Taking Currys to the small claims court

plumb1_2

Your views and opinions please,i know it s long:o

Bought a Tv from currys online 20/3/05 delivered 26/03/05, upon checking the tv found it keep looseing channels 3 and 4,when on digital,been checking up on various sites and found this to be a problem with these Sony TV,s.
So under T&C distance selling i went into my local currys to return it(as stated in currys T&C return to any shop).Manager refused to take it,saying oh no no internet sales,you have to phone them.
Made several calls to currys,you will have to have it repaired,oh no i wont i would like a refund(T&C)
I have phoned them 12 times,keeping a log of all calls.
29/03/05 wrote to currys head office and curry online about this,head office replyed,I have pasted your request to online sale and a Ms M**** will contact you.
05/04/05 letter from online sales,quote- it appears you have been miss- advised,i will arrange head office to arrange collection,please contact me on 0870*****. Phoned again,was informed Ms M*** does not take phone calls and,well could you ask her to contact me,cant do that as she doesnt phone customers:mad:
06/04/05
Sent a letter to Ms M***,stating all the logged calls i have made,and informing them,as from the 13/04/05 i will be charging them £10 per day storage,untill this matter is resolved
13/04/05 Sent them a invoice for £50+ expences=£75.80 and informing them i will seak payment through the small claims court,and will expect them to turn up,ie Store manager,internet sales customer care and manager from head office
13/04/05 informed Credit card company and they are looking into this,dont hold much into it,as it is not a disputed item,ie return,but they have put the item into dispute and i temperaly dont have to pay.
22/04/05
Recieved a phone call from my local store manager,saying sorry about all this,fetch the tv back to us and we will refund you C/Card.What about my phone calls £30 and cost of recorded delivery 4 letters etc?
Ok i will pay you £40 out of petty cash and refund your C/Card.
Ok i will fetch it back on sunday
Same day recieved a phone call from currys transport asking when can we pick the TV up .Sunday i said.Oh we cant this sunday to short notice,we can do it next sunday(seems strange pickup on sundays)leave it i informed them.

(1)Now my question is,shall i hold out for the storge cost(invoice£50)+this weeks storage£70+ calls and letter cost,total 150
(2)
Just take the TV back and get a refund +£40 cash
(3)
I would rely like some compensation for all the hassle,stress,no Tv for nearly 4 weeks,would the court allow me to claim this?
(4)
What fees would be involved taking them to court and would i have a valid claim

Rebecca22

Hi,

Not sure about the rest of it but I know that you can only claim for actual losses in the small claims court, not for hassle stress etc.

Freebie_Hunter_2

You're lucky they have offered you the £40 - take it and cut your losses. Courts don't look on people who are seeking compensation for 'hassle and stress' very lightly and often see it as a way of getting money out of a company.

Even though the company has given you bad service, they are only obliged to either refund or replacement.

Small claims court only deals with claims for losses anyway so you'd need to go to a different level for the compensation.
As for storage - I woudn't waste your time. The only thing you're out of pocket from is a u/s TV. Yoyu aren't paying for it to be stored anywhere and if you were they would argue that you had room for the TV and you didn't buy another one, so why would you put it in storage anyway?

As I said, take what they're offering and get them to pick up the TV. Put it down to bad experience and buy a new TV from somewhere else.

Debt_Free_Chick

Don't sweat the small stuff

Your problem's been solved. They're giving you an extra £40.

Life's too short

Bossyboots

I'm with Freebie Hunter here.

Also, have I read your post right that you have refused to allow them to pick up the TV next Sunday? If so, then even if you had a case for compensation/storage charges (which to be honest I think you would have a hard time convincing a Court of), you have harmed that by refusing the pick up unless you have a really good reason for doing so which you should have explained to them at the time.

I would take what has been offered, assuming that offer still stands.

Paul_Varjak

Company's like Currys, MFI etc seem to get themselves a bad name for misinterpreting the law. Still, they have now owned up to their obligations and offered you another £40 to boot. OK, you have a bit of hassle, but it would be a lot more hassle taking it to court and I don't think you have a valid claim anyway. If that is the case you would proabably have to pay court fees as well!

Just put it down to experience, safe in the knowledge that others on MSE will not now be given the 'rub off' by Currys and the like!

plumb1_2

Took the TV back today,and blagged them for another £10,so i got £50.
As for refuseing a pickup sunday,i didnt,i asked for next sunday.
And for the fees to the small claims court,i think its below £50 anyway,and would have also tried to claim that back.It cost firms like currys alot to send a solicitor to court to defend themselves,and most settle out of court.
Only took it back because of ear-ache from Her-indoors(much wiser)
Anyway i am still sending another letter to currys head office asking for payment for the £50 storage invoice,and informing them payment is req within 5 working days,or i will pass the debt to a collection agent,Dont think i will get it,but worth a stamp.
Dont let these big boys,trample on us small ones.
Will up-date you if i get paid;)