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flyboy80

Currys Proof of Purchase Needed

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thank god for that one.. no more capita in the call center will make my life a load easyer


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  • 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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Hi Guys,

 

Don't believe it !! Got a letter today, after sending in the engineers report,

and they state that the report does not contain sufficient information for them to consider my claim.

 

Although it contains majority of the information they require, it does not state whether the issue is down to a manufactuer's defect, general wear and tear, or a component failure.

In this case they are unable to carry my claim further !!

 

What the....?? The report has cost me £50 already, it stated the breakdown of costs to repair, what needed replacing etc. Is there a legal step that I can pursue or is that the end of it ?

I did everything they ask me to do - I really don't understand as when I called them earlier on this week to see if they had recieved my letter, the guy stated that I should get some vouchers against this as they had many complaints against the unit they I had. It was a common thing.

 

Now it looks like I will get nothing 3 months later, and they want me to fork out another £? for a new TV set?


01.08.06 - RBOS - S.A.R - (Subject Access Request) request

 

01.08.06 - Alliance @ Leicester Credit Card - S.A.R sent

03.09.06 - £495 owed - Alliance and Leicester sent cheque for £130 - Accepted as partial payment

03.09.06 Alliance & Leicester - LBA letter sent to recover remainder

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Well the whole point of getting an engineers report, is that it states that the TV was inherently faulty. If the report doesn't contain that conclusion then they are not liable under the SOGA and there is nothing for you to claim on.

 

After 6 months from purchase the onus is on you to prove that an item is faulty though no fault of your own.

 

If they have actualy stated that they've had a number of units returned with the same issue, did you happen to record the call, as this would be proof enough.

 

The only thing I would suggest is possibly going back to the engineer and telling him is report was inconclusive could he be more specific as to wether the fault was neglect, accident, wair and tear, or inherent fault.


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Hi Guys,

 

Sent a newly accquired report from the engineer stating everything that they want. I hope to hear back from them soon, and I will let you know my progress.

 

 

Kind Regards

 

Flyboy80


01.08.06 - RBOS - S.A.R - (Subject Access Request) request

 

01.08.06 - Alliance @ Leicester Credit Card - S.A.R sent

03.09.06 - £495 owed - Alliance and Leicester sent cheque for £130 - Accepted as partial payment

03.09.06 Alliance & Leicester - LBA letter sent to recover remainder

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Hi Guys,

 

ACCESS DENIED !!!!

 

The lovely people got the new report - and guess what they now say that the report does not confirm whether the component failure is due to manufacturer defect, wear and tear, or whatever... went back to the engineer, he says that he cannot determine what caused the component to fail as it could be to a number of factors, one being old age, use or other. His opinion is that Currys were just stalling all along as they knew that it would be impossible to determine this issue.

 

If he put down wear and tear then they would simply throw my case out anyway. What the hell do I do here? - After jumping through many hoops back and forth I feel very jaded.

 

Does anyone have any ideas or is this it ??


01.08.06 - RBOS - S.A.R - (Subject Access Request) request

 

01.08.06 - Alliance @ Leicester Credit Card - S.A.R sent

03.09.06 - £495 owed - Alliance and Leicester sent cheque for £130 - Accepted as partial payment

03.09.06 Alliance & Leicester - LBA letter sent to recover remainder

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In my opinion what you want is for him to say Wear and Tear.

 

if so then I would say that you have a case, as you would expect that a 1800 telly should last you more than 4.5 years and they used inferior components in the manufacture.

 

If he says it failed because of some other cause then they could say TOUGH it was power surge/ kiddy pushing pen in slot or whatever cause attributed to it and therefore not their problem.

 

to my mind Wear and Tear is the only outcome that may give you some return.


Opinions are offered in good faith based upon personal experience and research. Before making any irreversible decisions the opinion of a qualified, registered and insured legal professional should be sought.

 

If my advice or information has assisted you in any way - please click my scales.

 

thanks

 

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To be honest the engineer that I used advised that in his opinion, each case that he had come across where he had specified wear and tear, had not succeeded because of this ambiguity of how one determined how long something was designed or engineered for. He thought that the 12 months manufacturer's and 1 day was sufficient for an £1800 set to last though, or as long as it's guarantee !!! - Then again he does repair them for a living and without these issues he would be out of work !!

 

I did point out my opinion of a £1800.00 set having the capacity to last longer, but he replied that it was an unbranded model with parts used from various places.

The old argument of if I bought a brand new merc for £100K, and after 4 years of use, I could not seriously expect the garage to honour or make good any issues that could arise from wear and tear!!

But my TV was on the wall fixed and installed by Currys, never moved etc. so in my defence what possible thing could I have done that would have damaged it?


01.08.06 - RBOS - S.A.R - (Subject Access Request) request

 

01.08.06 - Alliance @ Leicester Credit Card - S.A.R sent

03.09.06 - £495 owed - Alliance and Leicester sent cheque for £130 - Accepted as partial payment

03.09.06 Alliance & Leicester - LBA letter sent to recover remainder

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Hi Guys,

 

I am looking to send the following letter, will this be ok?

 

Further to your letter dated XXX, I submit a comprehensive engineers report for your attention that states your requirements and conditions for submission.

The engineer’s report states component failure due to wear and tear.

Under the Sale of Goods Act 1979 (as amended) I have a contract with yourselves.

The Sale of Goods Act 1979 (as amended) states in section 14 paragraph 2B:

 

For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods

(a) fitness for all the purposes for which goods of the kind in question are commonly supplied,

(b) appearance and finish,

(c) freedom from minor defects,

(d) safety, and

(e) durability.

I am claiming with respect to (e) Durability.

The action I would like you to take is simply to repair the TV to its former working self at no charge to myself.

I am quite happy for your engineers to take the TV away to be repaired.

In the event that the TV cannot be repaired, I would expect a suitable replacement, taking into account the price and features of the TV.

I look forward to hearing from you shortly.

What do you think?

 

Regards

 

Flyboy80

Edited by flyboy80
Font and extra characters included

01.08.06 - RBOS - S.A.R - (Subject Access Request) request

 

01.08.06 - Alliance @ Leicester Credit Card - S.A.R sent

03.09.06 - £495 owed - Alliance and Leicester sent cheque for £130 - Accepted as partial payment

03.09.06 Alliance & Leicester - LBA letter sent to recover remainder

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Any response on the letter guys?


01.08.06 - RBOS - S.A.R - (Subject Access Request) request

 

01.08.06 - Alliance @ Leicester Credit Card - S.A.R sent

03.09.06 - £495 owed - Alliance and Leicester sent cheque for £130 - Accepted as partial payment

03.09.06 Alliance & Leicester - LBA letter sent to recover remainder

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Add in 24(2)© as well - freedom from minor defects. Otherwise looks OK.


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Hi Guys,

 

Update for you.... after much stallling and no response I phoned Currys to be informed that they have rejected the claim because it was not a manufacturers fault but down to general wear and tear as stated in my report !!! - What a waste of effort.... it seems that these guys will not pay for anything .... will never buy anything again from these guys.


01.08.06 - RBOS - S.A.R - (Subject Access Request) request

 

01.08.06 - Alliance @ Leicester Credit Card - S.A.R sent

03.09.06 - £495 owed - Alliance and Leicester sent cheque for £130 - Accepted as partial payment

03.09.06 Alliance & Leicester - LBA letter sent to recover remainder

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In that case claim under s. 14 as it does not appear to be of satisfactory durability. I love it when companies say "wear and tear", they're practically doing the work for you! I would commence court action if it were me.


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Hi Gyzmo,

 

To commence such action with these guys may prove to be futile, as I have not seen any sucesses on this forum to indicate otherwise.

Generally they seem to have issued something in return. On my ocassion they want to test resolve and will power.

I guess they are used to doing that. Besides I would not know how best to proceed on this.


01.08.06 - RBOS - S.A.R - (Subject Access Request) request

 

01.08.06 - Alliance @ Leicester Credit Card - S.A.R sent

03.09.06 - £495 owed - Alliance and Leicester sent cheque for £130 - Accepted as partial payment

03.09.06 Alliance & Leicester - LBA letter sent to recover remainder

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