Damaged new fridge **Settled in full after court claim issued**

[LTKY]

In relation to another small claims thread here, I wanted to check whether letters should be also served to DSG Retail Limited which is the legal entity behind Currys? Also whether proceedings need to be served to their address and not Currys PO box or both?

[reallymadwoman]

Send to

DSG Retail Ltd,

Maylands Avenue

Hemel Hempstead

HP2 7TG

 

That is their registered address.

[LTKY]

Send to

DSG Retail Ltd,

Maylands Avenue

Hemel Hempstead

HP2 7TG

 

That is their registered address.

 

Thanks for clarifying. This is more of a procedural detail, my last letter was not titled as LBA but worded exactly like that in context, concluding to action via the small claims if they did not satisfy within a time limit.

 

Does that satisfy the requirement for a LBA or does it have to be served "titled" as such. From my point of view we have exchanged enough letters and reached a dead end but I want to be clear so as not to have my claim rejected...

[reallymadwoman]

Does that satisfy the requirement for a LBA or does it have to be served "titled" as such. From my point of view we have exchanged enough letters and reached a dead end but I want to be clear so as not to have my claim rejected...

 

I doubt a title makes any difference whatsoever. So long as you have complied with pre-action protocols in all other respects, it's irrelevant what you title your letter.

[LTKY]

I doubt a title makes any difference whatsoever. So long as you have complied with pre-action protocols in all other respects, it's irrelevant what you title your letter.

 

Indeed, thanks again.

 

I will keep you updated with the proceedings.

[reallymadwoman]

A word of encouragement - hearing today, judge found Currys had breached the contract twice by failing to turn up and failing to notify me that the delivery wouldn't happen and once for delivering a faulty machine. I was awarded my loss of earnings, the plumbers charge for fitting the machine they did eventually deliver, all the court fees and my costs for attending today.

 

Right up until we entered the judge's chambers I would quite happily have accepted half and they've seriously lost out anyway because I've bought £7000 worth of stuff in the last year that would have been from Currys (completely redone the kitchen in two apartments) but I've bought from John Lewis instead - same price, miles better service.

[LTKY]

A word of encouragement - hearing today, judge found Currys had breached the contract twice by failing to turn up and failing to notify me that the delivery wouldn't happen and once for delivering a faulty machine. I was awarded my loss of earnings, the plumbers charge for fitting the machine they did eventually deliver, all the court fees and my costs for attending today.

 

Right up until we entered the judge's chambers I would quite happily have accepted half and they've seriously lost out anyway because I've bought £7000 worth of stuff in the last year that would have been from Currys (completely redone the kitchen in two apartments) but I've bought from John Lewis instead - same price, miles better service.

 

Thanks for sharing, well done that's great news!

 

The thing you said about John Lewis is so true...no more Currys. I fear the day when one of my other appliances may fail and I have to contact them.

[LTKY]

Following service of claim and before submitting detailed particulars, their legal service jumped in quite quickly with a letter along the lines:

That courts will find I have no legal grounds to claim loss of earnings under consumer contracts and the value of my claim can be no greater than the lost food plus the court fees. In case I disagree then should provide details on the legal basis of my claim. Despite all this they are offering to settle under a "goodwill gesture" for the amount of lost food and court fees. (which is quite small considering lost earnings)

 

Also if I am awarded less than the amount they are offering by the court, they will be seeking award of all expenses on their end to attend the hearing.

 

For the record the letter is not titled "without prejudice".

[slick132]

Hi LTKY,

 

How much approx have you claimed for lost wages in the claim.

 

If they've offered you £xx but the court awards that amount or less, you could be ordered to pay Curry's costs from their offer date onwards so don't just reject the offer without due consideration.

 

[LTKY]

Hi LTKY,

 

How much approx have you claimed for lost wages in the claim.

 

If they've offered you £xx but the court awards that amount or less, you could be ordered to pay Curry's costs from their offer date onwards so don't just reject the offer without due consideration.

 

 

I have claimed exactly what I lost, which was half day's income backed by a signed HR letter (evidence submitted in previous communication), and the amount is more than twice the amount being offered. Excluding the court fees it is four times the amount offered...

 

 

edit: just to clarify, the amount of food claimed is not the actual loss, someone in the household disposed of one receipt which listed the other 2/3 of shopping. Which now is difficult to break down and dairy, meat and vegetables were binned, the court I assumed will probably not accept a credit card statement sum and an honest statement. The real amount of food loss is in the £50 range but I have not claimed all as I only found one receipt. So in conclusion what they are offering is very small and far from "reasonable compensation" to consider.

 

It would be interesting to know what grounds were considered in reallymadwoman's case.

[slick132]

If you are not prepared to accept their offer and feel you are reasonable in pushing on, then that is your prerogative.

 

Let us know what happens next .............

 

[LTKY]

If you are not prepared to accept their offer and feel you are reasonable in pushing on, then that is your prerogative.

 

Let us know what happens next .............

 

 

As the claimant am I required to put the basis of my claim on "legal context" for the defendant party (just because they ask so) or can I simply define a set of reasonable grounds to the judge based on loses incurred by the other party's actions?

[slick132]

This is a Small Claims case and you do not need to set it out in legalese, nor do you need to respond to their request for you to set out the legal basis for your claim.

 

You can simply reply saying you do not agree with the assertions set out in their letter and will continue with your claim for the amount stated.

 

[LTKY]

If you are not prepared to accept their offer and feel you are reasonable in pushing on, then that is your prerogative.

 

Let us know what happens next .............

 

 

Thank you

 

There is a slight development, although I had lost my receipt for a large part of the shopping (and asked the supermarket branch before), eventually their services department has come back with a detailed receipt.

 

I am not sure how this would complicate the case as my claim has already been submitted...

[slick132]

This will just be evidence you can supply if necessary to the court as evidence, or the defendant. But you need do nothing with it for now.

 

I don't see that it complicates matters.

 

[LTKY]

I don't see that it complicates matters.

 

 

It was the part not included in the claim

 

Having lost the receipt before filing I could not put together a breakdown for all the shopping (that required refridgiration).

[slick132]

You could amend your claim, to include the extra food purchases, using the Form N244 Application but you'll have to pay a fee for this (refundable if you win or they agree to pay to settle).

 

How much is the additional shopping covered by the receipt and how much of this would you claim.

 

[LTKY]

You could amend your claim, to include the extra food purchases, using the Form N244 Application but you'll have to pay a fee for this (refundable if you win or they agree to pay to settle).

 

How much is the additional shopping covered by the receipt and how much of this would you claim.

 

 

From a rough calculation, excluding non perishable food, it comes up to around £40.

[slick132]

I don't think it's worth the cost of the N244, and the time necessary to deal with it.

 

If you think you should amend the claim as a matter of principle, that's your prerogative.

 

[LTKY]

I don't think it's worth the cost of the N244, and the time necessary to deal with it.

 

If you think you should amend the claim as a matter of principle, that's your prerogative.

 

 

I am inclined to agree, although I was wondering if this information can be presented in the evidence?

[slick132]

I am inclined to agree, although I was wondering if this information can be presented in the evidence?

 

The receipt can be included in evidence you submit. You can use it to show that the amount you have claimed is reasonable and you haven't claimed to the max - you just want to be reasonably compensated.

 

[LTKY]

I am not sure which aspect of the process was the most convincing, whether it was my last response or the service of detailed particulars.

 

I have received a cheque from their legal dept for the full claim plus fees and a notice of discontinuance to sign and return. They have not accepted legal grounds for income compensation, however they decided to settle and apologised for the inconvenience!

 

Case closed!

|Many thanks to everyone for your help

[slick132]

Hi LTKY,

 

Congratulations on a great result !!

 

Whether they agreed or accepted responsibility, they have paid your claim in full, including your lost wages.

 

Thread title changed to reflect your win.

 

If you can manage a Site Donation, it will be appreciated and will help us stay here to help similar cases in the future.

 

[reallymadwoman]

Congrats! Perhaps Currys are finally getting the message that they actually can't mess people about and get away with it.