Damaged Goods from Cash Converters.

Ian_Green

Hi.
I don't know if there's anything I can do. Last month I was a bit short of cash so I got a loan against my second computer monitor. I went back yesterday to pay the loan off and retrieve it, brought it home, plugged it in and at some point when Cash Convertors have had it, they've bashed the screen and cause damage to it and the LED's.
I took it back and they basically said, 'Well it could've happened before it was here. Oh Dave, Dave! You took this one, did you check to see if it was damaged?' No? Well there you go there Sir. We've got no way of knowing that it wasn't damaged when we took it.'
So basically they're doing nothing and I've got a broken monitor. Does anyone know where I stand on this, legally? All I can think of is the small claims court.

wealdroam

Ian_Green wrote: »

Hi.
I don't know if there's anything I can do. Last month I was a bit short of cash so I got a loan against my second computer monitor. I went back yesterday to pay the loan off and retrieve it, brought it home, plugged it in and at some point when Cash Convertors have had it, they've bashed the screen and cause damage to it and the LED's.
I took it back and they basically said, 'Well it could've happened before it was here. Oh Dave, Dave! You took this one, did you check to see if it was damaged?' No? Well there you go there Sir. We've got no way of knowing that it wasn't damaged when we took it.'
So basically they're doing nothing and I've got a broken monitor. Does anyone know where I stand on this, legally? All I can think of is the small claims court.

Yes, your only option probably is the small claims court.

The court will decide on the balance of probabilities when the damage was caused.

In other words, both you and Cash Converters have the opportunity to put their side of the story and the judge decides which is the more likely to have happened.

Could go either way. Your choice.

unholyangel

Im wondering if this might be more complex.

For example if ownership actually passed then it might complicate matters as they effectively wouldnt have damaged OP's monitor, they'd have damaged their own monitor that used to belong to OP.

If ownership doesn't pass until OP fails to collect within the time limit then it should be a lot more straightforward.

Ian_Green

I believe that ownership passes to the company if interest of full payment is not made by the allocated date. It was so I believe that at no time they have legal ownership of the monitor.

[Deleted User]

I don't believe for one second Cash Converters would take an electrical item and not test it. What monitor is it?

DCFC79

camelot1971 wrote: »

I don't believe for one second Cash Converters would take an electrical item and not test it. What monitor is it?

If its anything like Cex they test everythkng they can electrical wise.

Spank

Wouldn't they wait until they going to sell it to test it?

Valli

camelot1971 wrote: »

I don't believe for one second Cash Converters would take an electrical item and not test it. What monitor is it?

DCFC79 wrote: »

If its anything like Cex they test everythkng they can electrical wise.

According to their T&Cs they test goods.

OP what did your receipt say?

I doubt they would have accepted, and loaned against, a damaged item.

I would send a Letter Before Action.

Ian_Green

Valli wrote: »

According to their T&Cs they test goods.

OP what did your receipt say?

I doubt they would have accepted, and loaned against, a damaged item.

I would send a Letter Before Action.

Yeah sending a letter on Monday. To be honest I think that will be enough.

ARandomMiser

I agree that they would have tested it therefore it is probably safe to assume that while they had it, it was working (or more fool them). The issue is when did the damage occur was it while they had it, was it when it was being retrieved from stock, was it when the owner was taking it home or was it when the owner plugged it back into his computer.

There are too many possibilities there. Future lesson would be to make Cash Converters test the item in front of you before you take it back.

naedanger

ARandomMiser wrote: »

I agree that they would have tested it therefore it is probably safe to assume that while they had it, it was working (or more fool them). The issue is when did the damage occur was it while they had it, was it when it was being retrieved from stock, was it when the owner was taking it home or was it when the owner plugged it back into his computer.

There are too many possibilities there. Future lesson would be to make Cash Converters test the item in front of you before you take it back.

I am surprised Cash Converters don't test it before returning it and make the customer sign it was in working order when received.

If they haven't done that, and the customer highlights the fault almost immediately after return, then I suspect most times a court would conclude that, more likely than not, the item was damaged before it was returned.