@curryspcworld @TeamKnowhowUK refused to honour purchase

[BankFodder]

Yes, it would be very interesting to get an update.

I'm afraid that the majority of people who come here for help and who receive it – never think to come back and at least let us know how it went. It's always very disappointing for people who put effort into it.

Maybe this person will come back and let us know

[Irt8787]

Hi

 

there was some issue when I submitted my DQ and they didn’t receive it.

 

i only find out when county court told me they would strike the case if I didn’t send my DQ in within 7 days.

 

fortunately that’s all sorted and I received my notice of allocation to the small claims track 3 days ago.

yet to go through the letter

 

i think i need to submit my documentary evidence next

 

this is the scanned Notice of allocation letter 

DSG RETAIL LIMITED.pdf

[AndyOrch]

Main points are you must pay the hearing fee by 13th Dec 4.00pm

Hearing date is 10th Jan 2020 10.00am

 

Witness statement and documented evidence must be filed and served not less than 14 days before the hearing date (28th Dec 2019)

Andy

[Irt8787]

Thanks. Would appreciate some help with the witness statement when I can get to it later. Cheers

[Irt8787]

Got a letter from Currys legal department today which is a bit confusing. Are they offering me £2000 (when I’m claiming £641 in loss) to settle? Is it a typo, and if I accept the settlement I wonder if they will need to pay me £2000?
 

I have until 13/12/19 to pay my hearing fee. I think I can ring up and pay via debit card, if I am not mistaken?

 

Any advice is much appreciated. 

 

[dx100uk]

Might be better to redact your pers info?

It appears they are offering a further £2060

 

Dx

[Irt8787]

10 minutes ago, dx100uk said:

Might be better to redact your pers info?

It appears they are offering a further £2060

 

Dx

I thought they were redacted. 
so any advice on what might be going on, and why they would offer more compensation than claimed? if I write back and accept it, and not pay my hearing fee by 13/12 could they withdraw the offer then?

12 Dixons 2.pdf

[Irt8787]

On 12/10/2019 at 11:34, BankFodder said:

Yes, it would be very interesting to get an update.

I'm afraid that the majority of people who come here for help and who receive it – never think to come back and at least let us know how it went. It's always very disappointing for people who put effort into it.

Maybe this person will come back and let us know

any advice regarding the latest correspondence from Currys?

[dx100uk]

as said

It appears they are offering a further £2060

 

why not ring and ask if this is true?

if so state that as soon as you have the money you will file a notice of discontinuance with relation to your claim to the court.

 

dx

 

[stu007]

I have to agree as they are offering as a Gesture of Goodwill a £60 refund & further payment of £2000.00 for expectation loss in full and final settlement, so in total £2060.

[Irt8787]

Dx100uk suggested calling them and confirm this.

Is that what you would suggest too?

I was originally planning to write back to them to provide my bank details and to tell them I will settle. 

 

and what do I do about the court hearing fee?

Do I just ring and pay by debit card now?

 

Deadline is 13/12, I am just a bit worried that the if I settle the settlement wouldn’t have been completed by 13th. 

[stu007]

Hi

 

I agree with dx100uk that if you are unsure this amount is correct to call them to them to clarify the Gesture of Goodwill offer.  (do not mention to them the amount your claim was for as the are already aware of this so don't remind them)

 

dx100k has already pointed this out in there post that you would need to file a Notice of Discontinuance with the court is you agree to this settlement offer.

[dx100uk]

if you issue an NOD you wont have to pay the fee

[Irt8787]

Alright I will give them a call tomorrow. Thanks for the advice. 

[BankFodder]

Sorry, I've been out of the loop for a while – so I've been catching up on things and I have looked at what has been happening on this thread.

I'm going to take a rather different view to the others here – which is I don't think you should telephone them. I think that you should simply accept their offer and provide them with the bank details that they require.

The offer that you have been made has been made as a gesture of goodwill – and as such it is not made in consideration for anything. It is a gratuitous gesture – a gift. I appreciate that they may have made a mistake but I think that you should let them sort that out and complain about it later on.

A gesture of goodwill is exactly what it means – it is not related to anything and doesn't necessarily reflect any amount of money which is claimed or which is owed. A gesture of goodwill is meant to show goodwill and effectively to compensate in particular for having caused you all the trouble.

I would let sleeping dogs lie. Accept the offer and provide them with the bank details. When the money arrives then don't spend it all. Keep some away in a savings account in case at some point there is a compelling argument which requires you to hand it back.

All you are doing here is accepting their outstretched hand which in effect amounts to an apology for being stupid and putting you to such trouble in the face of circumstances where they were obviously wrong – and they still aren't admitting it.

 

It is no loss to you if they come back at some point and say that they realise that they made an error and they want the money back. We can then look at their arguments.

However this offer has been made by a legal department which we must assume has some level of competence and they have looked at the situation, examine the figures and have made a considered gesture towards you.
I think you should take it at face value

[BankFodder]

Once you have the money then you can withdraw the claim. However don't miss any deadlines for paying a fee

[Irt8787]

50 minutes ago, BankFodder said:

Once you have the money then you can withdraw the claim. However don't miss any deadlines for paying a fee

A different view now I’m torn. so you are suggesting that instead of phoning them, I should write back accepting their offer and provide my banking details, is that right?

[BankFodder]

Yes that's exactly what I'm suggesting. If they decide that they made a mistake then they can let you know. If they don't think they've made a mistake then they make the payment. If later on they decide they made a mistake then they can approach you. We can then deal with that and maybe you will decide to repay them as a gesture of goodwill.

However, I don't see that you suffer any disadvantage at all by simply replying on the letter and accepting on the terms that they have laid out. They are mature, experienced – and presumably they mean what they say.

They weren't prepared to do you any favours when they tried to shortchange you over a computer which you thought you had bought. I don't understand why there should be any doubt that you should treat them in exactly the same way – unless it makes you feel noble.

[Irt8787]

it’s difficult deciding what to do. I don’t think there is a right or wrong answer here. I’ll probably write to them then. Cheers. 

[BankFodder]

I'm quite sure that is the right answer. However, don't point out any discrepancies in your calculations. Make it a simple letter referring to theirs of the XXX date and saying that you accept their settlement offer. Your bank details are XXX bank code and XXX account number. As soon as the transfer of funds is confirmed you will notify the court that you are withdrawing the claim. However please note that the deadline for paying the hearing fee is XXX date and you will go ahead and pay it if the transfer has not been received.

[dx100uk]

gotta be the right answer as lone as the fee paying date is not missed

but I don't think there is any penalty for that other than the claim doesn't move fwd so.....

 

dx

[BankFodder]

But if the feepaying day comes up, then the fee should be paid and it is up to them to refund it. By writing back to them and telling them to transfer and warning them about the fee date, you are putting the ball squarely in their court and if they miss the date then they can't say they didn't know and you simply insist on them paying costs or else you go to court. There is no way that they will suddenly refuse to pay the fee and prefer to go to court.

[Irt8787]

Thank you for your letter on the 4^th December 2019. You informed me that you are prepared to offer a refund of £60 for my claim issue fee and a further payment of £2000.00 to cover my expectation loss in full.

 

I have decided to accept your settlement offer.

 

As soon as the transfer of funds is confirmed I will notify the court that I am withdrawing the claim. However please note that the deadline for paying the hearing fee is the 13^th December 2019 and I will proceed with the payment if the transfer has not been received.

My bank details are as follows:

Thank you.

Yours sincerely,

 

Just typed this up, pls advise if any amendment is needed. will send this off first class tomorrow. 

[BankFodder]

Yes, it is far too detailed
 

Quote

Dear Sir/Mdm

Reference number XXXXX – your letter 4 December 2019

Thank you for your letter of 4 December 2019 .

 

I'm writing to accept your without prejudice offer made by way as a gesture of goodwill and made in full and final settlement.

My bank details are – bank code XXXX, account number XXXX, account name XXXX.

As soon as the bank transfer has been confirmed I shall write to the court and withdraw my claim and our litigation will be at an end.

Please note that there is a deadline for paying the hearing fee of XXX date XX. If I have not received your bank transfer by then, I shall proceed to pay the fee in expectation that we will be proceeding to court for trial.
In that event, I shall also be seeking reimbursement of this hearing fee.

Yours faithfully

 

[Irt8787]

Thank you. Will send it tomorrow.