@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.

[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.

[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.

[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?

[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. 

[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?

[Irt8787]

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

[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

 

[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

[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

[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

[Irt8787]

Lets see what happens. I will take this as learning experience regardless of outcome

[Irt8787]

LBA sent and incorrect item returned. i will update here after 14 days 

[Irt8787]

currys have provided a DPD drop off label with tracking so I will use that. 

i have just registered with MCOL. do i begin new claim now or do i wait 14 days?

[Irt8787]

i addressed it to DSG retail as per my invoice. i attached a copy of the invoice in previous thread

[Irt8787]

yes it will be DSG retail limited as that’s the name on my invoice. 

 

i am not sure what to write on claim particulars now. do i claim for full RRP of macbook pro 15 & 8% interests?

what if they refund me for the mbp 13, does that change what i claim for then?

[Irt8787]

On 24/06/2019 at 14:55, Andyorch said:

https://www.consumeractiongroup.co.uk/topic/413250-currys-pc-world-amp-knowhow-whatever-happens/page/2/#comments

 

thank you

 

for the claim particulars what ebay auction reference number should I be using? is it the order number on my order confirmation email from eBay, or is it the eBay order reference number on Currys paper invoice? on the ebay email obviously the item was a MBP 15, on Currys paper invoice the item was MBP 13. do they matter?

 

ps there is no order number on the electronic invoice.

[Irt8787]

ebay generated their own number for orders - in my order confirmation email it was 05-03481-54910. currys has their own reference number which was EBY1000XXXXXX, and there was an invoice number on electronic invoice. include them all?

[Irt8787]

so my claim particulars is this:

 

Quote

The defendant company advertised a laptop computer Apple Macbook Pro 15'' with Touchbar, 256GB SSD, Space Grey (2019) on an eBay auction: eBay order number 05-03481-54910, Currys PC World order reference EBY1000248637, Invoice number 1342689 for a promotional price of £1808 (total paid £1708 with eBay voucher code). 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 interest pursuant to section 69 of the County Courts act 1984 or else specific performance of the contract.

 

there is still one line remaining so more details can be added 

[Irt8787]

the full retail price was Apple's retail price. the item was listed at £1808 on ebay for Buy It Now but Currys did not mention the rrp in the listing or say it was on offer. so maybe we cant use the wordings currys made it clear what the rrp was

[Irt8787]

yes they currently have it listed on eBay in different colour (silver) @ £2349 , same price on their own website for both space grey and silver

[Irt8787]

currys have given me a full refund. no response to LBA so far. how do I amend the claim particulars?

[Irt8787]

I made a slight amendment myself. i am claiming for difference in price (£2349 - £1708)     *not sure about the amount that I should claim. item sold for £1808. the amount that I actually paid was £1708 as ebay code made the price £100 cheaper

 

current draft:

 

Quote

The defendant company advertised a laptop computer Apple MacBook Pro 15'' with Touchbar,256GB SSD,Space Grey(2019) on an eBay auction order number 05-03481-54910,Currys PC World order reference EBY1000248637,invoice number 1342689.The full retail price is £2349 but it was on offer for a promotional price of £1808.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 defendant has refunded on return of incorrect item. The claimant seeks £641 being the difference in full value of the advertised item plus interest pursuant to section 69 of the County Courts act 1984 or else specific performance of the contract.

 

Edited June 28, 2019 by Irt8787

[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.

[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.