Thinking of trading in your old tv for a Sony at Currys..think again, they lost mine!

Esqui

vyle wrote: »

OP wanted a TV in place for the sky installation... I would wonder if the shop could have leant out a tv for the interim (that's what I would have done if I'd sold the tv).

They could have got it delivered next day - sure the branch would happily cover the cost of the next day delivery by way of apology.

Crazy_Jamie

kiddy_guy wrote: »

But if the onus to mitigate loss were to be burdened on the OP, the same onus is on the supplier.

The duty to mitigate loss is a legal duty on the Claimant. There is no equivalent duty on the Defendant; they are simple liable for recoverable losses that they cause. So no, the same onus is not on the supplier.

kiddy_guy wrote:

Ergo the time spent resolving this issue means that therefore the supplier needs to actually reimburse more than £100 as they have well and truly failed to deliver a resolution, wasting the OP's time.

There is also no legal basis whatsoever for recovering extra damages simply because it has taken a while for a resolution to be reached. So whilst I appreciate the inclusion of Latin phraseology in any argument, you happen to have used it in a completely baseless one here.

kiddy_guy wrote:

If they are selling for around £50 fon Ebay, the OP then has to wait for delivery. I would estimate delivery costs would be anywhere between £10 to £50 dependant on weight, plus the fact the OP would have to wait in (days salary).

I have already stated the two applicable arguments in response to this point; namely firstly that the OP would likely not be replacing the tv with any cash settlement, and secondly that there are much cheaper ways of doing so than getting one delivered from Ebay.

kiddy_guy wrote:

It may be the case that the TV is worth less than £100 but the fact is that that was deemed the acceptable value to both parties in form of trade in. As an agreed price, that is ultimately the value

I have also stated my response to this point many times in this thread. I do not intend to repeat myself again.

kiddy_guy wrote:

, and ultimately unless they wish to go to court, the value they will recompense the OP.

You could also flip this around and say that the OP must be prepared to go to court if he wants the full £100. Realistically neither party will want the hassle of legal proceedings, which makes a settlement the overwhelmingly likely outcome. It may be that Currys just pay out the £100 without any sort of resistance, and I wish the OP the best of luck in securing that outcome. But my point all along is simply that, in my opinion, Currys have perfectly valid grounds for offering a lesser settlement if the tv cannot be found. Whether or not they will take that route is down to them.

txjockey

Ok trading standards have advised me that Currys are in breach of contract over supplying the wrong tv. They have further advised I am being totally reasonable with my complaint and that £100 is fair compensation given it's highly unlikely I will get my old set back. They have also advised me to contact them again after 14 days if no resolution is made. I have also been informed I may have to go down the small claims route and that I may have redress from my credit card.

A rep from the MD's office has already contacted me following an electronic copy of the letter and is looking into things, I expect to hear more today. She has admitted the process for equipment recycling etc is poor and that things need to change.

Someone asked why I didnt go for a redelivery ? Simple, Sky would not install Sky HD without a HD set (although I know technically this is load of rubbish) Therefore I chose a TV from my local store which I picked up ready for Sky who installed the next day.

biscit

Got upset at the usual school-bully type yob throwing "grammar nazi" style insults at someone who had done nothing wrong.

Sorry.

marleyboy

txjockey

Just had another call from the Management Office, they have offered me £100 in vouchers. I turned this down on the basis Im tied to going back to them and also that I dont really have a need for anything extra. I was then offered a part refund onto my credit card but to get this I would need to go to Machester (some 50 miles away), I turned this down as well. In the end I have agreed to £100 credit as a BACS transfer into my bank account. I am waiting for this to happen but in the meantime I think Ive reached the outcome I wanted, which is good.

biscit

I like a good result.

stuartbelling

Not rubbish at all - unfortunately its all part of the 'don't let anyone fail, its bad for their self esteem culture'.

stuartbelling

Brilliant....humble pie

Crazy_Jamie

txjockey wrote: »

Just had another call from the Management Office, they have offered me £100 in vouchers. I turned this down on the basis Im tied to going back to them and also that I dont really have a need for anything extra. I was then offered a part refund onto my credit card but to get this I would need to go to Machester (some 50 miles away), I turned this down as well. In the end I have agreed to £100 credit as a BACS transfer into my bank account. I am waiting for this to happen but in the meantime I think Ive reached the outcome I wanted, which is good.

A good result, well done.