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  • FIRST POST
    • St.Exmin
    • By St.Exmin 14th May 17, 9:24 PM
    • 7Posts
    • 0Thanks
    St.Exmin
    How best to get compensation above the refund
    • #1
    • 14th May 17, 9:24 PM
    How best to get compensation above the refund 14th May 17 at 9:24 PM
    My partner and i bought a laptop computer from a Curry's/PC World store. They didn't have any of the model we wanted in stock, so we paid for it (via debit card) and was told it would be ready to pick up in five working days.

    Five working days we collect the item. We get it home and notice the seal from the manufacturer has already been broken. Opening it of the three things that should be included, the laptop, a power cord, and an adapter, only the laptop is there, the other two are missing.

    Inspecting the laptop we notice small scratches and signs of wear and tear. It occurs to us this could be an ex-display model.

    We phone the Currys main phone line, explain and they say we can return it to any store for a refund.

    We do this, and get the refund transferred to the bank, but we want compensation for the wasted journey to the store that sold us the useless/miss-sold product ( a journey of 15 miles there and back) and for the time taken to go to this nearer branch - this branch was nearer but still required driving to and was a waste of a couple of hours. We are offered £20 in gift vouchers.

    We do not want gift vouchers, we just spent £340 in Currys on several items, need nothing else, and what can you buy in Currys for £20 anyway? We are told that it is unlikely we will be offered anything other than gift vouchers. The store manager agrees that it seems like an ex-display model from the wear and tear, but won't put anything in writing. We have her name though,

    One of the store managers conveyed our wishes over the phone to head office and we have a claim number to phone them and see what we can sort out, and this should be done asap.

    The most egregious thing we feel is the miss-selling, it seems unlikely to be due to an accident or negligence - somewhere between the store and a warehouse or somewhere, somebody decided to put a display model in a box and pass it off as a new model. Currys mis-sold us the item, and we would like compensation for the journeys and time in money not gift vouchers. We also want an amount (£30-£50 maybe?) compensation for the borderline illegal act of selling us an item as brand new when it turned out to be a ex-display model.

    So i am looking for tips on how to ask for this compensation and any laws or regulations we can name that would entitle us to compensation - the Consumer Rights Act would give us a refund, but we have that.

    Our thoughts are that if they will not budge there is the Office Of Fair Trading or the Ombudsman (which one?) but I'm not clear about the process and their powers, so would appreciate any advice.

    Thanks.

    ps Oh one more thing, both of us have disabilities that make walking painful, so this added to the stress and discomfort of having to make the two extra journeys (the first I cannot blame Currys for), that leave us now back where we started, with no laptop.
    Last edited by St.Exmin; 14-05-2017 at 9:27 PM.
Page 2
    • Manxman in exile
    • By Manxman in exile 15th May 17, 11:33 AM
    • 861 Posts
    • 577 Thanks
    Manxman in exile

    Read the thread I said I already conceded that.

    Originally posted by St.Exmin

    But in the post immediately preceding the one you quote you say it was mis-selling(?).
    • Ganga
    • By Ganga 15th May 17, 2:01 PM
    • 736 Posts
    • 359 Thanks
    Ganga
    The item was not available anywhere online for the same price. It is now a hard model to locate, apparently. There were a couple on Amazon but they were £50 more expensive. Currys had it, and at the cheapest price. We now have bought the item from Amazon, at the higher price.
    Originally posted by St.Exmin
    So are you expecting to get £50 compo?
    ITS NOT EASY TO GET EVERYTHING WRONG ,I HAVE TO WORK HARD TO DO IT!
    • mije1983
    • By mije1983 15th May 17, 8:15 PM
    • 2,561 Posts
    • 18,336 Thanks
    mije1983
    I never said I was taking anyone to court
    Originally posted by St.Exmin
    Not directly, but you asked

    any laws or regulations we can name that would entitle us to compensation
    Originally posted by St.Exmin
    There is none. Your only option if Currys won't give you your 'deserved' compensation is to take them to court. So your options are to take them to court as you are adamant about getting £50 in cash, or move on with your life!



    Read the thread I said I already conceded that.
    Originally posted by St.Exmin
    Yet in your very next post after seemingly 'conceding' that, you stated

    I think the miss-selling is a bigger issue.
    Originally posted by St.Exmin
    so clearly don't concede it at all!

    • custardy
    • By custardy 15th May 17, 8:29 PM
    • 32,494 Posts
    • 27,243 Thanks
    custardy
    I said it was unlikely to be an accident. Can you seriously imagine a situation where someone 'accidentally' takes an ex-display model and puts in a box that is intended for brand new items?
    Originally posted by St.Exmin
    Picked up an Xbox play & charge kit the other day.
    Had the circle security thing on it.
    Got out to the car and thought it was a little light.
    Turns out it was an empty box. replaced without fuss but someone sealed the box with a security tag.
    • mije1983
    • By mije1983 15th May 17, 8:51 PM
    • 2,561 Posts
    • 18,336 Thanks
    mije1983
    Picked up an Xbox play & charge kit the other day.
    Had the circle security thing on it.
    Got out to the car and thought it was a little light.
    Turns out it was an empty box. replaced without fuss but someone sealed the box with a security tag.
    Originally posted by custardy
    I hope the retailer gave you some £s compensation as clearly they were trying to scam you!

    • daytona0
    • By daytona0 15th May 17, 11:04 PM
    • 2,237 Posts
    • 2,662 Thanks
    daytona0
    ps Oh one more thing, both of us have disabilities that make walking painful, so this added to the stress and discomfort of having to make the two extra journeys (the first I cannot blame Currys for), that leave us now back where we started, with no laptop.
    Originally posted by St.Exmin
    Order from Currys/PC World online or another website then....

    Interesting that you also state:

    We phone the Currys main phone line, explain and they say we can return it to any store for a refund.

    We do this,
    Now... if you have a disability which makes walking painful (did you walk far from your house to the car, and then from the car to the store?) then surely you stated this to them on the phone at the time and asked for extra assistance?

    Doesn't sound like you did! You'd probably have made a point about that in your post... something along the lines of "I asked Currys to pick up the laptop because of our disability but they refused". That would give some further credibility to your disabled point.

    So I do wonder whether Currys actually knew about your disability and whether you actually gave them a chance to accommodate it.... Not really buying into that to be honest.

    So I don't think that your point about being disabled has any weighting on the situation at hand. I think you just tagged it on because you are treating it as a sort of discount card which entitles you to more money back.

    Plus, you don't have a clue what your rights are! Because, sadly, you don't have a clear cut case! Technically you've only really got the Small Claims court and I don't think you could put a price on compensation here because its just one of those things which occasionally happen in life! Personally I would be snapping their hands off for a gift voucher and a full refund because life is too short!

    Good luck in getting an improved offer, I suppose that it is worth trying though!
    • Moneyineptitude
    • By Moneyineptitude 15th May 17, 11:20 PM
    • 19,542 Posts
    • 9,644 Thanks
    Moneyineptitude
    Empty boxes, display items and returned items. I've seen them all accidentally returned to the shelves.

    Demanding "extra" compensation for such routine errors is churlish in my opinion.

    £20 for the round-trip to return and exchange the item is generous, regardless that it was in the form of a gift voucher.
    • peachyprice
    • By peachyprice 16th May 17, 8:10 AM
    • 18,623 Posts
    • 42,786 Thanks
    peachyprice
    I said it was unlikely to be an accident. Can you seriously imagine a situation where someone 'accidentally' takes an ex-display model and puts in a box that is intended for brand new items?
    Originally posted by St.Exmin
    Quite easily. Item is on display, item is taken off display when newer models arrive, item gets put back in it's box and put on a shelf in the store room, item shows as 'in stock' on their system, you order item, someone goes to the store room and picks up the item without checking the seals and send it to the other store for you to collect, you don't check the item before leaving the store.

    A far more likely scenario than someone at Curry's thinking they could get away with selling you a used item when there are parts missing.

    You're peeing in the wind if you think you're entitled to or will get compensation for human error, even if you do throw in the disability card.
    Accept your past without regret, handle your present with confidence and face your future without fear
    • custardy
    • By custardy 16th May 17, 10:03 AM
    • 32,494 Posts
    • 27,243 Thanks
    custardy
    I hope the retailer gave you some £s compensation as clearly they were trying to scam you!
    Originally posted by mije1983
    I am currently in negotiations, as I felt the Learjet was a paltry first offer.
    Last edited by custardy; 16-05-2017 at 10:09 AM.
    • macman
    • By macman 17th May 17, 1:45 PM
    • 41,320 Posts
    • 16,984 Thanks
    macman
    It's possible of course that someone stole the mains lead and adaptor...
    But of course, the real point of all this is: don't shop at Curry/DSG. Their reputation as the UK's worst retailer wasn't earned for nothing. Having said that, their goodwill offer was perfectly fair; expecting compo for consequential loss will need you to make a formal claim via the courts.
    No free lunch, and no free laptop
    • SouthUKMan
    • By SouthUKMan 17th May 17, 9:18 PM
    • 324 Posts
    • 244 Thanks
    SouthUKMan
    This really does sound like a stupid but honest mistake on the part of Currys. There is no way that a major retailer would deliberately try to pass off an ex-display model with key parts of the package missing as brand new. They have already done the decent thing and refunded the purchase price as well as offered compensation - although I think £20 for the hassle you've had is a little low. £30 - closer to 10% of the price paid - would sit a little more comfortably with me, though of course any compensation is entirely discretionary. This has all the hallmarks of a silly but genuine error by the retailer, and your response the hallmark of the "something has gone wrong therefore we demand compensation" culture. We have to pick our battles - from what I've read, this isn't one of them.
    • mo786uk
    • By mo786uk 19th May 17, 4:49 PM
    • 1,345 Posts
    • 571 Thanks
    mo786uk
    Simple fact is Currys were in breach of contract and they should compensate you for your losses - the most easy to define will be for your costs in travel - I suspect you will find time much harder to claim costs for time and 'stress'.

    I reckon (without further details) that a £20 cash payment would likely to have been enough to cover your return travel cost.

    It would be done straightforward under traditional contract law and in the small claims court.

    Currys may be a member of a voluntary Ombudsman or if you paid by credit card you could look at s75.
    • mije1983
    • By mije1983 19th May 17, 5:00 PM
    • 2,561 Posts
    • 18,336 Thanks
    mije1983
    they should compensate you for your losses - the most easy to define will be for your costs in travel
    Originally posted by mo786uk
    The OP has already been told this a number of times, but seems to be ignoring the advice and insistant on getting more compensation that they think they deserve.

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