PC World or Currys refunds

Orville

Maybe you could show us the correspondence related to the out of court settlement...? That would add further weight to your claims.

shaun_from_Africa

MarkWatson wrote: »

Two points on that - when they put a computer on display in a store, they have to do the exact same process. All you do when you go through that process is exactly what you would be permitted to do in terms of handing the goods to the extent one would do if one was testing them in a shop. The regulations say you can do this, and still get a full refund.
The other point is that, even if they are justified in making some kind of deduction, they are not within their rights to refuse an entire refund.

Just to expand on the parts in bold.
Yes, the retailer may go through the setup process but this doesn't mean that a prospective customer is entitled to do the same.

And your second point is simply wrong.
The "some kind of deduction" as you put it can be up to the full price paid.

CCR's
(9) 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.

MarkWatson

Orville wrote: »

Maybe you could show us the correspondence related to the out of court settlement...? That would add further weight to your claims.

No problem. How?

marleyboy

PC World\Currys would be my last choice for a computer of any speck...........Not at those prices.

Orville

MarkWatson wrote: »

No problem. How?

Umm scan it and upload to photobucket.

You can then link it here...

MarkWatson

shaun_from_Africa wrote: »

Just to expand on the parts in bold.
Yes, the retailer may go through the setup process but this doesn't mean that a prospective customer is entitled to do the same.

And your second point is simply wrong.
The "some kind of deduction" as you put it can be up to the full price paid.

CCR's
(9) 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.

Yes, that is exactly what a consumer can do - you can handle the goods to the extent you would in a shop. In order to do that you need to be able to., so the machine needs to be switched on and put in that state.

And as to your second point. No that is not correct, it would have to be a reasonable deduction. They can't just take whatever they like.

MarkWatson

This is what the letter to me said:

11th June 2015

Legal Services
Maylands Avenue Hemel Hempstead Herts HP2 7TG

Tel : 01 727 202030
Fax: 01 727 20392 7 (not for service)
Dx: 124022 Hemel Hempstead 4 Business hours: 8:45am - Spm (Fri 4:30pm )


WITHOUT PREJUDICE SAVE AS TO COSTS


Thank you for your letter dated 27 May 2015.

Naturally, it is a matter of serious concern and sincere regret for us to hear from a disappointed customer, and particularly one who has felt the need to issue legal proceedings. In an effort to resolve your claim swiftly, with due thought and appreciate, we would like to offer a refund of the purchase price of £219.99 and a reimbursement of your £25 Court Fee, solely as a goodwill gesture and in full and final settlement of your claim. If you choose to accept our offer, then I would request you to confirm your acceptance in writing, upon which I can arrange for a cheque to be sent out to you. Upon receipt of our cheque, we would request however, that you return the PC to one of your local stores. This offer is made 'without prejudice save as to costs' so it must not be shown to the Court or be referred to until the case has been heard and the Judge has made known his findings.

I would ask that you give our offer serious consideration and I hope that you will find it an acceptable resolution to our dispute.

Your sincerely,


XXX Legal Officer

shaun_from_Africa

MarkWatson wrote: »

And as to your second point. No that is not correct, it would have to be a reasonable deduction. They can't just take whatever they like.

Changing your argument doesn't do you any favours.
In your earlier post you clearly stated that "even if they are justified in making some kind of deduction, they are not within their rights to refuse an entire refund"


and as the regulations show, they can make a deduction of the refund given and this deduction can be up to the full purchase price, so yes, they can be acting within their rights to refuse a full refund.

daytona0

MarkWatson wrote: »

This is what the letter to me said:

11th June 2015

Legal Services
Maylands Avenue Hemel Hempstead Herts HP2 7TG

Tel : 01 727 202030
Fax: 01 727 20392 7 (not for service)
Dx: 124022 Hemel Hempstead 4 Business hours: 8:45am - Spm (Fri 4:30pm )


WITHOUT PREJUDICE SAVE AS TO COSTS


Thank you for your letter dated 27 May 2015.

Naturally, it is a matter of serious concern and sincere regret for us to hear from a disappointed customer, and particularly one who has felt the need to issue legal proceedings. In an effort to resolve your claim swiftly, with due thought and appreciate, we would like to offer a refund of the purchase price of £219.99 and a reimbursement of your £25 Court Fee, solely as a goodwill gesture and in full and final settlement of your claim. If you choose to accept our offer, then I would request you to confirm your acceptance in writing, upon which I can arrange for a cheque to be sent out to you. Upon receipt of our cheque, we would request however, that you return the PC to one of your local stores. This offer is made 'without prejudice save as to costs' so it must not be shown to the Court or be referred to until the case has been heard and the Judge has made known his findings.

I would ask that you give our offer serious consideration and I hope that you will find it an acceptable resolution to our dispute.

Your sincerely,


XXX Legal Officer

right ok, thoughts:

1. You weren't entitled to the full purchase price of £219.99 because in an earlier post you admitted to throwing the box away! Why did you not acknowledge such an action and offer a reasonable reduction?

2. It says "solely as a goodwill gesture" which is code for 'you aren't necessarily legally entitled to it but we'll give you the money anyway'

MarkWatson

shaun_from_Africa wrote: »

Changing your argument doesn't do you any favours.
In your earlier post you clearly stated that "even if they are justified in making some kind of deduction, they are not within their rights to refuse an entire refund"


and as the regulations show, they can make a deduction of the refund given and this deduction can be up to the full purchase price, so yes, they can be acting within their rights to refuse a full refund.

No, I have not "changed my argument", I have simply amplified it. They are not within their rights to refuse an entire refund, they can only make a commensurate deduction.

And no, the regulations do not say this; they say they can make a deduction only to the extent that the value of the goods has been diminished, not to deduct whatever they like up to the value of the goods in question.