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Currys forced refund

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Just over two weeks ago I purchased a Sat Nav in a sale from Currys - it was over half price, boasting a saving of £170.99. However, I never got to try the unit because when I opened the box I found the car charger was broken.

All I wanted was a replacement charger but Currys said that I had to send the whole unit off, but not to worry. They said they would collect it on Tuesday and I would get a new one possibly by Wednesday but by Friday at the latest. At no time was the subject of a ‘refund’ mentioned in any way.

[FONT=&quot]They collected as promised on Tuesday and I waited in all Wednesday, Thursday and Friday. At Friday lunchtime they phoned me to say that they did not have a replacement or anything similar in stock and that I would have to have a refund. I said that I only returned the goods because I was promised it would be replaced by a new one, the possibility of a refund was never mentioned to me. I said that if they could not honour what they had agreed to do then at the very least they should sent it back to me and I'll try to get it fixed by the manufacturer. The woman laughed at me and said that my only option was a refund, because they had already sent my Sat Nav back to the manufacturer. Surely they have no right to do this, isn’t it still my property? The non-sale price is £319.99; surely they don’t have the right to purchase it back from me at the sale price (£149) without my consent, do they?[/FONT]
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Comments

  • smcaul
    smcaul Posts: 1,088 Forumite
    Nope, the property is still yours and as such you have the right to ask for it back or to be put in the same postion you were before you gave it over to them i.e. a satnav with out a working charger. Just tell them the above and let them know that if they do not comply then you will recover the cost for the same satnav unit minus the cost of a charger via moneyclaimonline (small claims court).
  • st999
    st999 Posts: 1,574 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    The non-sale price is £319.99;

    Demand a refund of the non sale price of £319.99. Don't be fobbed off with the price you paid for the sat nav. This is not good enough. If they don't refund you £319.99 take them to the small claims court.

    It is your right
  • Equaliser123
    Equaliser123 Posts: 3,404 Forumite
    st999 wrote: »
    Demand a refund of the non sale price of £319.99. Don't be fobbed off with the price you paid for the sat nav. This is not good enough. If they don't refund you £319.99 take them to the small claims court.

    It is your right

    That's not correct.

    The OP may have an action against Currys for the cost of the replacement charger - not a price which he did not pay.
  • Judas wrote: »
    You are entitled to a refund and nothing else if thats what they are offering.

    You rejected the original Sat Nav; at this stage they can repair,refund or replace. It is your choice but they can reasonably decline. Not having any more to replace it with is a reasonable reason to decline and you cant really "repair" a missing charger.
    car charger was broken.

    Can "repair" a broken one though ;)
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Can "repair" a broken one though ;)

    But if its not cost efficient, they can decline and choose to replace/refund.

    They have tried to replace and arent able to hence why they have offered a refund.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • smcaul
    smcaul Posts: 1,088 Forumite
    Judas wrote: »
    You are entitled to a refund and nothing else if thats what they are offering.

    You rejected the original Sat Nav; at this stage they can repair,refund or replace. It is your choice but they can reasonably decline. Not having any more to replace it with is a reasonable reason to decline and you cant really "repair" a missing charger.

    Actually, not once has the OP said they "Rejected" the satnav, they were informed that if it went for repair then it would be fixed or replaced, the option given by the retailer has to be acceptable to both parties.

    The device is still the property of the customer, so Currys have no right to do anything with it without the customers permission.
  • adam.mt
    adam.mt Posts: 381 Forumite
    Sounds like it's not good service, since I presume you'd have preferred to keep the 'faulty' device and buy a replacement charger yourself to fix it. However, it would appear to be legal, so the best I can recommend is a letter of complaint to head office. Probably better postal rather than e-mail too.

    And it's correct to say you're only entitled to the price paid, no more.
  • smcaul
    smcaul Posts: 1,088 Forumite
    But if its not cost efficient, they can decline and choose to replace/refund.

    They have tried to replace and arent able to hence why they have offered a refund.

    They have not offered anything, the have TOLD the op that all they will get is a refund, there is no offer in that!!
  • 4743hudsonj
    4743hudsonj Posts: 3,298 Forumite
    The issue here is clearly that its easier and cheaper for the op to get the sat nav back and source their own charger, i would do as others have said and go along the lines of them disposing of your property without your permission.

    If they wont, sue for expectation loss.
    Back by no demand whatsoever.
  • adam.mt
    adam.mt Posts: 381 Forumite
    Actually it would be worth checking what the price of an equivalent Sat Nav is. Going by some Dixon Group sales their 'half price' can be the current going rate (or more) anyway! Especially for an older model which most retailers with stock will also have reduced.
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