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    • Thanks BankFodder for your latest, I'm in complete agreement on the subject of mediation and will be choosing to decline mediation, the longer timeline is not an issue for me, I will happily let the going to court run it's course. I really appreciate the support from the Consumer Action Group. I'll post the email text I'm sending to Evri's small claims in answer to their recent defence response. Regards, J
    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
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Chromebook faulty, do I have any rights?


bendan78
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I bought a Samsung Chrome 5 series on 05/01/12,

the screen is not working properly,

the screen only comes on if I get it to a certain position,

if I tilt it even slightly forward or back it goes blank......

 

I called Curries who said if it's over 12 months old they don't offer any repairs or help whatsoever!

 

I called Samsung and I can send it to them and pay for any repairs!

 

do I have any rights with Curries under the sales of goods act?

 

Any advice would be appreciated thanks :)

Edited by bendan78
adding more info!
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hi and welcome to cag

typical response rom them

ofcourse you have a right to a repair under soga!!

 

you might have to get a report done though.

 

http://sogahub.tradingstandards.gov.uk/

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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great stuff thanks for the replies, I'll speak to Curries again and try being a little more pushy and see what I can do, if need be I'll get a independent report done....I'll update when I know more!

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Just an update......

 

I called Curries back and explained as it was my right under the sales of goods act,

I would be contacting a repairs company to give a independent evaluation of the faulty chromebook,

and where did they want the evaluation sent,

 

I was put through to a different section,

and another chap answered and told me that

"curries did not repair chromebooks,

so once the warranty was up it would have to be Samsung that mended it!"

 

I explained that the warranty made no difference to my rights under the sales of goods act

and that if I could prove that there was a problem when I bought the chromebook

and that it wasn't fit for purpose then I was entitled to a repair or replacement...

......the guy on the other end of the phone was pretty much shouting at me by this point!

 

He eventually said he had to go and check whether what he was telling me was correct

and came back on the line and has asked me to bring the chromebook to a pc world to be looked at.....

....what happens next who knows,

 

but at lots of points in the conversation I nearly gave up because the guy was very convincing

and pretty aggressive but he was more helpful by the end of the call

and said there was a "procedure" he could use! ,

 

I'll be updating soon...

 

...thanks to the advice I got earlier today I may perhaps be getting somewhere? :)

Edited by bendan78
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well done

 

STICK by the rules and they should too.

 

it doesn't matter if 'they' don't repair chromebooks

 

if it gone faulty its THEIR problem to sort out.

 

and ideally within 28days.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

I called Curries who said if it's over 12 months old they don't offer any repairs or help whatsoever!

Standard manufacturer warranty should be two years. Have you tried contacting Samsung?

"Ask not what your country can do for you, ask what you can do for Poundland"

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nothing at all to do with any warranty time limits or any warranty at all.

 

under soga they are required to repair/replace or refund

 

as the retailer thinks fit.

 

any warranty is in ADDITION to your rights under soga.

 

don't get fobbed off.

 

many curry's staff have little or no training in soga.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I called Samsung and they said the warranty was for one year.........I won't be buying Samsung again, It made me realise how little faith they must have in their products!

Edited by bendan78
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nothing at all to do with any warranty time limits or any warranty at all.

 

under soga they are required to repair/replace or refund

 

as the retailer thinks fit.

 

any warranty is in ADDITION to your rights under soga.

 

don't get fobbed off.

 

many curry's staff have little or no training in soga.

 

dx

 

Thanks for the advice, I am due to go in to Curries on Friday, I was given a number for the Curries store staff to call so their head office can explain the situation to them but even so I expect it will be a battle!

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  • 2 weeks later...

update....

.....I'm now very frustrated!

 

 

I went into Currys as I was asked to by the knowhow team,

 

 

when I got to Curry's noone could understand why I had been told to go there......

 

 

Curry's customer service called the number I had been given and

 

 

I was told that I would receive a call and my Chromebook would be picked up as was the case with anything out of warranty....

 

 

I just received a call and was asked

"did I want to pay the fee now" and it was explained that I had to pay £50 to have the chromebook picked up,

 

 

I asked to speak to a Manager and he said the Manager would tell me the same thing,

I told him I would rather hear it from the Manager!

 

Does anyone know what my rights are at this point?

 

 

do I have to pay the £50 to have the chromebook looked at?

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no, it should be repaired under soga.

 

 

they are really really terrible at soga.

 

 

90% of the staff just do not have a clue.

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Just had a call back from a Manager at know how, she said the last person I spoke to was wrong and I didn't need to pay for collection, I need to get an independant report stating what the fault is with a full breakdown of the cost of repair and forward that to them.

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Yep pcworld has two ways of doing it

 

get an independent engineers report and they refund it

 

or pay the £50

and if its a manufacturing fault they then refund it, if not it pays for the collection and re-delivery i would guess

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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  • 1 month later...

Ukanon. You are COMPLETELY wrong

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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that's the funniest quote about them I've heard in years!

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Well my tv has stopped working after three years use. I requested currys inspect it under soga, which they have done and confirmed the fault is a manufacturing one. I have a depreciation refund on its way, as the part is no longer available for my screen. Seems like complying with soga to me dx.the difference is I didn't kick up a big stink on here about it, they do comply in my experience.

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They will only comply if they dont have a way out. If it is obviously a manufacturers fault, then they cant give excuses. have a read of the Pcworld/currys forums and youll see what i mean.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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They would then be lying and would suffer the wrath of the authorities.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Currys work in very close connection with the Sales of Goods Act, and all of their policies have been approved by SOGA

 

Haha, SOGA is an Act, not a person or organisation so it not now pretty obvious that you are talking utter nonsense and that you are more than likely Curry's!

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Does anyone know what my rights are at this point?

do I have to pay the £50 to have the chromebook looked at?

 

Probably a bit late, but maybe will be helpful for someone else. Asking a retailer to agree they are liable for a SOGA repair will only be sensible if you trust the technical skill of their staff and the integrity of that retailer.

 

I think you should go to an independent computer store or engineer instead. Ask them to provide a quote/report - what is wrong, how much to fix it, and whether this is an acceptable or normal failure for a laptop of this age.

 

Send the quote to Curry's head office with a Letter Before Action (look for templates) saying that unless they arrange a free repair you will pay the independent to carry it out and then sue them for all your costs.

 

When done properly, this bypasses all the hassle and disinformation from store staff and achieves a very effective solution.

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With SOGA, you have to allow the retailer to inspect, and follow the repair > replace > refund procedure. If they refuse, then you can go ahead with an independant engineers report, but you have to go through soga first.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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