Currys Laptop return refusal after notification of cancellation under CCRs

Jakg

zenmaster wrote: »

Click and collect?

If so, this is not a "distance contract" as defined in the CCR therefore the cancellation rights do not apply.

They paid for it online. In this instance the shop just asks a delivery point - in the same way you can pick up an Amazon order from your local cornershop.

Bond76 wrote: »

Your opinion - as in my reply to fozmcfc: how has it diminished in value significantly if I can restore it to factory?

If you had a choice when buying the laptop between "brand new, sealed" and "open box, customer return" at the checkout, the only reason you'd of chosen the latter is if it was cheaper.

To actually shift the returned unit, they will end up having to sell it for less.

neilmcl wrote: »

That would probably happen whether the OP turned the laptop on or not.

If it was sealed it would simply get sent back out with no testing.

burlington6

Plot twist, the OP has purchased a laptop they like but is ''horrified'' to find out the said laptop has been used and returned previously.

SuperHan

You've not just turned the laptop on to see it, you've connected it to the internet, which opens up a whole host of you-don't-actually-know-what-might-be-on-there-any-more issues. You can't do this is in store, and where you can the laptop is usually running some form of deep freeze demo that will soft reset it every time the screen saver starts to prevent anything being stored on there.

Also, as an aside, I would also complain directly to PC World as well as using the Resolver tool. The stores are having some issues in people complaining via Resolver means that the company doesn't get the customers contact details, and so it makes it very difficult to liaise directly to solve problems. A direct complaint may get an earlier response for you.

Bond76

Latest reply from currys Customer support (via resolver.co.uk)

As advised on several occasions, when placing a order online you have the right to open the goods but no use the goods. If you choose to use the goods this invalidates your right to return the product. As such, your request to return the item has been refused.

As we have advised you of the company position in our previous responses, we will be unable to support with a further response. If you still remain dissatisfied, you have the right to seek third party advice from a consumer body such as the Citizens Advice Bureau or Trading Standards.

Invalidates my rights huh? - Garbage.

So - Letter going in the post soon along with a Letter Before Action.

Here is a draft:

Dear Customer Service Team,

Thank you for your response again on this.

I don't appear to be making myself heard regarding your legal obligation in this matter. You can't refuse my return under Consumer Contract Regulations now that I have given you notification of cancellation within the cooling off period. Continually falling back on your unfair terms and conditions as a reason for refusal is unlawful.

You may decide to reduce the refund owed to me if you assess that my handling has been unreasonable and that this has diminished the value. However, the fact that after 7 points of correspondence you have failed to even suggest that this is the case greatly concerns me.

Misleading consumers about their rights can amount to a criminal offence, so may I suggest you check your position with a legal adviser before responding further on this matter.

Sincerely,
Me etc.

Feedback on the above before I send it would be appreciated.

Thanks all.

wealdroam

Bond76 wrote: »

Latest reply from currys Customer support (via resolver.co.uk)



Invalidates my rights huh? - Garbage.

So - Letter going in the post soon along with a Letter Before Action.

Here is a draft:



Feedback on the above before I send it would be appreciated.

Thanks all.

I wouldn't bother sending that. They have already said they are not going to respond further. Go straight for a letter before action.

CoolHotCold

Bond76 wrote: »

Latest reply from currys Customer support (via resolver.co.uk)



Invalidates my rights huh? - Garbage.

So - Letter going in the post soon along with a Letter Before Action.

Here is a draft:



Feedback on the above before I send it would be appreciated.

Thanks all.

Just a quick note, "Invalidates your right to return" is different to "Invalidates your rights".


I would quote the following two parts back to them in the LBA.

Section 34 Paragraph Nine

If (in the case of a sales contract) the value of the goods is diminished by any amount as a result of handling of the goods by the consumer beyond what is necessary to establish the nature, characteristics and functioning of the goods, the trader may recover that amount from the consumer, up to the contract price.

and then

Section 34 Paragraph Twelve

For the purposes of paragraph (9) handling is beyond what is necessary to establish the nature, characteristics and functioning of the goods if, in particular, it goes beyond the sort of handling that might reasonably be allowed in a shop.

As quoted from the actual body of the CCR available http://www.legislation.gov.uk/uksi/2013/3134/made

To me, opening and turning on a laptop to inspect certain elements such as screen viewing angle, brightness, colour reproduction, sharpness, would fall under the above two paragraphs and so returning a laptop would not be outwith the CCR's.

Bond76

A very (potentially) interesting update relating to my Section 75 claim with my Credit Card Company over this.

I spoke again to them today following on from a reply from Citizens Advice.

This is part of the Citizens Advice reply:

In addition when you pay for something using a form of credit you may hold the credit provider equally liable under section 75 of the Consumer Credit Act 1974 (providing the purchase amount is over £100 and under £30,000) if there is a breach of the CCR’s. We would suggest contacting your credit card company and ask them to send you the relevant forms.

However, when I outlined this again to my Credit Card Company they stated that the Section 75 claim would not be upheld due to the Trader being in breach of STATUTE (i.e. the CCRs), rather than in breach of CONTRACT.

Aren't the sale of goods governed under Consumer Contracts Regulations exactly that? Contracts?

Because I asked for this in writing, My Credit Card company will now go through the motions of proceeding with a Section 75 Claim even though they said they already knew the outcome (denied).

Maybe others could shed some light on this? I haven't seen this mentioned in any Section 75 guides / FAQs.

Mmm...

unholyangel

I'd call your card companies bluff and tell them if its just going to come back denied, issue a letter of deadlock now so you can refer the matter to the financial ombudsman.

Card companies have previously rejected claims that are clearly covered by CCA - so their rejection in itself doesn't mean much. They still tell customers they won't get involved unless the customer has exhausted all avenues with the retailer - despite the ombudsman making it clear in previous rulings that the customer doesn't even need to approach the retailer given the card company are jointly and severally liable.