@curryspcworld @TeamKnowhowUK refused to honour purchase

[BankFodder]

So far as the eBay voucher code concerned, that is between yourself and eBay. The value which Currys received is the amount which is relevant for these purposes. Presumably you will be able to recover the value of the eBay promotion from eBay? The important thing is that the figures in your claim stack up. I haven't done the maths – but does the full price less the £1808 which you were refunded equal £641?

[Irt8787]

Fits in until the word ‘refunded’.

The underlined sentence - do you meant ‘refuse to supply the promotional computer agreed and paid for in contract’

 

if I can’t include the eBay voucher code then I will be claiming £541 instead.  The amount covered by the voucher code wasn’t refunded and cannot be claimed in monetary value according to ebay terms.

[BankFodder]

Try that and then come back here if it doesn't fit.

Please post up the new corrected draft.  Ta

[Irt8787]

Quote

 

The Defendant advertised a laptop computer 
MacBook Pro 15”, with Touchbar,256GB SSD,Space 
Grey(2019)on an eBay auction order 
no.05-03481-54910,Currys PC World 
ref.EBY1000248637,invoice no.1342689.The full 
RRP is £2349 but the defendant offered it for 
a promotional price of £1808.Claimant
succeeded at the auction and paid the asking 
promotional price of £1708 plus £100 voucher, now expired.Defendant sent a 
lower spec model computer.Defendant refuses 
to supply the contractual goods.Claimant has
returned the incorrect item and been refunded 
£1708 but defendant continues to refuse to supply the 
promotional computer agreed and paid for in 
the contract.Claimant seeks £ 641: being the 
difference between the sum refunded and the 
full value contracted-for item or else  
specific performance of the contract.

 

 

 

Fits nicely. Thanks.

[BankFodder]

Cool. When is day 15?

[Irt8787]

Actually I was refunded £1708. Do I have to change the figure in claim particulars?

[BankFodder]

It's your responsibility to do the maths and to make sure that what you eventually claim put you back into the position that you expected to be if the contract to go ahead. This means that you are entitled to be in possession of a contract value – the RRP.

If you claim even £1 too much, this will undermine the credibility of what you are doing and just make life more complicated.

Do you still have the benefit of the eBay voucher? If you do then clearly you won't be able to claim for its value from Currys because that would put you £100 ahead.

[Irt8787]

I understand that. No I don’t have the benefit of the eBay voucher any longer as it was time limited but eBay does run promotion like this occasionally. 

I am not trying to change the amount claimed. £541 is fine. What I meant was the part in claim particulars where I mentioned I was ‘refunded £1808’ but it was actually £1708 and I didn’t want inaccurate figure to affect my claim. I don’t know if the detail matters. 

 

Day 15 is 9/7/19. Another thing that I’m unsure of is if I should tick the box to send detailed particulars direct to the defendant?

[BankFodder]

Okay I've made some further edits because there is no reason why you should be £100 down on the deal. The promotional voucher is expired and that is their fault.

There is no reason why you should give even a millimetre of ground here.

See if my edited draft will fit the word limit and if not post the corrected version here and we will try culling some more

[BankFodder]

I'm trying to fit it all in so that we can avoid having to send separate particulars of claim – which would be a nuisance given the very small amount of detail which needs to be added

[Irt8787]

Quote

 

Defendant advertised a computer MacBook Pro
15” Touchbar,256GB SSD,Space Grey(2019)on
eBay auction order no.05-03481-54910,Currys
PC World ref.EBY1000248637,invoice
1342689.The full RRP is £2349 but the
defendant offered it for a promotional price
of £1808.Claima nt succeeded at the auction
and paid the asking promotional price of
£1708 plus £100 voucher,now expired.Defendant
sent a lower spec model computer.Defendant
refuses to supply the contractual
goods.Claimant has returned the incorrect
item and been refunded £1708 but continues to
refuse to supply the promotional computer
agreed and paid for in the contract.Claimant
seeks £ 641:the difference between the sum
refunded and the full value contracted- for
item or specific performance of the contract.

 

It fits. 

The second last draft claiming £541 is actually fine. The eBay code was a 10% discount code (max amount £100) which gave me £100 off £1808. It was non refundable. Obviously it was time limited and I have missed out on it, but eBay has done a similar promotion again today, albeit only for 6 hours. 

 

What you said earlier about claiming too much and putting myself £100 ahead does worry me. I will follow your advice on this and if you think I should claim £641 then I will, but I am more than happy with £541.

 

there are still 11 days till Day 15 so plenty of time to make amendments.

[BankFodder]

If you have evidence that you used a time critical voucher which is now expired – and you are now unable to use it because of the contractual breach of the defendant, then I think that it is entirely reasonable to claim it. If it becomes an issue then you can give it up later – and it might even be something that you can give ground on if you want as part of a negotiated settlement.

However, on a strict interpretation I would say that you had the benefit of £100, they cause you to lose it and therefore they are responsible for it. As I may already have said, even if there is mediation, I don't think you need to give an inch.

Frankly I don't think there's anything to mediate about.

Claim the £641. As long as it is explained in the POC then I don't think there's any problem. You will have to sign a digital statement of truth and as long as you're happy that what you are saying is the truth and there's no problem.

It's excellent news that they have refunded you so quickly because it reduces your court fee and also it makes even less worth their while defending. As I've already said, these people are stupid and brutish. Actually I may not have said that they are brutish. I should have done

[Irt8787]

Ok then. Looks like this will be the final draft but I will double check with you again before I submit it on D15. Really appreciate the time you have taken to help. Thanks. 

[Irt8787]

Currys responded to my letter before action. Looks like it will be a claim after all

[BankFodder]

Yup. Send them the good news

[Irt8787]

So today is D14 after issuing letter before action and I will be submitting the claim tomorrow.

 

Are there any changes to be made to the particulars of claim?

 

Thanks.

[AndyOrch]

I would add a date to the particulars.

 

Andy

[Irt8787]

hi trying to fit it all in so i wouldn’t have to send a separate particulars.

 

what dates do you refer to?

[BankFodder]

Quote

Defendant advertised a computer MacBook Pro
15” Touchbar,256GB SSD,Space Grey(2019)on
eBay auction order no.05-03481-54910,Currys
PC World ref.EBY1000248637,invoice
1342689 date XX.XX.2019.The full RRP is £2349 but the
D offered it for a promotional price
of £1808.Claimant succeeded at the auction
and paid the asking promotional price of
£1708 + £100 voucher,now expired. D
sent a lower spec model laptop.D
refuses to supply the contractual
goods.C. has returned the wrongly supplied 
item and been refunded £1708 but D.continues to
refuse to supply the promotional computer
agreed and paid for in the contract.C
seeks £ 641:the difference between the sum
refunded and the full value contracted- for
item or specific performance of the contract.

 

 

The invoice date.

 

I have now used D and C for defendant and claimant which is perfectly acceptable and understandable

[BankFodder]

Incidentally, the court won't award specific performance but at least the defendant knows what they have to do to stop the action.

[Irt8787]

Ok great , that’s fits with one line remaining.

Do I tick the box to send particulars to the defendant? ‘ If you wish, you may also send detailed particulars direct to the defendant. If you need to do this, please tick here ‘

Edited July 8, 2019 by Irt8787

[BankFodder]

no.  You don't need to now

[Irt8787]

Ok. Just realised that if I untick the box to claim interest I will get 6 more lines. As I’m refunded, should I still reserve my right to claim interest?

[BankFodder]

no.  

[Irt8787]

Thanks. I’ll post the defence here when I receive it.