Curry's has lost Tablet in for repair. How much compensation?

Jakg

Valli wrote: »

Under the SoGA a company has the right to offer one of the following remedies - repair faulty goods, replace them or refund the purchase price.

Assuming the tablet is indeed lost then their offer to repair has failed so your remedies are now either a refund (NOT a voucher) or a replacement.

(I think)

So I wouldn't be accepting a voucher!

A voucher is effectively offering the customer an exchange of their choice - Currys / PC World very rarely offer an exchange (where you MUST take the same item again), and instead normally offer credit (i.e. you could go for something else if you want).

CoolHotCold

All that can be answered has been answered, since OP has not updated thread with anymore infomation (such as what Dock, what model of Tablet), then they repost the outcome they were probably corrected when they contacted the store regarding apps and docking.

arcon5

They are within their rights to Offer a replacement. Why will the docking station and other accessories be obsolete? They will surely offer a replacement of the same item so should be equally compatible...

Valli

Equaliser123 wrote: »

Not sure SoGA is relevant here. The fact is the item has been lost.

OP is entitled to be put in the same position he was in before it was lost - i.e. with the tablet.

Compensation would be replacement value.

But the OP took the tablet back and the company was offering one of the three remedies they are entitled to offer under SoGA.
As they have failed to fulfill the remedy they offered (repair, having lost the tablet) then they now need to offer one of the other two; they can't just say to the OP 'we were going to repair it, we've lost it, hard luck!' They are now NOT ABLE to repair so they MUST either refund or replace.

Valli

Jakg wrote: »

A voucher is effectively offering the customer an exchange of their choice - Currys / PC World very rarely offer an exchange (where you MUST take the same item again), and instead normally offer credit (i.e. you could go for something else if you want).

They tried to repair; they failed. An exchange is not a remedy under SoGA.
It either must be a refund or a replacement. A credit voucher is not a refund because it doesn't offer the OP a chance to buy the same item elsewhere.

wealdroam

Valli wrote: »

An exchange is not a remedy under SoGA.
It either must be a refund or a replacement.

Surely 'a replacement' and 'an exchange' are exactly the same thing, aren't they?

Asterisk

Thanks for all the useful advice here. The tablet is an android Advent Vega, which is no longer stocked by Curry's, in fact they don't seem to stock any Advent tablets anymore, so a like-for-like replacement isn't possible. That's why the docking station will be obsolete.

Equaliser123

Valli wrote: »

But the OP took the tablet back and the company was offering one of the three remedies they are entitled to offer under SoGA.
As they have failed to fulfill the remedy they offered (repair, having lost the tablet) then they now need to offer one of the other two; they can't just say to the OP 'we were going to repair it, we've lost it, hard luck!' They are now NOT ABLE to repair so they MUST either refund or replace.

Yes, I agree but as the tablet remained the property of the OP at the time it was lost, the remedy would not now be under the SoGA but would be a tortious remedy (not contractual under SoGA).

Different calculation of remedy but gets you more or less to the same result.

arcon5

Asterisk wrote: »

Thanks for all the useful advice here. The tablet is an android Advent Vega, which is no longer stocked by Curry's, in fact they don't seem to stock any Advent tablets anymore, so a like-for-like replacement isn't possible. That's why the docking station will be obsolete.

If its not an advent android they are supplying (as your lost one was) I think everybody would agree this is not like for like. Like for like would be then supplying something of similar condition and at most similar model number by same supplier.

It is of my opinion of they no longer stock this type of tablet, thus cannot replace the faulty item that they should be offering a partial refund. I can't see on what grounds they could argue this

custardy

OP,did you buy the dock with the tablet?
could make it simpler to get the whole lot refunded/replaced