@curryspcworld @TeamKnowhowUK refused to honour purchase

[Irt8787]

hi I am new to the forum. 

 

Saw a new 2019 MacBook Pro 15 for sale on Currys eBay store for £1808 which was below usual selling price (apple RRP £2349). Ebay was running a promotion that weekend which gave me another £100 off with code. bought and paid with credit card. received order confirmation, invoice and despatch info all showing correct details.

 

however I received a 2019 MacBook Pro 13 (RRP £1949) 2 days later which wasn’t what I paid for. 

 

Contacted Currys customer service who told me that they made a mistake on their eBay listing and description. their internal system showed item purchased to be MacBook Pro 13 and they couldn’t honour the sale of MacBook Pro 15. they said if I don’t want to keep it then I could return the MacBook Pro 13 for refund. 

 

I want the sale to be honoured and wonder if it is justified to insist on getting my exchange. It has been 4 days since the delivery, I have spent a lot of time with team knowhow over the phone, and started a complaint through Resolver. They wouldn’t bulge. 

 

Currys eBay store has somehow changed the details on the original listing and on my eBay purchase now showed MacBook Pro 13. 

 

Would really appreciate any input at all. Feel like I have reached a dead end. Many thanks.

[BankFodder]

Currys are in breach of the term of the contract which requires that the item you buy conforms to its description. This provision is contained in the Consumer Rights Act.

Presumably have got some evidence of the original auction details – either in your receipt or PayPal receipt or in a subsequent email informing you of the error.

You will need some evidence to backup your story. If you have done this on the phone then you should be recording your calls. Read our customer services guide.

Currys are often very stupid about customer service. They have very poor standards of customer service and you will tend to find that they will spend far more than the money they are trying to save attempting to resist you. However, your rights are very clear and you will get the purchase that you made – but you may well have to threaten legal action and you may will have to bring the legal action in the County Court. At the end, they will put up their hands rather than go to court. Currys are bullies.

 

[Irt8787]

Yes I still have the evidence in my original order details, as well as the electronic invoice from Currys. 

 

I started a complaint through Resolver so I have all the correspondences to back up my story.  

They insisted that I purchased a MacBook Pro 13 according to the information on their internal system.

They have repeatedly offered for me to return the item for full refund, and is adamant that they could not honour an exchange due to the price difference between MacBook Pro 13 and 15.

 

I wrote to Citizens advice through email.

They gave me some generic advice and said they will refer my case to trading standards, but I’m unsure how helpful that will be.

 

can you provide further advice on how to pursue this through legal action?

I am just wondering how time consuming this will be.

 

thank you.

[BankFodder]

With all respect to citizens advice, for this kind of thing the best one can say is that they are well-intentioned. I don't have much comment to make about Resolver except that they really not sufficiently businesslike about these things.

You haven't said when this happened but I gather that it happened some time ago and of course the longer these things are allowed to go on, the less control you have, the more comfort the other side takes and the more tired of it or you become.

I suggest that you start asserting yourself and take control. Send them a letter before action and make it clear that if they don't honour their agreement within 14 days then you will take legal action in the County Court and without any further notice. Tell them that you want them to make arrangements at their expense to pick up the laptop which they have provided to you and you want the new one delivered. Make it clear to them that if you sue them you will be sueing them for the full non-promotional price but you will accept delivery of the laptop which you agreed to buy.

Only send the letter of claim if you are prepared to follow up with your threat. Don't bluff because you will lose credibility and that will be the end of the matter. There is no other way to do this with Currys. We have got experience of them time and time again.

Send them the 14 days letter and then on day 15 issue the papers. Register an account with moneyclaim online and prepare the papers say that they are ready to click off on day 15.

The claim form doesn't need to be very complicated and I suggest that set out below is more than adequate:

 

 

Quote

The defendant company advertised a laptop computer model X X X on an eBay auction reference number  XYZXYZXYZ for a special promotional price of £X X X. The claimant succeeded at the auction and paid the asking price. The defendant then sent a different model computer of a lower value. The defendant refuses to supply the contractual goods. The claimant seeks £2349 being the full value of the advertised item plus £ZZZ costs incurred returning the wrongly supplied item = total £XZXZXZ plus interest pursuant to section 69 of the County Courts act 1984 or else specific performance of the contract.

 

Check it and if you agree then use this is the basis for your claim. Correct anything which you disagree with or which is wrong.

They will have 14 days to enter an acknowledgement and a further 14 days to put in the defence. If they go that far then post up the defence here. Keep us updated whatever happens.

In addition to registering with MCOL take the time to look around this forum and become familiar with the steps in bringing a county court claim. It's straightforward but it's worth knowing that the steps are. If you're at all nervous then treat yourself to a county court familiarisation visit.

 

[dx100uk]

2 places never to go with any complaint

resolver and CAB!!!

[Irt8787]

Thank you for taking time to advise me regarding the matter. I made the purchase on 15th June and delivery was 17th June.

 

what I want to be certain is whether I have a case here. Email correspondences with Currys made me wonder if I am being unreasonable, as they kept saying they sold me a MacBook Pro 13 according to their internal system. I did speak to them twice on the phone, on the second time as I insisted I want an exchange, team knowhow said they will refer my case to head office. I doubt this has happened.

 

Did not record my tel call but have multiple email correspondences through Resolver. They said their position is clear that they would not exchange and that I can return item for refund.

 

Can they defend themselves with SOGA that they made an error and therefore do not have to honour the purchase? Usually I would have given up and send it back, but as I am on annual leave I have more time to pursue this.

 

I will probably start drafting the letter before action. And I gather I need to follow through with letter of claim if they still refuse to bulge? I am a bit nervous as I have never done this before.

[BankFodder]

SOGA has been replaced by the CRA but in any event the rules of the same. You make a contract for a particular item and you are entitled to receive that item. If they won't provide you with the item then you are entitled to receive the full value which you reasonably expected under the contract which is the Recommended Retail Price which they themselves have advertised.

The chances of success here are very much better than 95%. I wouldn't worry about it. I don't really understand why you have allowed yourself to become doubtful simply because of Currys dominating attitude. This is what makes them bullies.

If you are in a restaurant and you gave an order for steak and chips and they provided you with cod and chips, would you be in doubt? So what's the difference here.

 

As for never having done this before, when you have done it once then you will find the you acquire transferable skills and you will have the confidence to sue anyone else gets in your way. This is the correct attitude to have as a consumer. Companies such as Currys, other big retail stores, car retailers, garages, debt collectors, banks, are all used to getting their own way for far too long.

If you want us to help you then will help your the way that you need to make the decision.

I'm not sure there's much else we can say now.

[Irt8787]

Thanks. I will send out the letter before action tomorrow. 

 

One last thing is obviously I do not want to keep the incorrect item and there is a timeframe to return this for full refund (30 days according to Currys return policy). I think I need to keep the incorrect item if I want to pursue this?

[BankFodder]

I suppose it will simplify things if you get rid of it. On the other hand I'm trying to think of a way that you can return the item but not receive the money back which means that you would simply sue Currys for the difference and that would reduce the claim fee which you will have to pay. At the moment I can't see a way but if I have an idea then I will post it up here.

Just so you understand, you will have to pay a claim fee which may be about £125. If they push it to a hearing then you will have to pay hearing fee which will be about £150. You will get these back if they either settle or you win the case. The chances of them putting their hands up are very high. If they don't then the chances of you winning and getting everything back plus interest will be better than 95% as I have already said.

Please note that I have amended the proposed draft claim to reflect a claim for interest as well. Interest is paid out at 8%. A very good rate in today's climate

Also, if you return it by courier or by post, make sure it is fully insured. You will claim that back as well.

Read here to see what happened when a claimant didn't bother to insure an item which she intended to return to a defendant even though the defendant would have been required to pay all of the costs including the insurance

 

[Irt8787]

In that case I will keep the item for now. Worst case scenario I will sell it on eBay.

 

the claim fees isn’t an issue, I am more nervous about having to turn up in court for hearing. Not very good with things like that. 

 

I guess I am just frustrated as I thought I found a good deal from eBay Currys but ended up in all this mess. It is interesting to see Currys being so firm as other retailers might have honoured this on good will. Maybe the loss from selling at significantly below RRP is too much for them.

 

I will update if I receive a response to LBA which doesn’t seem likely to happen. 

[BankFodder]

I think keeping it is exactly the wrong thing to do. I think you have to demonstrate that you are rejecting the item that they have tried to foist on to you and that you are rejecting their suggestions.

Return the item to them immediately. Return it with a letter explaining that it is simply being returned because you are taking your own separate action on the contract and you want the original agreed laptop.

In your letter before action make it clear that you have returned the incorrect laptop and this should not be taken by them to mean anything other than you are divesting yourself of the responsibility for it. Don't forget the why you have in your possession you are liable for its good condition. If it happened to get broken or stolen then you would lose all your rights.

Get rid of it and simply sue Currys for the entire recommended retail price. You don't need to make any compromises.

At some point you will receive a directions questionnaire from the court and this may suggest that you might like to take advantage of the mediation service. My suggestion would be to refuse this but if you do accept it then throughout the mediation make it clear that you will only accept a replacement laptop – the one you contracted for all the recommended retail price and you won't settle for anything else. Read what I have said elsewhere about mediation. Mediation is intended to save scarce resources in the county courts. It is not intended to persuade you to sacrifice any of your rights – especially not in the face of a large well resourced and irresponsible organisation like Currys

[Irt8787]

So I will open a return via eBay stating incorrect item and then send it back? 

Can I still send the LBA even though I have returned the item? Would they not just refund me and then close the case?

[BankFodder]

Yes. Begin the return procedure. If they cause any problems then that is good for you – because you will be able to demonstrate that you have taken all reasonable steps to get it back to them. Make sure you keep copies of everything including screenshots.

Of course you can send the letter of claim. What does it matter if they refund you. In fact if they refund you then I would suggest that you simply sue them for the balance and we will adjust the proposed particulars of claim accordingly.

Maybe that is a good solution.

Begin the return procedure now but make it clear in any message that you are still rejecting their position and that you are enforcing the original contract.

I think you're going to have to change your mindset a little bit. You seem to feel that they can dictate the pace of things simply by closing the case or refunding you. This is completely wrong. You are the person in control and you are the person who is going to bring the action and you are the person who is going to dictate the timeline from now on.

You are no longer a victim in this. You are somebody who is taking control and is going to assert your rights. They are going to have to dance to your tune. Start thinking this way.

[BankFodder]

Also, you say that you are a bit nervous. It is an extremely straightforward process. If there is a hearing – most unlikely – then it is fairly informal. Not in a court room but in simply a large office. Have a read of our familiarisation guide and make a familiarisation visit. You will find it very helpful

[Irt8787]

Thanks for all the advice today. Returns initiated and I will send it back tomorrow, along with LBA 

[BankFodder]

Send the letter before action under separate cover. Do not send it with the returned laptop. You must send the letter before action to the Currys head office.

[Irt8787]

12 hours ago, BankFodder said:

Send the letter before action under separate cover. Do not send it with the returned laptop. You must send the letter before action to the Currys head office.

Is this LBA acceptable?

Quote

DSG Retail Limited

1 Portal Way

North Acton

London

W3 6RS

 

21 June 2019

 

Letter before court claim

 

Dear DSG Retail Limited,

 

Re: 2019 Macbook Pro 15

eBay auction reference number xxxxxxx

Invoice number xxxxxxxxxx

 

I am writing regarding the 2019 MacBook Pro 15 which I bought from your eBay store on 15th June 2019. You listed the item at £1808 which I promptly paid for with credit card after purchase (paid amount of £1708 with £100 off eBay code). However on the 17th June 2019 you delivered 2019 MacBook Pro 13, a different model with lower value in RRP.

 

I have spoken to your customer service over the phone on 2 occasions, and sent you multiple email correspondences via eBay as well as Resolver website. You insisted your internal system showed that I purchased a 2019 MacBook Pro 13, despite the evidence from my order confirmation and invoice saying otherwise.

 

I am once again requesting that you honour our sale agreement and an exchange being made on the grounds that the goods did not match their description under the Consumer Rights Act 2015. I enclose a copy of the proof of purchase. I have initiated a return of the incorrect item via eBay and this should not be taken to mean anything other than that I am divesting myself of the responsibility for it.

 

I would like a reply as soon as possible so that I know you have received this letter. If I do not receive a satisfactory response from you within 14 days of the date of this letter, I intend to issue proceedings against you in the county court without further notice. I will be pursuing the full non-promotional price of the item, but I will alternatively accept delivery of the laptop which I originally agreed to buy.

 

I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules, and in particular to paragraph 13-16 which sets out the sanctions the court may impose if you fail to comply with the Practice Direction.

 

I look forward to your acknowledgement.

 

Yours sincerely
 

Name

 

Enc: copy of proof of purchase

Invoice.PDF

 

[stu007]

Hi

 

Don't just open a return via ebay also complaint to both ebay & paypal about sellers actions.

 

Something to remember is the seller listed that as a specific item which you then purchased and paid for then seller corrected the details after, this will all be logged on ebays servers so ebay should have a record of when this items description was changed/updated.

 

Do you know how long the item had been listed on ebay for with the original description (date & time) before the seller changed the description (date & time)? (if not I would ask ebay)

[BankFodder]

Add the two reference numbers I have suggested. It's fine.

[Irt8787]

1 hour ago, BankFodder said:

Add the two reference numbers I have suggested. It's fine.

thanks

 

7 hours ago, stu007 said:

Hi

 

Don't just open a return via ebay also complaint to both ebay & paypal about sellers actions.

 

Something to remember is the seller listed that as a specific item which you then purchased and paid for then seller corrected the details after, this will all be logged on ebays servers so ebay should have a record of when this items description was changed/updated.

 

Do you know how long the item had been listed on ebay for with the original description (date & time) before the seller changed the description (date & time)? (if not I would ask ebay)

not sure how that works. i can’t find anywhere on ebay site to complain about seller. 

 

i watched the MBP 15 for a few days before purchase and currys was listing the MBP 15 at £1949 during the period and the price lowered to £1808 for a few hours on the day I purchased it. it disappeared after and then came back on in new listing at full RRP; original listing was changed to MBP 13 on the 17th I think

[BankFodder]

I think you have to begin an eBay dispute and asked for a refund saying that the item you received was not as described.

I think you do this by "contact the seller" and then choose the appropriate option - I need to return an item

[Irt8787]

i have initiated return via ebay stating that it was incorrect item.

currys provided an automatic returns label (rm tracked 48) which is clearly insufficient for high value item.

i have contacted them and asked for an appropriate return labels

[BankFodder]

Very prudent. You are right to stay on the cautious side all the time.

[Irt8787]

so i am taking all the right steps then. i have initiated returns, i will send out the LBA and wait for response, and then take them to small claims lastly if they refuse an exchange

 

the defence they will use is probably that their internal sku showed i bought a mbp13 and they don’t have to honour an honest pricing/listing error

[BankFodder]

Yes. That's broadly right.

The position is this: if they had advertised the item and then appreciated their error before the contract was made and therefore refused to sell it to you, you would have no claim against them. However, they advertised the item. You bought it, paid for it and so as a result of your commitment to the contract you enjoyed a reasonable expectation of obtaining an item for a certain price and for which the full value was much more. You are entitled to have your expectation fulfilled.  That is what you paid for.

Frankly if they try to defend against this then they are even more stupid and greedy and bullying than I ever imagined. However, as I have suggested already, they seem to take these things personally and rather than making sound business decisions, they spend more on trying to crush the customers whom they have wronged than it would cost them simply putting the matter right and enjoying a good reputation.

Maybe I'll be wrong this time.