Curry's - Returned Faulty Laptop with proof, denied they got it - no refund - Bank ChargeBack declined - now court Claim but to which Curry Address? ***Resolved***

[jk2054]

Hi,

 

Received a faulty laptop from currys.

Sent it back and despite proof of delivery of return they denied receiving it.

I filed a dispute with my bank but apparently there were missing documents I didn't send (although I'm not sure I ever received a request for them)

filed with MCOL against currys.

I've had a look but there doesn't seem to be many recent cases. 

My only concern is I took currys PLC to court, would this be the right one? (there's many currys on companies house)

[dx100uk]

i will guess CB is chargeback?

thread title made a bit more understandable for future readers with the same issue.

dx

 

[BankFodder]

I suppose that you are saying that you sued Currys and did you sue them in the right name?
How on earth would we know?

You given us absolutely no details and in particular we have no idea what name was on the receipt, for instance.

We don't know what the story is – although it is slightly more obvious than the other two threads that you started the last 24 hours.

You are asking this question now even though you have already issued the claim and as I gather, you have already had exactly the same issue of incorrectly identifying your defendant in a previous case when you have been suing UPS.

 

[jk2054]

The receipt just says currys.

 

I was wondering if you knew from past experience that was all.

 

[jk2054]

Update - AOS filed by Manpriet Kapoor, extending deadline until 30 October 2023.

 

Breakdown of dispute:

Item: Laptop

Cost: 699.00 GBP

reason for dispute: Faulty screen, returned to store and advised to send it back. sent it back tracked & signed for. GPS delivery scan shows currys RDC but they denied receiving it.  Filed an official complaint with the SCC email and was essentially told not their issue. Tried a chargeback but bank was missing a letter i sent and by the time I resent it they were out of time.

 

Will update with defence when received and hope the context helps explain things more.

[jk2054]

Good Afternoon,

 

I received defence today. However I notice they have blatantly lied in their defence saying I did not respond to them when I did. (defence point 2.8)

Given its signed by a declaration of truth can I ask it to be struck out by presenting the evidence they received the information ?

 

Defence attached.

 

450MC590-claim-response (1).pdf

[jk2054]

@BankFodderBF - any ideas on strikeout or not?

[BankFodder]

The answer to your question is that – no this is not the time to start applying for strikeouts.

But more generally, I made the point in my first post to this thread that you hadn't given us any information – and frankly that hasn't changed.
We are helping you with a lot of these very similar cases. We have already pointed out that you give us minimal information and you refer to other threads rather than explain each thread what has happened.

We haven't had sight of your claim form only a rough summary of the issues.

If I look through this, I can see that your whole way of dealing with things is pretty haphazard – missing documents, wrong company names, and a very cavalier way of asking us for our help. Maybe it's because we're doing it for free that you aren't particular bothered.

If you don't give us the claim form here then there is nothing else that we are going to do and I can tell you now that if you have any more of these cases running you don't present properly in the opening post – and let's face it you have lots of  experience – then I simply won't get involved. Maybe others will but it will be up to them.

 

[jk2054]

Hi,

Apologies for the lack of detail in the opening post.

I bought a laptop from currys back on January 28.

The screen became faulty within 2-3 days.

I went back to the store and spoke to one of the people.

He tried a few things such as resetting it etc but it didn't work.

He then advised me to send it back to their main warehouse with a copy of the receipt and they would either replace or refund it depending on if they could fix it and had stock available or not.

I sent it back and it was signed and delivered and they came back saying a refund would be issued within 3-5 days but it was never issued. (I kept records of these conversations).

I then got back in contact with the SCC people who then said that they never received it.

I supplied the courier's GPS evidence but they remained of the same position that they never got it.

I took it to their ADR partner but as seems to occur a lot, ADR went in their favour.

Attached is claim form - Sorry this wasn't up earlier I'm not sure why I didn't initially post it.

 

 

Claim form (P1 redact).pdf

[BankFodder]

Who is the so-called ADR partner?

Why did you consent to it and how were the proceedings conducted

[jk2054]

Hi BF,

It was CDRL.  I consented to it because I'm aware the courts favour people trying ADR before going to court. The proceedings were conducted in writing as all CDRL cases are.

 

Hope this helps

 

 

[BankFodder]

I'm not aware that they favour ADR in that way.

Please can you post up their findings which presumably must be in writing. In PDF format please

[jk2054]

Hi, 

 

See attached - unfortunately because it fails they don't say much

1694757873 - Outcome redacted.pdf

[jk2054]

They submitted their DQ and agreed to mediation so I will go to mediation and see how it goes.

 

Hopefully you've received the donation I sent.