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Small Claims Court - Currys Electrical?

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  • Steer73
    Steer73 Posts: 93 Forumite
    This just seems wrong. Can you not just return the product under Curry's own standard 21 days returns policy? Link here:

    http://www.currys.co.uk/gbuk/returns-cancellations-1043-theme.html

    I guess they will say that it has been used - but that would seem a cheap argument in the circumstances.
  • SuperHan
    SuperHan Posts: 2,269 Forumite
    Part of the Furniture 1,000 Posts
    Steer73 wrote: »
    This just seems wrong. Can you not just return the product under Curry's own standard 21 days returns policy? Link here:

    http://www.currys.co.uk/gbuk/returns-cancellations-1043-theme.html

    I guess they will say that it has been used - but that would seem a cheap argument in the circumstances.


    Given that Curry's refund policy is just for unopened or faulty good, probably not.

    Unopened goods can be sold, and faulty goods will likely be reimbursed by the manufacturer. In this instance they would be stuck with an oven they can't sell, so unlikely that they would take back under this policy.
  • SuperHan
    SuperHan Posts: 2,269 Forumite
    Part of the Furniture 1,000 Posts
    Also, with the link posted by Sooler, bear in mind that glass can operate at 60 degrees above room temperature, and touching 60 degrees for 3 seconds will give a second degree burn, and 70 degrees can burn instantaneously. And it's probably unlikely that ambient temperature will be < 10 degrees in a small kitchen with an oven on.

    I'm just conscious you may be throwing good money after bad!
  • adandem
    adandem Posts: 3,592 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I had a similar problem with a Stoves cooker a few years ago. The handles got so hot that they were unusable, it took a while but I eventually got my money back.
  • SuperHan wrote: »
    Given that Curry's refund policy is just for unopened or faulty good, probably not.

    Unopened goods can be sold, and faulty goods will likely be reimbursed by the manufacturer. In this instance they would be stuck with an oven they can't sell, so unlikely that they would take back under this policy.

    It's so frustrating, unfortunately the only way for mum to know this cooker was unsuitable was when the package was already opened. In which case their refund policy doesn't apply. :(
    SuperHan wrote: »
    Also, with the link posted by Sooler, bear in mind that glass can operate at 60 degrees above room temperature, and touching 60 degrees for 3 seconds will give a second degree burn, and 70 degrees can burn instantaneously. And it's probably unlikely that ambient temperature will be < 10 degrees in a small kitchen with an oven on.

    I'm just conscious you may be throwing good money after bad!

    True but small claims isn't too much and I'll be paying the court fees for mum. Hopefully the judge will make the decision based on "suitability" if it's too dangerous for mum to use and she has never used it then the judge will hopefully get Currys to rectify the situation or give mum the money back and take back the unusable goods...
    adandem wrote: »
    I had a similar problem with a Stoves cooker a few years ago. The handles got so hot that they were unusable, it took a while but I eventually got my money back.

    Thank you, that's really good to know! :)
    :heart::heart: Now "Newly Married" & extra happy! :heart::heart:
  • tomtontom
    tomtontom Posts: 7,929 Forumite
    You do understand that judges can only decide cases based on the law?
  • bod1467
    bod1467 Posts: 15,214 Forumite
    tomtontom wrote: »
    You do understand that judges can only decide cases based on their interpretation of the law?

    Fixed that for you. ;)
  • swingaloo
    swingaloo Posts: 3,493 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 24 November 2014 at 8:46PM
    Im 63 and have had my oven just over 12 months. If I touched mine when it is on I would get burnt. I don't understand how all those people at the exercise class could all think all ovens were now cool to touch.


    Im also confused as to why she would burn her hand so badly from touching the oven front. Surely if the door was so hot you would be able to tell before actually putting your hand onto it and most people would touch lightly with the back of the hand, not place a palm on it. The natural response when something is hot is to clench your fist and pull away from the hot object.


    I think this may be buyer remorse and its because its a galley kitchen that the oven isn't suitable.


    The oven may be unsuitable for your mum but that isn't the shops fault, they cant be responsible for peoples choices.


    My last vacuum cleaner was an upright, my new one is not and too be honest its not really suitable for me as I find it much more difficult carrying up and down stairs. But I made the wrong choice, there is nothing wrong with the function, I just don't like it but that doesn't make the shop responsible.


    If they were to take the oven back, how would they sell it again as a 'used' item.
  • muckybutt
    muckybutt Posts: 3,761 Forumite
    Part of the Furniture Combo Breaker
    Trouble is now the op has it in her head it's the shops fault where in reality it isn't.

    We could tell her this until the cows come home but as seen the op has a distinct dislike of Currys so want's her two penneth of blood from them, unfortunately I can't see the County Court or Currys agreeing with her arguement.

    Fact is a bad choice was made, mistakes happen, the shop staff can't and won't know every product inside out and back to front that would be impossible. I am afraid you are going to have to take this one on the chin and suck it, either use the oven with the guard in place as has been mentioned or sell it at a loss probably and buy a more suitable one - sorry ! truth is sometime a hard pill to swallow
    You may click thanks if you found my advice useful
  • Poppy9
    Poppy9 Posts: 18,833 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    swingaloo wrote: »
    Im 63 and have had my oven just over 12 months. If I touched mine when it is on I would get burnt. I don't understand how all those people at the exercise class could all think all ovens were now cool to touch.


    Im also confused as to why she would burn her hand so badly from touching the oven front. Surely if the door was so hot you would be able to tell before actually putting your hand onto it and most people would touch lightly with the back of the hand, not place a palm on it. The natural response when something is hot is to clench your fist and pull away from the hot object.


    I think this may be buyer remorse and its because its a galley kitchen that the oven isn't suitable.


    The oven may be unsuitable for your mum but that isn't the shops fault, they cant be responsible for peoples choices.


    My last vacuum cleaner was an upright, my new one is not and too be honest its not really suitable for me as I find it much more difficult carrying up and down stairs. But I made the wrong choice, there is nothing wrong with the function, I just don't like it but that doesn't make the shop responsible.


    If they were to take the oven back, how would they sell it again as a 'used' item.

    I think OP was saying her mother fell against it and perhaps with not much room couldn't move away quick enough.

    Agree it's buyers remorse unless she gets independent inspection to say the glass gets too hot and can be dangerous. This could be money down the drain though. I would sell on if I didn't want guard in place.

    OP could replace with a counter top Halogen cooker which is great quick and cheap to use. Rather than waste time pursuing Curry's she could spend £40 and help her mother use a different type of cooker because if she's frail like OP says this will save her bending.

    PS re your hoover. I made this mistake once so bought a second cheaper hoover and kept one upstairs and one downstairs
    :) ~Laugh and the world laughs with you, weep and you weep alone.~:)
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