@curryspcworld @TeamKnowhowUK refused to honour purchase

[Irt8787]

received acknowledgement of service and they are defending the claim

[BankFodder]

This is not at all unexpected. At the very least you can expect to be tested to the point where you will have to decide whether or not to pay the hearing fee. When you pay the hearing fee they will then assess the situation again, make a decision as to whether or not they think you are serious and then they may decide to put their hands up because they consider it's not economically worthwhile defending.

On the other hand of course they may decide to go the whole hog and see you in court.

Please let us know when you get the directions questionnaire because there will be questions which we should probably help you answer. 

 

However before then, you should receive the defence. Please post the defence up for us to see. If by any chance they miss the date for filing the defence then you should move in immediately and apply for judgement. Monitor the time very carefully and go in immediately at the expiry of the deadline for filing a defence and apply for a judgement. However, they are probably unlikely to miss this deadline – but you never know

[Irt8787]

thanks will do

[Micky the Hippo]

hello both, just read this from start to the current point with interest and am now agog waiting to see developments, well done both

[BankFodder]

Well thanks for your interest. I would say it's a foregone conclusion and its really just a question of how stupid they really want to be as to whether it gets sorted out quickly or takes some time

[Micky the Hippo]

Yep, I don't pretend to be as expert on this as bankfodder but I wholeheartedly agree with all his advice and your actions, what's the point of all the consumer law if no-one has the gumption to use it. As he says, its made to be suitable for the common man and this appears to be very simple legally.

[BankFodder]

And I think you've hit the nail on the head.

There are lots of people who don't know their rights.
There are lots of people who do know their rights and don't have the confidence to enforce them.
And then there are people with the gumption

[Irt8787]

Hi guys,

 

Currys filed their defence on the 28th day. See attached. 

[BankFodder]

This is quite an extraordinary defence because according to my recollection you have said that you have got very clear written evidence of the fact that you ordered a completely different machine. Can you confirm

[Irt8787]

yes. see post 17. i attached a copy of invoice with LBA

 

Order confirmed: APPLE MacBook Pro 15... 2.pdf Invoice 2.PDF

Order Despatch & VAT receipt - APPLE MacBook Pro 15%22 with Touch Bar - 256 GB SSD 2.pdf

 

 the paper invoice that came with incorrect machine says mbp 13 but I bought a mbp 15 and the emails above (order confirmation, invoice, despatch confirmation) support that

[Micky the Hippo]

perhaps someone at Currys web team spotted the error and tidied it up at their end so it looks to them like it never happened, leaving 'only' the evidence that the buyer has.

 

one wonders if anyone there has even looked at what has been sent to them

[BankFodder]

I have very patchy access to the internet at the moment. Please monitor this thread for a fuller reply later

[BankFodder]

I agree that somebody obviously hasn't looked very carefully at the documents and doesn't understand the situation.

at some point you will receive a directions questionnaire and you will be offered mediation.

personally I would refuse the mediation. They have more than enough evidence to show that they have made a bad mistake.

On the other hand, I would suggest that you write to them immediately and point out the error and supply them with the copies of the documents that you have which show exactly what you bought and what you paid for and what you were invoiced for and point out to them that they have made a bad error here and that you would recommend that they withdraw their defence and settle the matter without further recourse to litigation.

I would tell them that in view of the overwhelming evidence, you will be refusing mediation because you consider that it will be time-wasting and that there is no middle ground between you but you are giving them an opportunity now to bring this senseless dispute to an end and to honour the commitment that they made. Tell them that you will bring this correspondence to the attention of the judge if they force it to a hearing.

you may receive advice from others here who suggest that you should go to mediation and so you will have to decide which route you prefer.

I would suggest that you send them the evidence now.  when you get the allocation questionnaire then you can take the opportunity then to repeat that you have the evidence and that you have supplied it to the other side and that because of this you object to the application to strike your claim out.

 

Incidentally, do not withdraw your claim or agreed to withdraw your claim until you have the goods that you have contracted form or else and agreement to supply you with those goods or the refund has been contained in a Tomlin order

 

 

 

[Irt8787]

is this alright? copy and paste work

Quote

 

Dear DSG Retail Limited,

 

Re: Small claims

      Claim no. F5QZ2A8T

 

I am writing with regards to above small claims against DSG Retail Ltd.

 

In your defence you contended that I made a purchase of an Apple MBP 13TB 512SG for £1808. I would like to point out again that you have made a mistake. I hereby provided copies of documents which showed exactly what I bought and paid for, and what I was invoiced for.

 

I would recommend that you withdraw your defence and settle the matter without further recourse to litigation. In view of overwhelming evidence I will be refusing mediation as I consider it to be time-wasting.

 

I am giving you an opportunity to bring this dispute to an end and to honour the commitment that you made. I will bring this correspondence to the attention of the judge if this ends up in a hearing.

 

 

[BankFodder]

I don't know if anyone else has anything to say but I'll suggest a couple of amendments later. Mainly though it's fine

[BazzaS]

“I hereby provided copies of documents which showed exactly what I bought and paid for, and what I was invoiced for.”

 

->

 

“I enclose copies of documents which showed exactly what I bought and paid for, and what I was invoiced for, the 15” model, which forms the crux of this matter : I contracted and paid for the 15” model, and it was only after I paid that the listing was amended to show the 13” model you have supplied in error”

[Irt8787]

 

thanks

[BankFodder]

Quote

Dear DSG Retail Limited,

 

Re: Small claims

      Claim no. F5QZ2A8T

 

I am writing with regards to above small claims against DSG Retail Ltd.

you will see that the basis of my claim is that I purchased an Apple XXXX for £XXX reduced from its recommended retail price of £XXX.
Your defence is based on your belief that this is not the laptop that I bought and rather I bought an Apple MBP 13TB 512SG for £1808.

I would suggest that you have another look at the papers and to help you I am enclosing copies of the documents relating to the sale of this item.
You will see that you advertised the item on eBay at a special promotional price eBay item reference number XXX
You will see that on this basis I did for the item and the sale was concluded on XXX date – so reference number XXX.
You will see that on XXX date I paid the full asking price against your invoice number XXX – the reduced promotional price of the item .
You will then see that you sent me a model which was a cheaper version, not the items was advertised, not the item which you agree to sell me and for which I paid.

In telephonic communications with your office it was explained to me that there was an error and the item which I bought should not have been listed. My position is of course that if you had refused to sell it to me then I would have had no claim against you. However, you did agree to sell it to me, you accepted the money for it and you then send me a completely different item without any recourse or explanation.

It is clear that you are in breach of contract.

I'm writing to you with this information to give you an opportunity to solve this matter without any further embarrassment or economic loss to yourselves.

Please understand that this letter is not a without prejudice letter and it will be brought to the attention of the court if you force this matter to go to hearing.

When the directions questionnaire arrives I shall indicate that I'm not prepared to mediate the matter – as I consider that there is no middle ground between us.
Either you are aware of the error and you are not prepared honour the obligations which you have entered into or to respect my consumer rights, or else you clearly do not understand what your obligations to your customers are.

Either way, this is not a dispute which you can hope to win and I hope that you will accept that this letter is simply a gesture of goodwill towards you in an attempt to resolve this matter without wasting any further time or expense to either this or any inconvenience to the court.

 

Yours faithfully

 

 

 

 

Your letter is perfectly fine but this one might be a little more structured. Take whichever you want or amend them to produce something that suits your taste.

 

Whatever you do, don't lose sight of the fact that DSG retail are idiots, they seem to see consumers as their enemy and they seem to take things very personally. I can only imagine that they manage to face down so many consumers who have perfectly good cases and who are deprived of just outcomes simply because those consumers are ordinary members of the public who don't know their rights and aren't lucky enough to find this forum and come to us for help. If

[Irt8787]

their explanation to me was that they sent me the correct item as their system showed MBP13 being sold. how do i amend that part of the letter?

[Micky the Hippo]

I'm not sure their version of events is relevant, you have a proveable sequence of events, their version is either mistaken or a lie, why get involved in it?

[Irt8787]

letter sent. i’ll refuse mediation when i get the papers

[PIXeL_92]

Just a quick one, searching the eBay item number brings up a listing for a 13 inch version as they are saying it was.

 

If you go onto you eBay purchase history, open up the listing in question at the top it will say the seller has edited the listing click to see the original listing. It may be worth taking screenshots of that as I don't know how long eBay holds the pre-revised version for. This will prove without a doubt that they have made the changes after the item was purchased.

[Irt8787]

Thanks. I have taken the screenshots as advised.

 

hi need some help with directions questionnaire. do i need to send a copy to currys? and on returning the completed form to Northampton county court do i include a cheque for hearing fee?  thanks

 

and what reason should i give for choosing my local county court in question D1?

[AndyOrch]

If it came from northampton yes.....and yes a copy to the claimants solicitor..do 3 copies ...Court solicitor and your file.

 

You dont pay the hearing fee yet you will be advised of a date after you submit the DQ.

 

Your Local Court because you are the litigant in the claim against a company.

 

Andy

[daverules]

I have enjoyed this thread, very informitive and makes one feel empowered regarding our rights.

 

Any updates on this and it's been seven weeks so how long does it take after submitting your DQ?