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Update from the Ombudsmen what you guys reckon!?

 

I hope you’re well. I tried to call you on mobile but it appears the number is out of service.

 

Thank you for bringing your complaint to us. Further to my unsuccessful call, I’m writing to introduce myself – and let you know what you can expect from us. I’m the investigator who’s been allocated your case, so please feel free to contact me if there’s anything you wish to discuss.

 

I’ve read through your case and I understand that you’re unhappy that the TV you purchased from Curry’s PCW was mis-sold to you because it didn’t include a USB extended dongle that was advertised. You made a claim under Section 75 of the Consumer Credit Act against Creation Consumer Finance Ltd.

 

My role as an investigator is to give an independent opinion on your complaint. This means I’ll talk to you and the business, weigh up the facts of what’s happened, and then suggest a fair way to resolve the situation. Creation Consumer Finance Ltd have been in touch with us so I can let you know that I’ve now got the information needed to start looking into your complaint.

 

In most cases, we find a solution at this stage. This might be agreeing how the business should put things right – or sometimes that the business has already acted in a reasonable way. There’s more about how we work on our website at www.financial-ombudsman.org.uk/faq/index.htm.

 

I’ll keep you updated with my progress and ask you if I need more information. If you do get in touch, please use the reference...... 

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Any help much appreciated....

 

 

Thank you for your patience whilst I’ve been looking into your complaint. I’ve now reviewed all the information provided by you and Creation Consumer Finance Ltd (CCF). Having done this, I’d like to explain my findings.

Summary of your complaint

You contacted our service because you’re unhappy about how CCF has handled your section 75 claim.  When you contacted us, it had been about 16 weeks since you made your section 75 claim with CCF and you hadn’t heard anything back since you emailed them on 3 May 2016 stating that you’ve given them reasonable time.

Background of your complaint

After researching on the TVs available at the time, you purchased a TV from Curry’s PCW on 22 October 2016

You said from your research, the specification of the TVs available at the time were not vastly different. However, what intrigued you about this particular Samsung TV was the in built smart things ability to control smart devices around the home. And because the other TVs did not offer this feature, this is what influenced your decision to purchase the Samsung TV.

Samsung has now announced that they will no longer proceed with the USB dongle and because of this, you feel the Samsung TV has been mis sold by Curry’s PCW.

You feel that even though you’ve been misguided by Samsung, you have to take up your case with the retailer, Curry’s PCW. And in this instance, because CCF can be jointly held responsible under the Consumer Credit Act, you want a full refund.

My Findings

Section 75 of the Consumer Credit Act 1974 (CCA), says that in certain circumstances, the borrower under a credit agreement has an equal right to claim against the credit provider if there’s a breach of contract or misrepresentation by the supplier of goods and services.

My role here is to review if  Creation Consumer Finance Ltd has taken into account any relevant obligations that arise out of the financial product or service it provides to you, which includes ‘under section 75’.

CCF said they’ve declined your claim because you were offered an alternative product (smart thing hub) which will provide similar functionality to the previously advertised item and the item was not knowingly mis-sold. They also said you had use of the TV for three years and it took two years for you to raise a complaint. And because the item is primarily a TV, and primarily used as such, it’s unreasonable to offer a full refund.

However, you said you don’t like this alternative product because it requires using your mobile phone and you don’t want to do this.  You found out in 2018 that Samsung has taken the decision not to introduce the smart thing dongle and this is why you approached Curry’s PWC but they have been unable to resolve your complaint.

CCF also said that they were unable to respond to your claim quicker because they were waiting for further information from Curry’s PCW. Considering the circumstances of a Section 75 claim, CCF needs information from Curry’s PCW to investigate your claim.

Having reviewed the information from both sides, it’s difficult to hold Curry’s PCW accountable for Samsung not providing the USB dongle because it wasn’t Curry’s PCW that advertised this feature or made it part of your contract. You also used the TV for over 2 years before making your complaint which indicates the TV was performing it’s primary function for this period. I haven’t seen enough evidence to say you wouldn’t have proceeded with the purchase without the USB dongle. Because of this, I don’t think it’s unreasonable for CCF to decline your claim for a full refund.

I agree that Creation Consumer Finance declined your claim fairly, based on the circumstances and I won’t be recommending that they do anything further.

What happens next

I think this is a fair outcome in the circumstances, for the reasons I’ve explained. But if you decide that you don’t accept what I’ve said, then please let me know by 14 November 2019. If I can’t resolve things then an ombudsman here can look at everything again and make a final decision. If I don’t hear from you by that date we might not be able to look at your complaint again.

 

Kind regards

Black Belt 

@Richierich99 wrote:

Any help much appreciated....

 

 

Thank you for your patience whilst I’ve been looking into your complaint. I’ve now reviewed all the information provided by you and Creation Consumer Finance Ltd (CCF). Having done this, I’d like to explain my findings.

Summary of your complaint

You contacted our service because you’re unhappy about how CCF has handled your section 75 claim.  When you contacted us, it had been about 16 weeks since you made your section 75 claim with CCF and you hadn’t heard anything back since you emailed them on 3 May 2016 stating that you’ve given them reasonable time.

Background of your complaint

After researching on the TVs available at the time, you purchased a TV from Curry’s PCW on 22 October 2016

You said from your research, the specification of the TVs available at the time were not vastly different. However, what intrigued you about this particular Samsung TV was the in built smart things ability to control smart devices around the home. And because the other TVs did not offer this feature, this is what influenced your decision to purchase the Samsung TV.

Samsung has now announced that they will no longer proceed with the USB dongle and because of this, you feel the Samsung TV has been mis sold by Curry’s PCW.

You feel that even though you’ve been misguided by Samsung, you have to take up your case with the retailer, Curry’s PCW. And in this instance, because CCF can be jointly held responsible under the Consumer Credit Act, you want a full refund.

My Findings

Section 75 of the Consumer Credit Act 1974 (CCA), says that in certain circumstances, the borrower under a credit agreement has an equal right to claim against the credit provider if there’s a breach of contract or misrepresentation by the supplier of goods and services.

My role here is to review if  Creation Consumer Finance Ltd has taken into account any relevant obligations that arise out of the financial product or service it provides to you, which includes ‘under section 75’.

CCF said they’ve declined your claim because you were offered an alternative product (smart thing hub) which will provide similar functionality to the previously advertised item and the item was not knowingly mis-sold. They also said you had use of the TV for three years and it took two years for you to raise a complaint. And because the item is primarily a TV, and primarily used as such, it’s unreasonable to offer a full refund.

However, you said you don’t like this alternative product because it requires using your mobile phone and you don’t want to do this.  You found out in 2018 that Samsung has taken the decision not to introduce the smart thing dongle and this is why you approached Curry’s PWC but they have been unable to resolve your complaint.

CCF also said that they were unable to respond to your claim quicker because they were waiting for further information from Curry’s PCW. Considering the circumstances of a Section 75 claim, CCF needs information from Curry’s PCW to investigate your claim.

Having reviewed the information from both sides, it’s difficult to hold Curry’s PCW accountable for Samsung not providing the USB dongle because it wasn’t Curry’s PCW that advertised this feature or made it part of your contract. You also used the TV for over 2 years before making your complaint which indicates the TV was performing it’s primary function for this period. I haven’t seen enough evidence to say you wouldn’t have proceeded with the purchase without the USB dongle. Because of this, I don’t think it’s unreasonable for CCF to decline your claim for a full refund.

I agree that Creation Consumer Finance declined your claim fairly, based on the circumstances and I won’t be recommending that they do anything further.

What happens next

I think this is a fair outcome in the circumstances, for the reasons I’ve explained. But if you decide that you don’t accept what I’ve said, then please let me know by 14 November 2019. If I can’t resolve things then an ombudsman here can look at everything again and make a final decision. If I don’t hear from you by that date we might not be able to look at your complaint again.

 

Kind regards


Why they say they cannot blame Curry's because they did not advertise this and it was not part if your contract, they have ignored the Curry's advert that says clearly that it was a feature and the dongle would be made available when Samsung released it sometime in the future, and as such an advertisement any advert from the retailer becomes part of the contract. 

The time limit is 6 years for misrepresentation, and you were extremely patient waiting as long as you did. 

Send that back to them. 

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Any links I should I should send to the Ombudsmen as I'm sure I've not sent them any yet, only creation fiance 

Thx

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Been there and dealt with the ombudsman for over 6 months now and got nowhere either. I sent them the currys advert about the dongle but they didn't want to know. 

 

Anyone had any joy taking currys to court?

Black Belt 

@Richierich99 wrote:

Any links I should I should send to the Ombudsmen as I'm sure I've not sent them any yet, only creation fiance 

Thx


Yes send them everything, especially the Curry's Web advert where it is absolutely clear about the free dongle would be supplied. 

Black Belt 

@Mylo75 wrote:

Been there and dealt with the ombudsman for over 6 months now and got nowhere either. I sent them the currys advert about the dongle but they didn't want to know. 

 

Anyone had any joy taking currys to court?


It's in the results page and they settled before Court. 

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