Hi,

I need a bit of advise in regards to what should I argue against PC World (DSG Retail Limited) if I go in court.

A short description of the event:

I bought a Samsung Series 8 TV in 2016 for £1499.99 + Knowhow care plan for 5 years

later with in a week the price dropped by to £1399.99

went to the store told this to a manager and he happily refunded the difference and also informed me that there a FREE BR Player in offer with this TV which he given me along with refund.

Now back to 2018 in Jul 18 my TV had some fault

sent for repair under Knowhow care plan which came back repaired within a week

now had few more faults sent back again to Knowhow in first week of Aug 18.

This time I got back my TV within 7 days but still had few more faults

booked in again

this time few days after collecting I have been asked to contact customer care which I did and they informed me that an accessory (One Box) is lost in transit by courier agent.

Now after investigating for few days they offered to replace my TV under 3 repairs in short period of time & not returned to customer with in 7 days clause.

On 11/08/18 I received my Voucher code

after calling customer care they were unable to tell me the amount on voucher due to some system error.

I immediately rushed to the store at around 10:30 AM and gave the provided code to the staff.

They confirmed that the amount on vouches is around £680 including the pro rata charge for care plan balance of £126 as this I already paid in advance.

They also confirmed that the best match to my old TV is Samsung Q7 series but as the price of the TV at that time was £1799 they will try and sort this out for me.

Then the run around started until 16:30

the store staff came to me and informed as the price of the new TV is too high

they can only do Samsung Q6 series which I didn't want as this was not a match specification of my old TV.

After lots of argument and discussion and the misinformation provided regarding Q6 which was also false advertised on their website

I was so frustrated as I was in the store since 10:30 AM and till 17:30 believing on the specification and confirmation provided by staff that this TV did match and have higher specification than my old TV

I agreed to take this and they also informed me that if this TV is not good enough I can return with in 28 days anyway.

Now comes the paying part

They said that they can only refund the amount 0f around £1264.99 including care plan prorate charge of £126

this is after deducting the price of FREE BR player of £259.99

I argued it was free but they keep arguing that it was a bundle when clearly it was not as per the advert on their website which I discovered later and got proof of it to produce in court if needed.

At the end they agreed if I take Q6 they will put the money towards it

I agreed

we proceeded to pay.

Now the store staff came back to me again and asked me if I have got money in my account and asked for my card

this I really got a shock (which can be seen in their CCTV if they bring in court)

he said nothing to worry about they will take the payment and immediately return to my account as credit.

As he confirmed to return the money I given him my card and he took £250 from my account but only returned £150

upon asking he said that they will only put around £40 towards new TV rest I need to put but i this was never informed to me at any point.

They also informed me that I can contact Knowhow customer care to refund the money of the BR Player.

Now after this all saga started since morning I was in store for nearly 8 hours without any breakfast or lunch and so frustrated I decided to leave now with the TV and contact customer care later to sort this out.

I found that the TV is falsely advertised on their website, the specifications are wrong .

whenever I contact customer care they ask me to go to store to sort out

in store they ask to contact customer care and they also refused me to return the TV even on the next day of purchase.

I wrote e letter to the store and their legal team which they never replied to.

later send a letter before court action to both again but they never replied.

As there was no reply from any of them even after 14 days on 02/10/18 I have now raised a online claim against Currys Store and DSG Retail Limited for which still have not received any defence letter from Currys only received a letter from their legal team stating that I cannot include Currys store as this is part of DSG retail and that upon checking they confirmed that the care plan was in my wife's name so I can't take them to court.

I replied them on 22/10/18 I included both store and DSG as when ever I been to store I have been asked to contact Knowhow customer care and upon contacting then they keep referring me back to store.

In reply to me putting claim against them I have already posted them a letter of authorisation from my wife on 10/09/18 with the letter before court action a copy also included in current reply.

now can you please advise my possibility winning this case and what should I add to strengthen my case.

Please also advise how I can add attachments to my post so I can attach all the documents sent.

Many thanks in advance.

Vicky R

if you read UPLOAD

it tells you how.

might be best to redact everything first then convert it all to ONE multipage PDF please

your story was a wee bit difficult to understand, as it was mostly one large block of text

but I've added some paragraphs and line spacing for you and corrected a few grammar errors which did not make sense.

I think you have a good case.

could you also type out what you put in your particulars of claim please

Been there myself.

Your contract is with the store and you have done the right thing informing the head office of the impending court case.

All you have to do now is simplify your story in very few bullet points and explain to the judge what happened.

If it gets to court.

In my case they refunded the day before court along with court fees.

I have now attached the documents I have sent to DSG Retail and Currys PC World store.

Regards

Vicky R

Curry all docs merge edited.pdf

Hi CAGs,

I received a reply from DSG Retail today for my letter sent on 22/10/18.

I have attached the letter from today and the copy of the wife's authorisation letter.

Please advise if this I have the right to appear in court with this letter and represent this case if needed. We are legally married and got the same surname.

Thanks in advance.

Regards

Vicky R

Letter of autorisation & Currys letter.pdf

Hi Caggers,

Any advise what to do as the date to submit defence by DSG Retail is coming to end this weekend but didn't had any response yet other than the letter from Legal team attached in my previous post.

Court received acknowledgement by DSG on 04/10/18 and they disputed whole amount.

What should I do once the date gone past?

Regards

Vicky R

Request judgment

Hi @Andyorch,

Thank you for your quick reply.

So just to be clear, I submitted claim on 02/10/18 and then on 04/10/18 DSG Retail submitted acknowledgement and then on 08/10/18 Currys PCWorld (Store) submitted acknowledgement.

Can you please advise on which date should I request judgment?

Regards

Vicky R

when they filed AOS is immaterial as long as they did it within 19 days of the date you filed the claim.

that gives them a total of 33 days to file a defence.

the date on the claimform being 1 in the count

Thank you @dx100uk for clarifying.

Than the date on claim form will be 02/10/18 I guess as I submitted claim on 01/10/18 and received an email of claim acceptance on 02/10/18 and this makes earliest date to request judgment is 03/11/18, please correct me if I'm wrong.

I'll really appreciate if you can check my attachment and advise how strong is my case if it go in front of a judge.

Thanks in advance.

Regards

Vicky R

Well its 28 days tomorrow...but they have an extra 3 for deemed service...so safe to request judgment say next Monday.

But ......because they acknowledged service you will not be able to request a default judgment using MCOL...but request it manually using form N225.

Please be aware that doing this will prevent you from taking any further action on the claim online. Forms N225 isavailable to download from http://www.justice.gov.uk/forms.

Thank you @Andyorch for the info.

Can you please advise what can be done to continue this claim online without using Form N225?

Regards

Vicky R

Well there is nothing further you can use MCOL for as the next stage assuming they file a defence is allocation...when its then transferred to your local county court.

Because they acknowledged service...there is nothing further you can gain from MCOL..IE you cant request default judgment

Thanks again @Andyorch for clarifying this.

Just to make it bit clear, there is a button in MCOL's website below the claim says 'Request judgement' so if I click that then nothing will happen?

Regards

Yes you would use that if they had failed to acknowledge service and you wanted a default judgment...you cant request a default judgment ...hence you use the N225 form to request it manually

I've tidied your thread for you too.

dx

They seem to think that you have no authorisation from your wife to act on her behalf and I agree, it's not clear.

The authorisation should go along these lines:

Claim n. Xxx

Defendant: xxx

I, Mrs xxx authorise my husband, Mr yyy, to act on my behalf for the above claim, fully and unreservedly.

I also authorise Mr yyy to be the receiver of any compensation, refund or any other monetary and /or physical awards.

Regards

Mrs xxx

Send a copy to defendant and a copy to the court.

Defendant will probably argue that they would need more time to file a full and different defence considering that this clear authorisation should have been sent along with the lba.

Hi @Andyorch , dx100uk & @king12345

Thank you for your replies and tidying up this thread.

I think I will wait till 03/11 to see if submit their defence and then request judgement. In future if they argue regarding me dealing this case for my wife then I will again counter claim that then why they allowed me to sign the agreement documents for my wife (I signed her name on new care plan agreement for replacement TV which will be in CCTV footage as she was not there with me at that time) when we bought this TV in the store.

That will then go against them as they allowed/ asked me to do so.

Regards

Vicky R

Hi All,

Can you please advise what is the meaning of lines highlighted in the attached.

Thanks in advance.

Regards

Vicky R

Simple answer is that they are hiding under the corporate veil and you are now dealing with 2 defendants ...DSG and PC World are one and the same.

I see you have read the following thread and yet you are not aware of their practices...

https://www.consumeractiongroup.co.uk/forum/showthread.php?486034-whatever-happens-knowhow-cover/page5

Good morning @Andyorch

Thank you for the clarification.

They can hide where ever they want I'm now not bothered about the time and more money if I need to put in this case, this more about my principals and some what EGO. They just can't do what ever they want and get away with it.

To be honest I want them to delay this as much as they can then in few month the replacement TV I wanted will be out of shelf and then the newer model will be expensive and then they have to provide me the newer model which bring them more loss as in my claim I clearly asked them to exchange the TV not a refund of the price difference.

I'm also ok to go and pay for as much hearings required.

Will update once I received their defence.

Regards

Vicky R

Hi friends,

Can you please read the defence I received from Currys today and advise.

Regards

Vicky R

Currys Defence amended.pdf

Upload unapproved as name still showing at point 8

Hi @Andyorch,

Sorry I missed that one and now amended, please approve and do advise what you think.

I'll try to prepare my reply this weekend and upload once completed for you all to check and correct where needed.

I'll use the same as you advised @iceman.

All, please do advise what do you think after reading DSG's defence.

Regards

Vicky R

Currys Defence amended.pdf

Hi all,

I have now received my DQ forms and the last submission date is 19/11/2018.

I definitely don't want Mediation service so that is a NO. Now do I need to discuss this with Currys before I post DQ back to court or can just send a copy of the filled form.

Secondly, can I send a new Authorisation letter from my wife and my reply to Currys defence with this DQ form or do I need to send it when a court is allocated.

Regards

Vicky R