Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Hi guys,
I was hoping you'd give me your opinions on my situation.
I bought a home cinema system from currys just over 2 years ago. It's never worked properly. It has been back for repairs 4 times, they exchanged it for one the same and that one went back for repairs twice. When the new one stopped working for the third time they said it was now out of warranty and there was nothing they could do. I wrote to them informing them I would be issuing proceedings for breach of contract as the product was not fit for purpose as defined by the sale of goods act. They immediately made me an offer of approximately 1/2 what I paid. I thought it over and decided to take it. As instructed I took the system back to the shop and informed them I'd accept the offer and they said I would receive gift vouchers within 5 working days.
After a week they didn't arrive. I called and they said they had no record of me returning the system but they'd look into it. After another week I was told they had been posted. After another a week I was told to give them time and they'll turn up. After this I called daily. A few days in and currys confirmed the address they sent them to and it was not my address. They had been posted to my neighbour as they mixed the numbers up. I live in the ghetto and have never spoken to my neighbour. They won't answer the door to me and have not replied to the polite little note I put through their door. It seems the vouchers (£230 worth) were sent unregistered post.
On 11th November I wrote to Currys again and told them I was issuing for the full amount in 7 days. I've called them today and they are still just looking into it and are trying to establish if the vouchers have been spent.
I want to issue.
My concern is that they offered me £230 and I accepted it. Will they be able to say we have a binding agreement so I'll be unable to claim more or is our agreement breached due to the amount of time it has taken them?
Plus I'm worrying about the fact that they have the system and there's no proof I ever took it back or that the ghetto folk have spent the vouchers and they'll just refuse to issue more.
It's so frustrating. I'm DVD playerless, spending every day on the phone to them, have no money back and getting nowhere.
Thank you
Hi guys,
I was hoping you'd give me your opinions on my situation.
I bought a home cinema system from currys just over 2 years ago. It's never worked properly. It has been back for repairs 4 times, they exchanged it for one the same and that one went back for repairs twice. When the new one stopped working for the third time they said it was now out of warranty and there was nothing they could do. I wrote to them informing them I would be issuing proceedings for breach of contract as the product was not fit for purpose as defined by the sale of goods act. They immediately made me an offer of approximately 1/2 what I paid. I thought it over and decided to take it. As instructed I took the system back to the shop and informed them I'd accept the offer and they said I would receive gift vouchers within 5 working days.
After a week they didn't arrive. I called and they said they had no record of me returning the system but they'd look into it. After another week I was told they had been posted. After another a week I was told to give them time and they'll turn up. After this I called daily. A few days in and currys confirmed the address they sent them to and it was not my address. They had been posted to my neighbour as they mixed the numbers up. I live in the ghetto and have never spoken to my neighbour. They won't answer the door to me and have not replied to the polite little note I put through their door. It seems the vouchers (£230 worth) were sent unregistered post.
On 11th November I wrote to Currys again and told them I was issuing for the full amount in 7 days. I've called them today and they are still just looking into it and are trying to establish if the vouchers have been spent.
I want to issue.
My concern is that they offered me £230 and I accepted it. Will they be able to say we have a binding agreement so I'll be unable to claim more or is our agreement breached due to the amount of time it has taken them?
Plus I'm worrying about the fact that they have the system and there's no proof I ever took it back or that the ghetto folk have spent the vouchers and they'll just refuse to issue more.
It's so frustrating. I'm DVD playerless, spending every day on the phone to them, have no money back and getting nowhere.
Thank you
They are in breach of contract if they specified 5 days for payment.
You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.
If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.
If you think I have been helpful PLEASE click the scales
Did you agree to accept gift vouchers? If so you compromised your claim to a full refund with a settlement which provided for you to receive £230.00 in gift vouchers.
You now have a right to sue for £230.00 in gift vouchers. Strictly, that's not the same as 230.00 in quids.
Yes I did agree to accept £230 in vouchers but made it clear that I didn't think it was a true reflection of my loss and was only accepting this offer if it would result in a swift end to it all. In fact it's just opened a new can of worms that is going to drag on forever.
Every time I call it's like the first time. They have no record of my previous calls and I have to go through everything all over again. I allegedly have a case handler but she's never called me and I can't call her as she works in the 'correspondence department' who don't accept incoming calls. I can only speak to front of house who are a load of half wits.
I'm in a bit of quandry but think I will issue for the full amount regardless. Even if it does turn out I'm limited to £230 in vouchers I still don't have them in the timescale they promised so I surely I'd be able to negotiate down to that figure and make them pay my costs and fees in issuing?
Thats when it gets to these agreements you should always put everything in writting or E mail, so there is a record, confirming any conversations that you have had.
With regard to the present situation, before any court proceedings you write confirming the arrangements you have and what you are exoecting from them and give them 7 days or so to respond. As as you have already accepted the voucher offer you cant suddenly ask for more now. all you want is for them to accept that they have posted the vouchers, but to wrong address ( their fault ) and you want replacements; but do it all in writting, no phone calls.
I have already written to them going through everything that has happened and giving them 7 days to get the payment to me. The 7 days expired 2 days ago and I haven't had a call or letter from them.
Keen to be the one who is being reaosnable yesterday, I called them yesterday as final chance. If they had said to me 'Yes we are sorting it out and new vouchers will be posted' I would hold off. All they say is someone will come back to you. I asked the person I spoke to for the correct name and address for service of the claim form. I told him that I have drafted the particulars of claim and I would be posting them today if I had not received a phone call as they had already passed the 7 day deadline. He said he's email the case handler.
I have the full name of every one I have spoken to and a note of the conversation. I'm issuing but I am still torn as to how much for. I think it comes down to whether the payment within 5 day promise made by them was a condition of the agreement. If it was then the agreement is now void. If not then it'll have to be £230. To be honest I'll be satsified with £230 vouchers but if I can get more out of them for the hassel they've caused me then I will.
Sale of Goods and Contract Law Help
Reply With Quote
Originally Posted by Oysterboy
