Jump to content


  • Tweets

  • Posts

    • Thank-you dx, What you have written is certainly helpful to my understanding. The only thing I would say, what I found to be most worrying and led me to start this discussion is, I believe the judge did not merely admonish the defendant in the case in question, but used that point to dismiss the case in the claimants favour. To me, and I don't have your experience or knowledge, that is somewhat troubling. Again, the caveat being that we don't know exactly what went on but I think we can infer the reason for the judgement. Thank-you for your feedback. EDIT: I guess that the case I refer to is only one case and it may never happen again and the strategy not to appeal is still the best strategy even in this event, but I really did find the outcome of that case, not only extremely annoying but also worrying. Let's hope other judges are not quite so narrow minded and don't get fixated on one particular issue as FTMDave alluded to.
    • Indians, traditionally known as avid savers, are now stashing away less money and borrowing more.View the full article
    • the claimant in their WS can refer to whatever previous CC judgements they like, as we do in our WS's, but CC judgements do not set a legal precedence. however, they do often refer to judgements like Bevis, those cases do created a precedence as they were court of appeal rulings. as for if the defendant, prior to the raising of a claim, dobbed themselves in as the driver in writing during any appeal to the PPC, i don't think we've seen one case whereby the claimant referred to such in their WS.. ?? but they certainly typically include said appeal letters in their exhibits. i certainly dont think it's a good idea to 'remind' them of such at the defence stage, even if the defendant did admit such in a written appeal. i would further go as far to say, that could be even more damaging to the whole case than a judge admonishing a defendant for not appealing to the PPC in the 1st place. it sort of blows the defendant out the water before the judge reads anything else. dx  
    • Hi LFI, Your knowledge in this area is greater than I could possibly hope to have and as such I appreciate your feedback. I'm not sure that I agree the reason why a barrister would say that, only to get new customers, I'm sure he must have had professional experience in this area that qualifies him to make that point. 🙂 In your point 1 you mention: 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver. I understand the point you are making but I was referring to when the keeper is also the driver and admits it later and only in this circumstance, but I understand what you are saying. I take on board the issues you raise in point 2. Is it possible that a PPC (claimant) could refer back to the case above as proof that the motorist should have appealed, like they refer back to other cases? Thanks once again for the feedback.
    • Well barristers would say that in the hope that motorists would go to them for advice -obviously paid advice.  The problem with appealing is at least twofold. 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver.  And in a lot of cases the last thing the keeper wants when they are also the driver is that the parking company knows that. It makes it so much easier for them as the majority  of Judges do not accept that the keeper and the driver are the same person for obvious reasons. Often they are not the same person especially when it is a family car where the husband, wife and children are all insured to drive the same car. On top of that  just about every person who has a valid insurance policy is able to drive another person's vehicle. So there are many possibilities and it should be up to the parking company to prove it to some extent.  Most parking company's do not accept appeals under virtually any circumstances. But insist that you carry on and appeal to their so called impartial jury who are often anything but impartial. By turning down that second appeal, many motorists pay up because they don't know enough about PoFA to argue with those decisions which brings us to the second problem. 2] the major parking companies are mostly unscrupulous, lying cheating scrotes. So when you appeal and your reasons look as if they would have merit in Court, they then go about  concocting a Witness Statement to debunk that challenge. We feel that by leaving what we think are the strongest arguments to our Member's Witness Statements, it leaves insufficient time to be thwarted with their lies etc. And when the motorists defence is good enough to win, it should win regardless of when it is first produced.   
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

CurrysPCWorld Refund


ray_uk
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2502 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi last month I was looking to purchase a new computer.

I went to the CurrysPCworld website and found a machine that was suitable.

Trouble was they were out of stock.

Still browsing their website, I discovered they had my machine on their business website, but I had to join as a business retailer.

 

I used my brother Business name.

I joined up.

I then ordered the computer and paid £1.119.58.

 

 

A few days later, I received the computer, and carefully installed it after reading the manual.

 

As I switched it on,

I get an error message saying no signal on the monitor.

I tried everything possible to get it to work.

I even put another working monitor on it with same message.

I even purchased a new DVI lead from Amazon thing it may well be a faulty lead.

This was waste of money and got same message.

 

 

I then contacted Currys PCworld support emails 4 times and all said message was was invalid.

I found another email, and this was delivered.

I then got a reply saying sorry, but need to check my leads and to pause on reboot and tell them errors on the screen. How can I read the details without a display Doughnuts.

 

This went on for a few days, and then I get a message saying I need to get in touch with the Manufacturer FUJITSU.

 

 

I told them I could not contact them as I'm totally deaf.

I then told them to sort it out, and gave them 7 days to respond.

 

No contact, so I asked them for a full refund and they can pick it up.

We exchanged emails and it was obvious they will not be refunding me.

I then got a message to say an engineer from PCworld will be coming to change the video card.

 

I've refused this, and rejected the offer and just want a refund.

I need a computer urgent and had to get a bank load to buy another.

 

 

PC world say its a manufacturer and not there's

 

 

Please can anybody give me some advice bearing in mind its a business Account Purchase

 

Thanks

Ray

Edited by dx100uk
Link to post
Share on other sites

Curries are telling porkies. It's nothing to do with the manufacturer. It is their duty as the supplier.

 

However, by making the contract as a business, you have deprive yourself of some valuable consumer rights which would have sorted this out very quickly.

 

How long ago did you buy it and when was it delivered?

Link to post
Share on other sites

I purchased the computer on the 12th May 2017. It was delivered 16th May. Because of the fault with no signal on the monitor, a moron emailed me and ased me to write down the errors on boot up. This must be a sales person jerk. How can I read boot up if I haven't got a signal. It was on the 17th May I tried contacting with support email that was sent 4 times. Eventually I got a reply back. I opened up a complaints which ended today. I now got 20 day before I can contact the chief. I needed a computer urgent for my sons exams and had to take out a bank loan of £1000 with interest and purchased a new computer. Now they wan to send somebody from Fujitsu to replace the graphic card. How do they know its the graphic card, it could be any fault. Just got a guts full now. I did not know business accounts are different. surly they must refund me now.

Thanks

Link to post
Share on other sites

As a business purchaser, your rights to buy a quality product and to have it providing satisfactory service for a reasonable period of time are pretty well the same as those of the consumer. The problem is that in a consumer contract, you have clear remedies whereas in a business contract, they are not so well defined.

 

I'm afraid that there has always been a difference between business contracts and consumer contracts because the assumption has been that businesses have equal bargaining power and are therefore able to negotiate their own terms of any contract without needing any help from the legislature.

 

Clearly this is a load of nonsense when it comes to small and medium traders. It is only huge companies with huge orders that would be able to negotiate with Currys and to lay down the law to them.

 

I'm afraid that what we are hearing here is rather typical of Currys. They don't seem to be very good customer service and even in respect of consumers, they often tend to deny them their rights. Dealing with businesses I can imagine that things can get very difficult.

 

I think you're absolutely right to insist on a replacement – or in fact a refund. However, I don't think you will be able to enforce it without the threat of legal action and in fact you may need to issue the court papers.

 

I think the you should not allow Currys or their engineers any access to the computer. You will only end up in a long drawn out procedure that could go on for months. I think you need to start drawing a line under it. Let me warn you now that whatever you do – and even if you are a consumer, you would be unlikely to get Currys to give you a working computer within the limited time for your son's exams – assuming that they are this year.

 

Assuming you are prepared to take legal action then I would suggest that you write to Currys immediately and tell them that enough is enough. You have had a computer from them for about a month which has never worked and so they are in fundamental breach of their contract. Tell them that you want an immediate refund and that if you do not get it within 14 days that you will start a small claims court action without any further notice.

 

At the end of 14 days, begin the action. Don't bluff. If you think you can get by by bluffing then forget it. It doesn't work and you lose credibility.

 

The second problem with having started a business contract is that you will have to sue them as a business. There is also a risk here that the case may eventually be transferred to the Currys head office local court. I don't know where you live but this is probably very inconvenient for you and could result in a lot of travelling. Had you been suing them as a consumer, then the rules are that where the individual sues a business, that the case will be heard in the court local to the individual. I'm afraid that you have lost this privilege. Had you bought the computer from your local branch of Currys, then you would have had a good basis for saying that the case should be heard in that local court. As you have bought the computer online, I'm afraid that it is likely that you will have to sue Currys through the registered address and that may be far from you but that is where the case would be heard. You can certainly ask a judge to transfer the case to your local court but I would imagine that Currys will realise the difficulty that you are in and they will exploit it and attempt to insist that the case is heard far away from you.

 

However, I don't think you have any choice. If you win the case – and the chances of your success are much better than 95%, then you will recover all of your court fees and also all of your reasonable costs of travel. However, it will still be a nuisance.

 

I'm afraid that despite the difficulties, the only way to deal with this is to sue Currys – and also resolve never to represent yourself as a business again when you are purchasing items as a private individual.

Link to post
Share on other sites

Hi

Many thanks for your reply. As I said I was looking for a computer online and saw the computer I wanted. The computer was out of stock, and did not know when its available. On the website, I saw the business account and had a browse. On here they had my computer for sale and £75 cheaper than retail. Before I could purchase it, I needed an account. So I joined up and just made up a business name and was accepted. I could now purchase the machine and paid by credit card. I contacted my credit card supplier, and asked for chargeback. This is still progressing but I don't hold much hope to get refunded. To me ive been cheated out of over a Grand. I had to take out a bank load of £1000.00 with interest. to buy another computer urgent. Is it possible if you could make me a letter to send to currys as I'm hopeless doing this. Again thanks for the brilliant replies.

Ray

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...