Currys

neilmcl

Did you actually file a small claims against them or did they sort it via their complaints dept?

L1sa_2

the complaint didn't go anywhere, they just kept telling me i can only get it repaired so I took them to court

bod1467

Did they contest it, or was it a default judgement?

CoolHotCold

More than likely Currys settled once they got the notice of court action.

I'm dubious to if a judge would see it from any side, as you asked for advice in store on what to do if theres a vibration, the staff member might of said let it settle and see what happens, if it doesn't change come back, (again you have no proof you contacted them or the staff member even said that) except for 6 weeks later when you got recorded evidence that it was faulty.

If I was a judge, I'd probably rule in the shops favour as you have no proof of what was said, and it would set a dangerous precedent on future cases that sides with the consumer without having to provide any tangible proof.

somethingcorporate

CoolHotCold wrote: »

More than likely Currys settled once they got the notice of court action.

I'm dubious to if a judge would see it from any side, as you asked for advice in store on what to do if theres a vibration, the staff member might of said let it settle and see what happens, if it doesn't change come back, (again you have no proof you contacted them or the staff member even said that) except for 6 weeks later when you got recorded evidence that it was faulty.

If I was a judge, I'd probably rule in the shops favour as you have no proof of what was said, and it would set a dangerous precedent on future cases that sides with the consumer without having to provide any tangible proof.

That level of court (county court) does not set precedents.

L1sa_2

CoolHotCold wrote: »

More than likely Currys settled once they got the notice of court action.

I'm dubious to if a judge would see it from any side, as you asked for advice in store on what to do if theres a vibration, the staff member might of said let it settle and see what happens, if it doesn't change come back, (again you have no proof you contacted them or the staff member even said that) except for 6 weeks later when you got recorded evidence that it was faulty.

If I was a judge, I'd probably rule in the shops favour as you have no proof of what was said, and it would set a dangerous precedent on future cases that sides with the consumer without having to provide any tangible proof.

when I returned to the store for and exchange and asked advice on this the chap lied to me I was lucky there were other people who were there.
if the chap did not lie to me I would not have left the store without an exchange which I had asked for. (misleading action)
this was the point I argued on. they stretched it out till 3 week before the court day.
they kept saying they will rely on well established case law to help their case. when my solicitor asked them "what case law would possible help you in this matter because I am unable to locate any so please can you disclose which case law you will be using as a defence", they settled

somethingcorporate

Yep, which confirms it doesn't put you in the right.

The almost certainly made a commercial decision that it costs a lot of ££ to fight (probably £5-10k) or just an extra couple of hundred between the repair costs and the cost of replacement to make you go away.

L1sa_2

somethingcorporate wrote: »

Yep, which confirms it doesn't put you in the right.

The almost certainly made a commercial decision that it costs a lot of ££ to fight (probably £5-10k) or just an extra couple of hundred between the repair costs and the cost of replacement to make you go away.

why am i in the wrong

somethingcorporate

Your other thread that you started this morning said you you received incorrect advice as to your consumer rights on this thread. The course of events does not represent you asserting your consumer rights, only that the company paid out to make you go away in a cost effective manner for themselves. These are two different things.

I am glad you got the outcome that you wanted though, that is the main thing.

CoolHotCold

He didn't say you were wrong either.

what he indicated was you didn't win any court case.