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Irt8787

@curryspcworld @TeamKnowhowUK refused to honour purchase

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Curry’s have written back clarifying that it was £200 and not £2000, and ask if I still wish to accept the offer. 

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Another mistake by Currys!!!

 

How much do you need to bring you up to your expected value?

 

By the way, the fact that they have now reneged on their £2000 offer in my  view that the without prejudice protection that claimed for it, now fails.


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I claimed £641, but £100 is lost in eBay voucher code so really it is £541. Currys offered £200 so another £341. 

 

It’s probably reasonable to accept the offer to save the trouble of having to prepare for evidence/documents etc. I wonder if the offer is negotiable. 

DSG offer .pdf

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Your business but they're trying to buy you off, what about your time to date?

 

This case is rock solid isn't it?

 

And this is their first offer.

 

'Offer him £200 to drop it'

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The only way you will negotiate is by refusing it and paying the hearing fee.

 

I think that your claim is entirely winnable but it is you who will have to calculate the risks


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Alright I will take your advice and reject the offer. Is this a reasonable response then?

 

 

Thank you for your letter of 11th December 2019.

 

I'm writing to reject your revised without prejudice offer. I am afraid it hasn’t met my expectation.

 

If I don’t hear again from you I shall proceed to pay the hearing fee on the 13th December 2019 and we will proceed to court for trial on the 10th January 2020.

 

Yours faithfully,

 

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I'm not advising you to reject the offer or to accept it one way or the other. This is a decision that you have to make when you balance the risks.

for my part I think that you made a contract and you had a reasonable expectation of receiving a certain value and they breached the contract. As far as I'm concerned this gives you the right to bring an action with a good chance of success. On the other hand there are risks and you might decide that getting £200 over what you paid is a good result and let's face it it's not bad. However you didn't get the computer you wanted and if it was me I would be going for that. However, get the risk is yours to calculate and yours to take. The case is yours to win or yours to lose. You have to make up your own mind . I am not trying to advise you one way or the other I'm just trying to inform you as to what your position is.

if you stand by your ground and they decide to go to court then if you lose you risk losing your claim fee and your hearing fee. If you win then everything's fine. If you decide to pay the hearing fee then there is still a very good chance they will put their hands up. They've already offered you £200 so you're not so far away from it and of course they will have much greater costs defending the action then you will bring it because they will have to travel to your court and presumably pay a legal representative to go there. This will cost in far more than the money they are trying to save. But on the other hand they are brutally stupid and they don't consider these kinds of things.  Under the small claims rules even if they win they won't be able to recover the costs of legal representation from you.

you have to decide whether it is worth the punt to get £641 from them on one hand + your costs or on the other hand whether you are prepared to lose the claim fee and hearing fee.

also of course, it will probably be 4 or 5 months before the matter was heard and settled. But of course it might only be a week or two before they back down completely.

if you decide to go on then in my letter I would tell them that as they have reneged on their promise to pay you £2,000 without prejudice you now consider that they have lost the protection of the without prejudice offer and that you will be bringing that letter to the attention of the judge as well. Obviously this doesn't apply to the most recent offer which presumably has been made without prejudice

 

 


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Yea the second offer was made without prejudice, you can find it in post #128. I need to think about this. 

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