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reallymadwoman

Poor training or idiocy? ** Resolved **

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I have just been told by Customer Services at Currys that they cannot discuss my claim with me, only my solicitor.

 

 

Further, even though they admit that they have breached our contract and been negligent,

they don't have to pay me anything in compensation.

 

 

Apparently you only get damages in court if you're injured.

 

 

After I informed them that I was recording the call,

I have the poor girl saying that of course if she's wrong Currys will pay all my costs, including the solicitor.

 

So for the sake of a claim for a few hundred pounds,

Currys are willing to risk at least that much in costs?

 

 

As the title says, their customer service staff either need some urgent training or Currys are idiots.

 

It is so tempting to take them at their word ....

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I would say both. You are the 'claimant' therefore they are allowed to speak with you. What would they do if the customer didn't have a solicitor? Refuse to discuss the issue.

 

Muppets!

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What would they do if the customer didn't have a solicitor? Refuse to discuss the issue.

 

Muppets!

 

This is exactly what they are doing! They won't discuss the claim with me, on the phone or in writing, so either I take them at their word and instruct a solicitor or I issue proceedings and see if they'll talk to me then!

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It seems Currys aren't going to respond and I may have to actually issue proceedings. Claim is for loss of earnings/plumbers costs due to 3 failed deliveries (confirmed via text and email, then didn't turn up) topped off by delivery of a washing machine that had been dropped from such a height that all the transport bolts had sheered. Took nearly an hour on the phone after that one to convince them that they were responsible for replacing it, not the manufacturer. They originally offered me £100 which I was willing to take just to get it over with, but then they didn't pay so I withdrew my acceptance and sent them a detailed claim for just over £300.

 

CAB say I can claim for loss of earnings, particularly since they messed up so many times, Currys maintain I can't and now they're ignoring me. It just seems such a waste of everyone's time and money to have to issue - I have much better things to do with my time. Oh well, MCOL here we come. Rant over.

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ooer this comes as a little bit late but I would of advised you to send a LETTER BEFORE ACTION to the CEOS office giving them 14 days to respond.....

No more phone conversations with curries, do everything in writing and keep proof of postage

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Did everything in writing, letter, letter before action, final warning, got me nowhere. Their legal department will only speak to solicitors (phone or in writing) and customer services can't do anything. I have done everything possible to avoid taking this to court. I don't want to go anywhere near a court if there is any way I can avoid it. It's a shame Currys don't feel the same.

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Can anyone direct me to relevant case law regarding claiming 'consequential losses' (loss of earnings/annual leave etc) following breach of contract or negligence?

CAB say I can claim loss of earnings due to repeated delivery failures, Currys (quite naturally) say I can't.

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I need to pay the hearing fee for this claim by Saturday but have been totally unable to find out how - nothing on the papers from the court, can't get through on the phone and it's a £60 return taxi fare to go in person. Any suggestions? If I post a cheque, will they accept it as having been paid in time?

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For anyone reading the previous post, I sent a cheque and it was accepted.

 

The hearing is now just over a week away. I believe I need to submit my schedule of costs at least 24 hours before the hearing to all parties. Anyone know what it's supposed to look like?

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A brief history of the issue:-

 

Booked delivery and installation of a washing machine on 10th June. Delivery confirmed but no one turned up and no one phoned to cancel.

Rebooked for 12th. Turned up but refused to install as it would be ‘dangerous’.

Arranged plumber to install the following morning. He discovered the machine had been dropped sufficiently hard to sheer all the transport bolts.

Delivery of replacement booked for following day, and confirmed but again no one turned up and no phone call to cancel. Contract eventually completed on 17th.

Currys initially offered a £15 voucher in compensation then agreed to pay the plumber’s charge, rounded up to £100 as a gesture of goodwill. Refused categorically to even consider any claim for loss of earnings or any other losses, and maintained that they could effectively have as many goes as they like at completing a contract without consequence as loss of earnings was not reasonably foreseeable.

 

Detailed letter of claim to their legal department went unanswered as did the letter before action. A ‘final reminder’ prompted a phone call some two weeks later, and the day after proceedings had been issued. A redacted copy of the detailed particulars of claim is attached.

 

Currys acknowledged the claim in plenty of time and submitted a defence basically denying everything - i.e. denying that they’d failed to turn up, denying refusing to install for a made up reason, denying the first machine delivered was damaged, denying they failed to turn up again, denying that I suffered any loss and if I did, denying that it was recoverable and even if it was, that I had failed to mitigate my loss by not arranging deliveries only on days I didn’t work.

 

Mediation followed, during which Currys effectively reduced their original offer and refused to budge despite me being willing to settle for half of what I claimed as I was already sick to death of the whole thing.

 

Shortly after mediation they then alleged that the installation charge had already been refunded and retracted any other offer on the basis that they had already compensated me adequately. The implication was that I’d received this refund and effectively claimed it again. Needless to say, I was furious since I hadn’t had a refund, which they eventually acknowledged.

 

Further correspondence achieved nothing so I resigned myself to turning up for the hearing. Currys had refused to concede anything and were insisting that my two witnesses would also have to attend the hearing. Since they both wanted their loss of earnings and travel costs up front, I decided to take a chance and not ask them to attend. This did mean that technically their witness statements could not be relied on at the hearing, but I’m sure the judge had read them anyway, he’d obviously read everything else. I also knew from Curry’s bundle that they were effectively submitting no evidence, not even a statement from the first incompetent fitter.

 

On the day before the hearing I went through my bundle again and prepared a 5-10 minute statement of what I was claiming and why, and also made notes of page numbers from the Curry’s bundle of things I might need to mention. I also gave very serious consideration to what was the minimum I would accept if an offer was made ‘on the steps of the court’.

 

On the day of the hearing, I arrived in plenty of time, signed in with the usher and introduced myself to Curry’s representative, the same person with whom I had been in correspondence. I gave him an opening to continue negotiations, he didn’t take it. Even at that point, I’d have settled for half the claim plus the issue fee and hearing fee.

 

My opening statement turned out to be unnecessary as the judge did it for me. I was asked if I wanted to ask any questions (I didn’t) and then it was Curry’s turn. He asked various questions which I of course answered honestly and to the best of my recollection (useful phrase that, if you’re not absolutely sure of something). The judge then asked some questions of his own, there was a bit of legal jargon tennis which went completely over my head, the upshot of which was the judge ridiculing the idea that anyone in their right mind would consider loss of earnings in these circumstances to be unreasonable.

 

The judge then gave his judgement by first summarising the claim then the various arguments for and against and then his decision. He held that each failed delivery was a breach of contract and so was delivery of a damaged machine and I was basically awarded everything I claimed plus the court fees and my taxi fares to and from the court. Mr Currys did suggest that the issue fee would have been lower had I not claimed the one item that wasn’t awarded, the judge just shook his head in a ‘don’t try my patience any further’ sort of way. After that, I doubt he’d have dared query the taxi fares particularly as I have an obvious disability, but in other circumstances the cost of public transport only might have been awarded instead.

  • Confused 1

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 Claim number XXXXXXX XXXX v DSG Retail

 

Detailed Particulars of Claim

 

 

On 8th June 2014 the claimant ordered a washing machine from the defendant for the sum of £XXX plus £XX for installation. Delivery of the new product and disconnection and removal of the old machine were included within the price. The defendant arranged to deliver the product on Tuesday 10th June, and confirmed this arrangement via email and text message, giving a four hour time slot in which delivery would take place. The claimant informed her tenants of the date and time of the delivery.

On 10th June, the claimant’s tenants arranged to be at home to accept delivery of the new product. The defendant failed to deliver the washing machine and failed to contact either the claimant or the tenants to advise them that delivery would not be taking place.

Delivery was rearranged for 12th June, again within a four hour time slot. The claimant’s tenants were unable to be present on this occasion, so the claimant had to attend at their premises to accept delivery.

The defendant’s agents delivered the new washing machine at around 11 am. These agents refused to disconnect and remove the old appliance or install the new one as they alleged that it would be dangerous to do so. The claimant was thus left with the old appliance still in situ and a new washing machine taking up most of the space in the small hallway. The claimant’s tenants were still without the use of a washing machine and now had the additional inconvenience of a large package partially blocking the only means of access to or exit from the property.

On 12th June 2014 the defendant was put on notice that time was of the essence and substantial costs were being incurred as a result of the delay.

As the defendant’s agents had refused to remove the old appliance or install the new one, the claimant arranged for a plumber to attend on 13th June to do so. The claimant’s tenants arranged to be at home to grant access to the plumber. The plumber successfully disconnected the old appliance and exchanged it for the machine in the hallway. He then unpacked the new appliance and began installation by removing the transport bolts. These are substantial bolts which are intended to prevent the drum from moving whilst the appliance is being transported.

All four of the transport bolts had sheared. As a result, the ‘detached’ parts of the bolts could not be removed from the appliance. Additionally some of the drum casing had broken and pieces of this fell out of the machine. The plumber concluded that in order to cause damage of that nature the machine had been dropped heavily, probably from a height, and that further internal damage was almost certain. Since he was unable to completely remove the transport bolts, he could not even attempt to install the machine.

The defendant, after some argument, agreed to replace the damaged appliance. A delivery was agreed to take place between 8.35 am and 12.35 pm on 14th June, 2014 and the claimant was assured that this time the damaged machine and the old appliance would be removed and that the new appliance would be installed.. The claimant’s tenants once again arranged to be at home to accept delivery and the delivery slot was confirmed via text and email. The defendant failed to make the delivery, collect the old appliance or install the new one and failed to warn the claimant or her tenants that delivery would not take place.

The claimant agreed to one final attempt at delivery to take place on 17th June. The claimant’s tenants were not able to be present therefore the claimant was obliged to attend at the premises to accept delivery. On this occasion the defendant completed the contract in it’s entirety. The new appliance was delivered and installed, with no suggestion that the installation may be dangerous, and both the damaged machine and the old appliance were removed.

The claimant alleges that the defendant is in breach of contract in failing to adhere to the agreed and confirmed delivery time on two occasions, delivering a faulty appliance, failing to even attempt to disconnect and remove the old appliance on 12th June and failing to attempt to install the new appliance on that date.

It is further alleged that the defendant was negligent in failing to deliver the appliance when agreed and failing to notify the claimant and/or her tenants that delivery would not take place when they knew, or ought to have known, that this would cause substantial cost and inconvenience.

As a result of the defendant’s breach of contract and negligence the claimant has suffered loss and damage.

The claimant’s tenants were inconvenienced on three separate occasions, for at least 4 hours on each occasion, during which time they were not able to attend to their normal employment. They were without an operational washing machine for seven days longer than they expected. They had the inconvenience of the new appliance occupying space and causing a hazard in their small hallway for five days and the damaged machine for four days. As a result, the claimant felt obliged to offer her tenants a substantial discount on their rent, amounting to £XXX, to compensate for their wasted time and the inconvenience of having large appliances in their hallway for so long.

The claimant had to attend at the delivery address on two occasions, amounting to at least 8 hours, including travel. This prevented the claimant from undertaking other duties in connection with her business. As a self-employed person the claimant would normally expect to earn approximately £XX per hour net, and the claimant therefore claims £XXX for attendance at the property.

The claimant paid her plumber a call out fee on 13th June amounting to £XX The plumber did not make any charge for disconnection of the old appliance or the aborted installation of the new machine because the claimant is a regular customer.

The claimant incurred other expenses including telephone calls and travel. The claimant was obliged to telephone the defendant on at least 6 occasions. Since it takes in excess of 5 minutes simply to negotiate the automatic switchboard and on at least one occasion the claimant was passed to three different departments, those calls must have amounted to more than 45 minutes in total. There were further telephone calls to the claimant’s tenants and the claimant incurred two return bus fares in attending at the property. The claimant would accept £XX under this head.

And the claimant claims:-

Rent discount £XXX (approximate split of £XXX lost holiday/earnings, £XX inconvenience)

Claimant’s

loss of earnings £XXX

Plumber £XX

Misc £XX

£XXX

 

The claimant also claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 13th June 2014 to 21st October 2014, amounting to £XX, and also interest at the same rate up to the date of judgement or earlier payment at a d daily rate of £XX

 

I believe that the facts stated in these Particulars of Claim are true.

 

 

 

 

Signed …………………………………………… Date ………………………………………………

 

Name ……………………………………………..

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Well that certainly sounds like a result for you, wonder if it means Currys will learn anything from it.

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Fantastic result. Thanks for sharing.

 

Please let us know when you actually recieve the cash so title can be updated

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Whilst this is no longer relevant, I think you should have started this thread in the Legal forums, RMW. You might have had some support along the way.

 

Well done for persevering and excellent news that you have a resolution.

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This may not get seen as the thread is rather old now, but I've just had a letter from Currys asking me to confirm to the court that they paid the judgement amount.

 

Given the total lack of co-operation from Currys from the start, I'm tempted to be bloody minded and either ignore them or ask for the cost of printing and postage up front.

 

However, should I have told the court they'd paid 18 months ago?

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Why bother doing their work for them. They could quite easily contact the court and get a notice of satisfaction. The court may contact you for confirmation.

 

I wonder if they have found a CCJ on their credit file?

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Why bother doing their work for them. They could quite easily contact the court and get a notice of satisfaction. The court may contact you for confirmation.

 

I wonder if they have found a CCJ on their credit file?

 

Ignore until they contact me again then. Decided.

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One real bright spot in an otherwise frantic weekend.

On Saturday I received a general form of judgement from the Court. It appears that Currys made an application to have the CCJ marked as satisfied. The judge refused.

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