currys whateverhappens contract breach

lee2009

Today i came across article about currys and how they aimed to improve their customer services the following is the link.

I have already put on a letter i have sent to trading standards after they requested it the following is a the e mail i received from keith jones


Thank you for your email dated the 18th May 2009 addressed to Nick
Wilkinson, Company Director. As current Group Retail Director it is
appropriate that I respond.

Your comments have been noted regarding the numerous repairs and the
request for a 21 day rule write off. Please accept my apologies for the
inconvenience caused in this matter. Having checked with The TechGuys and
whateverhappens Customer Services I can confirm that the television cannot
be written off for the 21 day rule. May I advise you that the 21 days can
only be claimed, if eligible, when a repair has exceeded the time limit
without any gaps. The repair history shows that several gaps of over 7
days without access or bookings have occurred and numerous appointments
have been cancelled. Please note also that the television cannot be
written off for the 21 day rule in the future for the fault reported. This
is due to the terms and conditions stating that a replacement will not
apply if the item is still operational and safe to use, which The TechGuys
have advised is the case.

With regards to the current repair this has been arranged with The
TechGuys and they are currently awaiting an appointment. This was booked
for today but I can see that this has been cancelled and rearranged for
Friday. For further information regarding the repair please contact The
Tech Guys directly on 0844 800 3060.

I appreciate my decision on this matter may not be to your satisfaction,
although I trust it serves to clarify the company position on this
occasion.

Yours sincerely,

Keith Jones
Group Retail Director

I have sent a inviataion as stated above via e mail to keith jones i have inclluded the links to this page.

And also stated how amusing i found the article link above considering the how so many have found the opposite including myself not only the storys on here but on many sites.

Some of these sites are purely about currys poor service including website dedicated to getting a apology after such poor service.

i would like to state that i do not blame the staff for such service as they are just as much a victim as the people who have purchased electrical equipment from currys.

This clearly the fault of the managers and directors i particular who clearly have no disreguard for the consumer law in many cases and contracts they are supposed to honour.

Tozer

Its not a case of having "no disreguard" [sic] or any regard for consumer law. They have their view, you have yours.

If you feel strongly enough about it, you need to make claim in the small claims court.

lee2009

i was talking in general not just about my case but others i had read. Clearly they are in breach of contract.

Yes this is my next step (small claims court) however due to trading standards been involved i cannot as apparently they can do nothing if i take legal action.

I am going to take my contract into them as they have requested this, they inteersted in the 7 day rule as this isnt in the contract and they wnat to make sure this the case.

Im not sure what they can do ??? anyone know, but i do know that they are wrong to quote something that is clearly not in the contract surely that is a breach??

oh anyone who wishes to have the directors e mail address for complaints as this they only way you stand a chance in my opinion just let me know

DX-SFX

I believe the simple answer is that goods have to be fit for purpose. They have not supplied you with a properly working product despite many failed attempts at repair and you now want a refund. End of story.

Also your contract of sale is with the retail outlet you bought the goods from. They can't fob you off by saying that you have to seek a repair under guarantee from the manufacturer. You want a properly working item from the retailer or your money back. The retailer can argue the toss with the manufacturer/wholesaler once the faulty goods are in their possession using the same rules you are. Also your legal rights as a consumer overide any rights they try to get you to sign away.

lee2009

DX-SFX wrote: »

I believe the simple answer is that goods have to be fit for purpose. They have not supplied you with a properly working product despite many failed attempts at repair and you now want a refund. End of story.

Also your contract of sale is with the retail outlet you bought the goods from. They can't fob you off by saying that you have to seek a repair under guarantee from the manufacturer. You want a properly working item from the retailer or your money back. The retailer can argue the toss with the manufacturer/wholesaler once the faulty goods are in their possession using the same rules you are. Also your legal rights as a consumer overide any rights they try to get you to sign away.

i was originally told by the consumer advice that i should claim under sic however trading standards have said that i cannot as i have a warranty.

i ma in thinking that whether yoi have warranty or not may stataory rights are not affected? and therefore it would come under sic?

I have mentioned sic as i was advised to by the consumer people with response i got from the director above. Even consumer advice have said they adviced me wrongly as i have a warranty so sic does not apply.

Maybe someone could clear this up for me maybe i will try that route to seek replacement before court action which i am not looking forward to.

lee2009

The following is a reply to a e mail sent i have sent a reply listing sales of goods act. Having spoke on the phone they stated that they had not had reasonable time to fix the fault and therefore would not replace under the sales of goods act.

The company have had 4 opportunities to fix the same fault with no success i have alreday shown the dates nad times on this thread of which not including first 21st march 09 they have had 3 opportunties over a 25 day period of which tey didint turn uo for one and replaced a part two other times.

What is reasonable time? and in the opinions of whether who ever reads this on whether the time and opprtunities i have provided are reasonable time to fix before replacement?

Thank you for your e mail of todays date addressed to lord kalms , president of squaretail limited, who has asked me to reply on his behalf. I am very sorry to learn of the problems you have experienced with your Samsung ps42q96hd television. I understand the frustration and inconvenience you have suffered as a result.

Our records show the clicking noise that you have reported is intermittent. Despite the Tec guys replacing parts, it has not been established that a fault exists and appliance is still operational and safe to use. We have never refused to repair your television and all we are asking is for you to agree to a further appointment. Our intention is to identify what needs to be done to repair any fault, this does not mean they is grounds to b e replaced.

Under the terms and conditions of whatever happens the 21 day replacement guarantee is cumulative, each repair will re start the clock on th e21 days. Therefore none of the repairs that have been completed in less than 21 days will count towards the next one unless the customer reports back immediately. I believe this has been explained on a number of occassions.

I understand that a pick up had been booked for this Friday 22nd may 09 for the tech guys to assess your television again. There records show that you taking the matter further. I accept that your personal expectations have not been met in this matter, however however we have fully complied with contractual obligations of the agreement. Please accept my sincere apologies that we are unable agree to your request at this time.

Your sincerely
Pam Hudson
Executive correspondence

lee2009

Today i received a phone call speaking on behalf of lord kalms, they have as a goodwill gesture agreed to write the tv off.

They have apologised for their poor service and will be providing vouchers to purchase a new tv.

Im only sorry that i have had to go to such levels to a decent level of service.

Thanks to evryone who has taken the time to replt to this thread.

4743hudsonj

lee2009 wrote: »

Today i received a phone call speaking on behalf of lord kalms, they have as a goodwill gesture agreed to write the tv off.

They have apologised for their poor service and will be providing vouchers to purchase a new tv.

Im only sorry that i have had to go to such levels to a decent level of service.

Thanks to evryone who has taken the time to replt to this thread.

your not out of the woods yet

trust me


now you will have to fight to get the right value of vouchers


you need to look up all of the specs of your old tv and when they send you the vouchers, look online on currys and look for a tv with all the specs that you have (the cheapest one) with a similar or same brand (ie if you had sony they shouldnt give you a cheap logic one or whatever they are).

If the spec you need cost more than the vouchers, when you go into the store you need to say this and they will have to check on the system for what you bought (take your reciept etc) and look at their products for matching specs that they will spend up to an hour on the phone trying to approve extra voucher codes to get you the tv

remember

the point of this is to get you in the same situation where you were before or better!

lee2009

yes this is very true they have offered 649.99 when i paid 999.99 i have started a new thread headed getting vouchers for replacement of tv.

Have a look tell me what you think cheers

4743hudsonj

lee2009 wrote: »

yes this is very true they have offered 649.99 when i paid 999.99 i have started a new thread headed getting vouchers for replacement of tv.

Have a look tell me what you think cheers

yeh well some douch is arguing with me despite me being the well of knowledge with currys write offs

forget the value of what you bought and the vouchers, think of them as vouchers for a simple like for like tv, it doesnt matter if the tv is £2000

it has to have the same specs


obviously they will try to fight this and it will need to be pushed but you will win

after all it is a contract. pm me for more info or further advice based on my experience.