luck Brooklyn, i'm subscribed!

 

Pudsters14

x x x x x x x

[Bookworm]

Easy enough.

 

You need to send this letter to GE Capital.

 

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

 

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

This is the letter usually used for DCAs that have purchased a debt, but I think it it perfectly valid here, where GE tells you they don't have the paperwork, It puts the onus on THEM, not you.

 

What about your deposit? Did you get that back when you cancelled? I'd be very careful that they don't try to help themselves directly from your card, yes, they're not supposed to, and they shouldn't have kept the details, but let's face it, this forum is full of people to whom it "shouldn't" have happened and yet did... Might be a good idea to cancel your card and get it replaced, just in case.

 

Let us know how you get on.

[brooklyn]

Hello Bookworm,

 

Thanks so much for your advice hadn't considered them using my card to obtain the funds. I did pay a deposit by card and as yet comet have not had it refunded, GE cannot understand how an account has been set up by comet as they have never had any documents from comet nor confirmed to comet to proceed with anything.

I have never had to deal with anything like this and the simple mention of their legal team dealing with it just made me panic.

I will send the letter tommorrow by recorded delivery and let you know how it goes.

 

Many thanks from a not so panicked brooklyn.

[brooklyn]

Hello again,

 

Just thought i'd let you know I sent letters to G.E Money and I also sent one to comet as they're trying to make me pay them. Both were sent recorded delivery with a £1 postal order in both I also stated that it was to be used as stated and not to be deducted from bill. ( I saw that somewhere else on the site) according to the track and trace comet had there's today.

 

How long should I wait for a reply and should I talk to them if they phone again?

 

The manager of the local store that I was dealing with has been told in no uncertain terms to bow out by his boss's and not to talk with me further on the matter as there lagal team is dealing with it. I was told that the name that signed for it was my sons but they wouldn't give me a delivery date and comet also said they would send a copy of this to me but i've not received it, my son has not signed for anything and i'm concerned someone else might have signed his name, in short I have some very undesirable neighbours and the teenage lad is in and out of prison for car theft and burgulary as well as assults etc.( i'm not saying its them but its possible) Should I report this to anyone else or just wait for my reply?

 

This site is fantastic it has really empowered me. There must be so many people taken advantage of and they just accept things and pay up as I have always done. I'm doing my research and am no longer going to be a victim.

[brooklyn]

I'm new to this but think i'm getting there started a thread in comet section of retailers.

[dpick]

Hi I would send CCA request to all three firms in above post also you say deposit paid by card was this returned as it would be extra proof of you cancelling

 

all the best dpick:p

[brooklyn]

Hello Dpick,

 

I've sent request to comet and G.E recorded delivery. I have not as yet had a refund, to be honest I had totally forgotten about it until someone else mentioned it on my other thread. we have since bought a different laptop from elswhere not as good but no hassel (as yet).

 

In my last telephone conversation with comet although they said my son had signed for delivery they would not give me a date for it and i've asked for a copy been told they'll send one but have not received that either ( i was hoping it had been done when he was away) so i could tell them its not my son who signed.

 

Keep you posted

Brooklyn.

[dpick]

Hi not sure on this as never had to try, how about getting in touch with credit card re refund of deposit they may be able to put further pressure on Comet.

 

dpick:p

[brooklyn]

Hi

 

Tried that, because it was in Feb they can't do anything

Thanks for the suggestion though.

 

Brooklyn.

[brooklyn]

Hello anybody there?

 

Well I've had a letter back from comet today, its quoted below;

 

RE Laptop Account xxxx xxxx xxxx xxxx

 

I refer to previous correspondence and contact, in particular to your letter dated 11 June 2007.

 

The existence or otherwise of a credit agreement is a matter for GE Money with whom I am currently pusuing enquiries. I shall ask them to respond direct to yourself in regard to your enquiry.

 

Yours sincerely,

 

xxxxxxxxx

Team manager,stock Audit

 

A copy of the letter was sent direct to comet and to GE Money both my contained £1. postal orders.

What do I do now? there is no mention of my deposit being refunded which was payed direct to comet by card, it is comet that has been phoning me demanding payment (not since they received the letter though).

I have still not had the proof of delivery which the same lady said she was sending out.

Do I write and request my money back and who do I ask for it? it seems they are just passing the buck. They have kept the postal order and not sent requested documents, should I ask for that back too?

 

Any suggestions please???

Brooklyn.

[yaffsimone1]

Try not to stress, and dont cry....I know you want to kick these idiots but they really are not worth it.

 

Comet have to prove the item was signed for they also have to produce the disptach note showing that the item they were delivering actually existed and was despatched from their warehouse!

 

Who is pursuing you for this money Comet, GE or a DCA?. Whoever it is they cant do bugger all because you have clearly put the matter into dispute, they can pass the CCA request around all day if they like but that does not excuse them from the fact they will soon be in default if not so already. Dont talk to any of them anymore dont even go into the store deal with everything in writing.

 

To enforce this debt they will have to take you to court where they will have to produce the evidence that it was signed for and the despatch note. Obviously if they dont have this information i doubt they will take you to court. You could always say to the you are obtaining an injunction against them and they will be ordered by the court to provide you with the documentation, that should make me squirm!

 

As for the credit card and getting your money back there is a way round this its called Equal Liability. Customers who have a claim against a supplier for breach of contract or misrepresentation will generally have an equal claim against the card issuer.

 

For section 75 of the Consumer Credit Act 1974 to apply, certain conditions must be met. Most credit card purchases will be covered, but:

• the cash price of the goods or services must be more than £100 and not more than £30,000; and
  
• purchases are not covered if they are made by debit cards or by charge cards (where the monthly bill has to be settled in full).

Also, section 75 only applies if the credit has been provided under a ‘pre-existing arrangement’ that involves both the supplier and the credit provider. So credit cards are covered because suppliers are signed up by one firm (called the ‘acquirer’) to accept cards belonging to the relevant network – such as Mastercard or Visa. The arrangement involves both the supplier and firms that issue cards through that network.

[dpick]

Totaly agree with above and the CCA time scale is 12 + 2 working days if agreement not received they are in default a further 30 days they have commited offence. I would send letter to point out that this has been in dispute from date of CCA request and see what they do next. This will also give you time to condiser what you want to do next.

 

dpick:p

[brooklyn]

Hello both,

 

Many thanks.

 

Trying to keep positive and waiting.

 

Brooklyn.

[diskmandave]

brooklyn; This has been going on for far too long with people passing you from pillar to post and back, and not really telling you anything anyway.

 

Something is clearly very wrong. The next time that they chase you for a payment should be met with a response such as, "this account is seriously in dispute, why are you chasing payment?".

 

OFT debt collection guidance... (Link below)

2.8(k). not ceasing collection activity whilst investigating

a reasonably queried or disputed debt.

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

As for this whole sorry situation so far, it's time to get Trading Standards involved and don't be shy about telling them you have done so. (Link below)

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

Follow the link and enter your postcode in the search box to the top right of the page to find your local office.

 

Good luck for the future, I hope this works out for you.

 

Regards, Dave.

[brooklyn]

Hi Again,

I have drafted a response to comet and have put it below but I'm not very good at this sort of thing can anyone give their oppinion please? I've also posted on my other thread in the general debt section in, no credit agreement ( which is pretty much the same but seemed relevant there too).

With reference to your letter dated 20/06/07. As I have previously explained several times in previous correspondence, the order of the item in question was cancelled but my payment of £110 which was paid in February has still not yet been refunded. This payment was made to Comet and as such should be comet that refunds it.

 

With reference to the alleged existence of a credit agreement. I wrote to you on 11/06/07 requesting a true, signed copy of any credit agreement that you allege exists in relation to the above account. This is my right under sections 78 of the Consumer Credit Act 1974 on payment of the statutory fee of £1.00. This payment was included with my original request.

 

Under the terms of the above Act, a creditor has 12 working days to provide the requested document. Should they fail to do this, they have a further calendar month to rectify this default. Failure to comply within these timescales is a criminal offence. The first of these deadlines has already passed and I have received nothing in relation to my request.

I have used bits from sugesstions made to me on this site and have used other parts from threads i've read on this site.

Should I send this?

Regards Brooklyn.

 

Hi Again,

 

I have drafted a response to comet and have put it below but I'm not very good at this sort of thing can anyone give their oppinion please? I've also posted on my other thread in the comet section under no goods no credit agreement ( which is pretty much the same but seemed relevant there too).

 

With reference to your letter dated 20/06/07. As I have previously explained several times in previous correspondence, the order of the item in question was cancelled but my payment of £110 which was paid in February has still not yet been refunded. This payment was made to Comet and as such should be comet that refunds it.

 

With reference to the alleged existence of a credit agreement. I wrote to you on 11/06/07 requesting a true, signed copy of any credit agreement that you allege exists in relation to the above account. This is my right under sections 78 of the Consumer Credit Act 1974 on payment of the statutory fee of £1.00. This payment was included with my original request.

 

Under the terms of the above Act, a creditor has 12 working days to provide the requested document. Should they fail to do this, they have a further calendar month to rectify this default. Failure to comply within these timescales is a criminal offence. The first of these deadlines has already passed and I have received nothing in relation to my request.

 

 

I have used bits from sugesstions made to me on this site and have used other parts from threads i've read on this site.

 

Should I send this?

 

Regards Brooklyn.

[shaniannie]

I have been reading, and although don't know a lot of the technicalities in your case, perhaps you should make it clear in that letter above that aswell as the fact you cancelled the order you also did not receive any item to pay for.

 

I hope you get a good result from this!

[brooklyn]

Hi Shaniannie,

 

I have done this preiously but its a good point they have not addressed this fact as yet in writing. thank you.

 

Brooklyn.

[dpick]

Hi Brooklyn looks ok to me and as diskmandave says I to think its time to get TS involved

 

all the best dpick:?

[brooklyn]

Hi dpick,

 

Many thanks TS is my next step if i have no response.

 

Wish me luck Brooklyn

[dpick]

You have all the luck you need here with CAG will keep watching though sometimes I am away from home there is allways someone will reply.

 

all the best dpick:p

[brooklyn]

Hello again,

 

Well things just keep getting better NOT! I have received another letter today from GE Money, according to their records my payment has not been received BLAR! BLAR! BLAR! please pay immeadiately, also a monthly statement has been sent with; "Pevious balance £1050.94" (which is not the amount it should have been if the purchase had gone ahead).Then there is "New Debits this month (includes purchases) £20.05". (I'm assuming this is a charge for non payment) "New balance £1070.99".Just to rub it in they have requested I don't use my card to avoid the embarrassment of it being refused. I have never had a card nor do I want one and I didn't want the account in the first place either.:o

 

I couldn't help it I had to call. They confirmed again that no agreement had been received and the account should not have been set up, they also confirmed the lady from Comet had called them on the 20th June to ask for a copy of the agreement and she has been told there isn't one and has been refered to another department. She has not been in touch with them since, (so much for her saying in her last letter to me that she was pursuing enquiries with GE Money).The nice lady I spoke to has told me she is putting the account on hold because of the dispute, I won't hold my breath.

 

I have still not had a response to my request for a copy of the alleged agreement and statement of account from Comet or GE Money.

 

I'm going to do another letter to GE Money. All I can think of is BLOODY SORT IT OUT. Any other suggestions?

[dpick]

Just to rub it in they have requested I don't use my card to avoid the embarrassment of it being refused. I have never had a card nor do I want one and I didn't want the account in the first place either.

When you send them a letter ask them to explain their incompetence in saying they will stop your card when you don't have one and would never have one from them especially now that you know just how incompetent they are.

dpick:p

[brooklyn]

Hello Again,

 

I've sent this letter (below) to GE Money in response to their demand for payment.

 

 

Re: − Account/Reference Number xxxx xxxx xxxx xxxx.

 

Dear Sirs.

 

 

With reference to your letter dated 29/06/07 and also statement dated 28/06/07.I have tried to resolve this problem in previous correspondence with GE Money and with Comet but have not been able to. I sent a letter to GE Money cc: Comet on the 11/06/07. I have had no response from GE Money. The response I had from xxxx xxxxx at Comet was; I quote.

 

RE: Laptop Account ref xxxx xxxx xxxx xxxx

 

“I refer to previous correspondence and contact, in particular to your letter dated 11 June 2007.

 

The existence or otherwise of a credit agreement is a matter for GE Money with whom I am currently pursuing enquiries. I shall ask them to respond direct to yourself in regard to your enquiry.

 

Yours sincerely,

 

xxxxxxxxxxx

 

 

I will be notifying the relevant statutory authorities of Comets non compliance.

 

With reference to the alleged existence of a credit agreement. As stated above I wrote to GE Money and Comet on 11/06/07 requesting a true, signed copy of any credit agreement that you allege exists in relation to the above account. This is my right under sections 78 of the Consumer Credit Act 1974 on payment of the statutory fee of £1.00. This payment was included with my original request.

 

Under the terms of the above Act, a creditor has 12 working days to provide the requested document. Should they fail to do this, they have a further calendar month to rectify this default. Failure to comply within these timescales is a criminal offence.

 

The first of these deadlines has already passed and I have received nothing in relation to my request. Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

I was informed by xxx at G.E Money on 06/06/07 that no such agreement exists and he could not explain how such an account was opened. This was also confirmed to me again today (03/07/07) by xxxx xxxx in the collections department, that GE Money have not got such an agreement and she too could not understand how such an account was set up without a agreement. xxxx also confirmed that xxxxx xxxxx had been in touch with yourselves on 20/06/07 and had been told the same thing i.e. that there is no agreement.

 

 

I would like to point out that a creditor is not permitted to take any action against an account whilst it remains in dispute. The lack of a credit agreement and the fact that the order was cancelled with Comet and no goods have ever been received is a clear dispute and therefore the following applies;

• You may not demand any payment on this account, nor am I obliged to offer any payment to you.
  
• You may not add any further interest or charges to this account.
  
• You may not pass this account to any third party.
  
• You may not register any further information in respect of this account with any of the credit reference agencies.

As there is no signed agreement you are not permitted to process any of my information, to do so is a serious breach of the Data Protection Act 1998.

 

 

 

I look forward to hearing from you with respect to this complaint and

your proposed actions in relation to the lack of a credit agreement.

 

Yours Faithfully,

 

Brooklyn.

 

I used bits from other threads on this site, many thanks to those concerned I couldn't of done it without this site.

 

I have checked my bank ac today and guess what? :grin: a payment has gone in for £110 from Comet (my deposit). I have had no writen confirmation or apology from them and I'm still being chased by GE Money but it seems Comet have by doing this admitted they are in the wrong.

 

 

Thanks for all your advice so far.

 

Brooklyn.

[sequenci]

You should really consider getting the press involved, or watchdog for that matter. this is ridiculous! I hope you get it sorted!