curry's accusing me of tampering with TV

[watojules]

i can't believe the call ive just had from curry's,  i purchased a Tv from them March 2019  £1699  in November 2019 it developed a fault and stopped working so returned to them for repair , 4 weeks later tv was returned to me they had replaced mainboard, power supply board & screen everything was fine with the Tv for about 6 weeks then it stopped working again so 11 February they came to collect the tv again and  because it was an expensive tv i packed it safe & secure in the original box to go back to them, when  they collected it the driver took it to the van he took it out of the box and placed it on the floor of the van with two straps tightened over the screen without any protection then threw the box back in my garden.

 

I called customer service the same day and complained and told them if there were any damage to the screen i wasn't responsible, seven days later i had a call from curry's saying the tv was being returned to me un repaired because the engineer looking at it found a trace of adhesive on the motherboard inside the tv and believes its been tampered with ? so void of any repair, ive found out the   trace of adhesive has been found on the part they had previously replaced in November ?

 

Why would i want to tamper with the tv its still under the 12 month guarantee, if that wasn't bad enough the tv arrived back with me and there is a big dent in the side & deep scratch on the screen so i called customer service again  and the adviser told me the van driver had reported this damage was caused in transit when on the way to them for repair, so even though they have caused serious damage to it in transit conveniently they are saying because they found this trace of adhesive after they had already damaged it its void of any repair.

 

I would  really appreciate any advice regarding small claims court how to proceed, thanks Julie 

[AndyOrch]

Hi and Welcome to CAG

 

Have you retained paperwork from the first original fix ?

 

Andy

[watojules]

Hi Andy, thanks for the reply, no paperwork its only what they told me over the phone, i did ask them for reports of both repairs but they said i need to write a letter to request them. 

[AndyOrch]

Then do that as you will need proof that their fix is the one that they are using as an excuse to not do the second fix.

[watojules]

will do thanks

[BankFodder]

Send the letter by way of an SAR so that it is a statutory request for disclosure. This will put them under a legal duty to supply you with everything and make it more likely that you will get the information you need.

Be careful of dealing with Currys/PC World. They quibble at almost every step

[fkofilee]

38 minutes ago, BankFodder said:

Send the letter by way of an SAR so that it is a statutory request for disclosure. This will put them under a legal duty to supply you with everything and make it more likely that you will get the information you need.

Be careful of dealing with Currys/ PC World. They quibble at almost every step

 

Oh correct indeed... 

Also aswell maybe consider emailing the CEO? Where did you purchase the TV? (What Store)

[watojules]

Thank you Bankfodder & fkofilee, i don't suppose you can advise were i can find the address for CEO to send ? i bought from Doncaster store. 

[fkofilee]

YW 

 

[email protected]

[email protected]

[watojules]

Many Thanks

[watojules]

can i send the SAR via email or will in need to be a letter ?

[ericsbrother]

That will depend on how awkward they want to be as they should accept an email if they are happy that the email  is yours so let them know that you expect the data to be sent to your permanent home address or to this email address if they dont want to send a paper copy

 

[watojules]

Thanks

[watojules]

looks like small claims court is the only way forward, advice needed please, would you claim against the fact they are wrongfully accusing me of tampering and refusing to repair or the fact that when it was on the way back to them for repair it was damaged in transit a dent to the side & cracked screen reported by the driver, this serious  damage occurred before they even looked at the tv and allegedly found adhesive on the motherboard, any advise please

[fkofilee]

What was the response from the Exec Team?

[watojules]

they just sent me the address to send the letter of intent so suppose that speaks for itself.

[BankFodder]

Have you sent them the SAR?

Do you still have the box which they threw in your garden?

[watojules]

 yes i still have the box bankfodder. 

 

regarding the SAR i was speaking on the phone to customer service and they took my details and said that they can request the repair reports for me and will send them.

[BankFodder]

That doesn't sound like an SAR and also I'm afraid that doing it that way creates no statutory duty.

You are probably going to find out with Currys that unless you are very very careful, you will lose control – and I would say that you are already losing control.

Send the SAR as I've suggested. It should have gone on Wednesday. Every day's delay will simply cause problems – particularly if you have to bring a legal action. You don't seem to realise that getting on the phone to them, part of what they do is to divert you and to distract you, to stop you getting control and eventually to tire you out. I'm not joking.

Send the SAR. Because you've delayed already, it won't be effective from at least Monday – Tuesday so that's a week lost.

 

Also of course because you been dealing with them on the telephone, you have no evidence of what has been agreed. Have you read our customer services guide? Do it now and implement the advice there. This is essential. Even when things are agreed on the telephone and you have got a recording of it, you should be following it up in writing to confirm.

[watojules]

Point taken BankFodder, i will take your advise i will get on with the SAR

[BankFodder]

And the customer services guide???

[watojules]

sorry to be a pain but just one more thing, if this was to go all the way to court should i claim for the full cost of the tv £1699 or given it was 8 month old when developed the first fault would i be better claiming for a reduced amount 

[BankFodder]

I would say they you would claim for the full amount and then step back to a lower amount if necessary. However we are not there yet. Send the SAR

[watojules]

Thanks

[watojules]

UPDATE                                                                                                                                                                                                                                                                                                                                           

Quote

                                  Requested the SAR, also a week ago i sent a detailed email to currys complaining about the way ive been accused also informing them i fully intend to take this to the small claims court,  yesterday i get a reply advising me to call customer service as they accept responsibility for damage in transit, i was reluctant to call because the 4 previous calls to them were a waste of time they insisted the engineers report regarding tampering was final and nothing could be changed, anyway yesterday morn i call  them and the guy i spoke to had a completely different attitude maybe something had been added to the case report? he was very understanding and apologized   he arranged to come and collect the tv back from me as they are fully responsible for full repair however he got the go ahead from his manager to recommend the tv to be wrote off by the repair team, so the tv's now back with them and im waiting for their response .  Thanks again for advice given by everyone.

 

 

  Requested the SAR, also a week ago.

 

i sent a detailed email to currys complaining about the way ive been accused also informing them i fully intend to take this to the small claims court, 

 

yesterday i get a reply advising me to call customer service as they accept responsibility for damage in transit,

i was reluctant to call because the 4 previous calls to them were a waste of time they insisted the engineers report regarding tampering was final and nothing could be changed,

anyway yesterday morn i call  them and the guy i spoke to had a completely different attitude

 

maybe something had been added to the case report?

he was very understanding and apologized  

he arranged to come and collect the tv back from me as they are fully responsible for full repair however he got the go ahead from his manager to recommend the tv to be wrote off by the repair team,

so the tv's now back with them and im waiting for their response . 

 

Thanks again for advice given by everyone.

Edited February 26, 2020 by BankFodder
Made it reasonable by introducing spacing. Didn't touch punctuation