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    • Sorry, I may have forgot to get back on this. Please monitor for a reply tomorrow
    • Yes, now its just about getting the WS / Court bundle finalised to send to the court / Evri. I've attached the most recent version of the WS / Court bundle to save having to scroll back up to the previous post (#204) where it was also shared. If you, @BankFodder or anyone else has any feedback on this, i'd be grateful for your thoughts. In my previous post #204, i'd also attached an invoice from Packlink which shows that I was charged by Packlink for these services: "drop-off at Her mes - Next day delivery" and "Proof of Delivery". It also has the payer's address and there are "Origin" and "Destination" fields which have the postcode of the sender [origin] and the recipient [destination] - I have redacted personal details in the attached invoice.  I am already including this in my evidence bundle (without the redaction) but wanted to share this redacted version so that other people can consider this as example in their bundle of Packlink and Evri's contract being instigated by the sender of the parcel who has paid for the service, and further shows that there is information in the invoice to identify that a third party beneficiary (the sender / recipient) is involved in this transaction. I have also attached this redacted invoice in this post to save having to scroll back up. Happy to get any thoughts and if this invoice is no good, then please let me know.   Draft - Witness Statement and Court Bundle redacted.pdf Packlink invoice - REDACTED.pdf
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LCD TV faulty- Does this qualify to file in County Court against Currys


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Hello All,

 

I am new member and after through frustration and attempts to resolve the matter, i landed in this forum to seek expert advise before filing in county court. There was enough correspondence between Currys and myself before to this final below email to CEO of Currys. I request patience of some one if they could find time to go through being lengthy matter.

-------------------------------------------------------------------------------------------------------------------------------

'[email protected]'

Dear John

 

Its with much displeasure I write this email to bring it toyour attention that I have exhausted with the Currys complaints procedure,obtained consumer direct complaint reference, and before last option of filinga case in county court under Sale of Goods Act 1979 , I hoped if I can get yourattention on my complaint. I am a director for a distribution company and Itruly believe Currys can do much better than what has been done in my case.

 

For your attention, the complaint is as follows.

 

1. Within the manufacturer's warranty the TV generatedtechnical fault. We nearly had this problem from end of October 2011,the problem increased and by first week of Nov 2011 we tried to contact Currysfault reporting number - but found always busy or disconnected. Finally on 9thNov 2011 we persistently tried and got lucky and reported the fault.

 

2. The TV was picked up on 14th November 2011and been advised to us that it will take UPTO a week to get it back repaired.

 

3.There was no prior intimation of exact delivery schedule,but I guessed it could be atleast last day ( of 7 days return period )and tooka day off from work on Monday 21st Nov 2011, to receive therepaired TV delivery. To my surprise, I had been to wash room and on my returnI had a voice message by around 1.30pm on 21st Nov 2011 on mylandline phone, that there was a delivery attempted and going back. Uponhearing this message within 5 minutes from the time I heard the message, Imanaged to call the number 0844616263 which was left in the message to callback. I explained to Knowhow Customer service representative that, I am homeand I just missed this call because I was alone and been to washroomincidentally, and requested the delivery to be sent back as the driver may notbe more than 5 minutes away from our home. The representative put me on holdand after few minutes mentioned to me that the driver should come back orsomeone will call me, so i waited untill next day.

 

4.As I haven't heard any update from Khowhow, I hoped thedelivery may come back next day which is 22nd Nov 2011and took asecond day off from work, as the TV was important for my family more than thewages I may have to lose for taking the second day off, but by afternoon when Icalled again the same number , I realised that I should expect the TV after aweek which is by next Sunday, 28th Nov 2011. I was a bit surprised with thefact that the TV was already repaired and re- delivery of TV shouldnot take a week. I explained to the representative that I am with 3 kids andengaging them without a TV for 2 weeks since it was picked up would be a realnightmare. But Knowhow did not consider this request and stick to their offeredschedule. For your information, Instead of buying online, I have bought thesaid TV from Currys, because it was reliable and just few hundred metres awayfrom us and hoping if any problem arises I can seek help straight away goingback to store, was my assumption which i now realise.

 

5. On 22nd Nov 2011, I contacted by phone andsent an email to Knowhow- a reply has been received saying that I have to waitfor coming Sunday 27th Nov 2011. At this stage I also offered ifI can pick it up, if they are unable to deliver any earlier, but they said theycannot arrange that way either.

 

6. On The Sunday, 27th Nov 2011, we had plansto take kids out has been dropped, as we were awaiting TV delivery. The drivercalled at 9.32am to inform us that we should expect him by 10.00am. Its tooshort a notice to give, but however we were home and received the TV. Toeveryone surprise, the LCD TV Screen was cracked wide across the TV in 2different places. The driver himself was surprised as he opened the bubble wrapand it was beyond doubt that it needs replacement not repair and has been takenback. The Driver ( Mr. Collin dont know his surname) advised us to go to Currysand give the cases reference as he updated on his handheld device. I have takenpictures of the damage and he has taken back.

 

7. On the same day 27th Nov 2011, I have beento Currys, Alperton and updated to Customer Service Representative Ms. Samreen.She tried to contact service team, but none of the lines were going through,and it was more than 20 minutes she was continuously trying to reach differentnumber given to her by the line manager, but in Vain. I indicated to her atthis stage that, if she herself cannot get through the phone lines within theircompanies departments, how can it be expected for the consumers to reportfaults or get in touch with the service team without frustration.

 

8. Finally she managed to contact Ms. Antonia and shegot the answer that they cannot replace the TV, but will have to be booked forrepair and can only expect to receive back after one week which was Sunday, 4th Dec 2011. I could not take this as an answerand managed to speak directly to Ms. Antonia of Knowhow. I explained that Ihave 3 kids home and its already 2 weeks without TV and I am facing real hell,as my baby of 3 yrs need that routine CBBC and other programs and its hard toexplain that I cannot get her a TV and my older 2 boys been on my nerve to geta new TV as they are unable to play their video games which is an addiction asyou would understand with the kids of this generation. I also sent an emailexplaining them the situation and also informed that my elder sons Birthday ison 3rd Dec 2011 and he already bought latest video Games and invited friends toplay on his Birthday. This was planned in advance, but we ended up without TV.I requested repeatedly, but went into deaf ears. Instead I have been advisedthat if I had "Warranty for what soever" I would have got thereplacement , instead of a wait. When I explained that I am not expected tohave a warranty for the damages while in Transit or at the service centre,instead" Damaged caused while Goods in Transit" should be theinsurance policy they should look at to get underwritten, which they said theycannot consider that.

 

9. I updated my complaint to Consumer Direct , copied toCurrys and Knowhow, and updated them with what I am seeking, includingcompensation and a replacement TV. To this I received a email which was not tomy satisfaction and there was no change in the schedule, but have to waituntill 4th December 2011. At this stage I could understand It wasjust a matter of showing up arrogance being a big company and customer servicewas not paramount- and does not care about Currys customers priorities.

 

10. Well, consumer direct sent me the routine help whichdoes not matter to "big boys". Finally on 4th December,without time slot given to us , the delivery came in and to everyones surprise,they sent the same TV repaired but the Screen is cracked again for the secondtime, wide across in 2 places. This time I did not get furious as "it wasa joke". They have taken the broken TV back for the second time and thedriver updated on their handheld device. I have taken the video and photos ofthe situation.

 

11. I have updated Knowhow team on 4th Dec 2011by an email and no news since then on our TV.

 

12. I hoped being Sunday today again( 9th Dec 2011)a week after the last attempt, I hoped we may receive delivery today , butregret nothing came in.

 

 

My expectation of satisfactory response from Currys tomy complaint would be as follows.

 

A. Being LCD TV got damaged severely couple of times andbeen through the stress of transport, I believe it was beyond repair, otherwiseit will compromise the functionality, performance and further life of the TVwhich is being less than an year, hence replacement is the only option. Andfurther as this TV has been sold as bundle along with other accessories/equipments, I am expecting the same model new TV to be replaced or the wholebundle need replacement, as it will be an issue of compatibility, performanceand appearance.

 

B. Our family is left without TV for nearing a month henceexpecting £100/- day for all the days we are without TV. This has beenindicated in the very first email when the unreasonable delay started for whichI have been offered maximum £50 voucher as compensation which is not accepted.I have lost 4 consecutive Sunday's staying home in anticipation of delivery. Icould not take my kids out and kids are without TV. I hope my frustration andagony could be understood.

 

C. Further, because the delivery schedule was not booked inadvance with us, I have lost 2 days wages which is £250/day gross. I need to bereimbursed. If I would have been given prior intimation of delivery time slot,I would have made myself available and I would have avoided all this hassle inthe first place.

 

D. I want an explanation, if someone in Currys care, whycannot my family been given a TV the sooner the problem started. Myunderstanding is, these TV's are not customised to order, but available fromstock and why is it taking so long to replace a TV ?. Do you have so manyreturns that your infrastructure is unable to support better delivery scheduleon repairs?

 

I strongly believe by end of the day Monday , 12th Dec 2011,I shall take a decision to buy a new TV and register my complaint on the abovematter in the County Court, I don't think I have any better options left and Ibelieve I have been reasonable throughout and given enough notices by now.

 

Please care for your customers repeat business, everycustomer makes a difference to the business, no company is too big to fall flaton its face in this economic climate, is my suggestion if you care.

 

Bestregards

----------------------------------------------------------------------------------------------------------------

 

Please if someone could educate me if my expectation of getting my TV back, which is now at a loss of 1 months viewing for my family, should I comprimise any further or have I got a reasonable case to file in the county court. Any comments and suggestions would be much appreciated.

 

Best regards.

London.

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Do us a favour if you want some advice.

 

Please could you give us the story succinctly.

Ta

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Hi Bankfodder

 

Thanks for the reply and I knew members may get annoyed looking at the lengthy email. My intention was to put together the picture instead of forwarding the information in packets.

 

The gist is my 50" Samsung LCD TV encountered a technical issue and been sent to repair within 12months of warranty on 14th Nov 2011. They have attempted to deliver TV with broken screen twice by now "Damaged in Transit" - taken back and not replaced till date. I have exhausted complaining and wondering if I have a reasonable case to file in the county court and what are my rights to claim compensation against loss of viewing time, being with out TV nearing a month.

 

Regards

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we have had good results with the CEO emails.

 

i think you will find you get a result soon.

 

oh and the WARRANTY has NOTHING to do with it.

 

SOGA is your friend. end of!

http://www.oft.gov.uk/business-advice/treating-customers-fairly/sogahome/sogaataglance

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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Thank you and shall wait for CEO's reply, as you believe.

 

Did I read it wrong, or are you expecting £100 per day you've been without the TV?!

By day, computer and mobile phone technical support... by night home mechanic and Rover / MG enthusiast!

 

Cars: 1998 Rover 620ti

Computers: HP nc8430 Business Notebook, Apple iPhone 3GS 16GB

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your right, it is a joke, and it should be replaced and with a token gesture - but 100 a day? be real. don't be so ridiculous. it was your choice to take the 2nd day off work and you yourself said a tv is more important than money. ridiculous, absolutely ridiculous. it just shows the state of this country that people cant cope without a tv.

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Dixons retail PLC aka Currys / PCworld....

 

A company you deal with at your peril. Your product is only as good as the service that comes with it and This company doesn't do service.

 

Send Letter before Action: Request a refund / replacement / repair within seven days otherwise you reserve the right to initiate a claim through the courts under SOGA.

 

 

Next time, buy from a reputable company like Amazon. They would never do this to you because they value repeat business. Cowboy companies are always interested in your money first and this is the result!

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yea amazon are brilliant. not. ever had something not turn up? had to e mail them 3 times and phone them twice looking for a refund? i have. so dont spout that rubbish. all companies have their flaws.

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yea amazon are brilliant. not. ever had something not turn up? had to e mail them 3 times and phone them twice looking for a refund? i have. so dont spout that rubbish. all companies have their flaws.

 

Agreed.

 

Although some companies have considerably more flaws than others and as someone who orders alot of Amazon, I have had my fair share of issues. Each time though, they have been rectified as quickly as reasonably possible and almost always with a genuine apology and vouchers off.

 

The key word here is reasonable.

 

Dixons / currys / pcworld's failings are UNREASONABLE!

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plus under soga a tv is a luxury item if it was as fridge or washer id see your point on compensation plus they have to sort it fast

 

they dont even do it on those items:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?328659-Comet-Prestige-PRT-325-FFCS-fridge-freezer-broken-after-15-months&highlight=prestige

 

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

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