How best to get compensation above the refund

St.Exmin

My partner and i bought a laptop computer from a Curry's/PC World store. They didn't have any of the model we wanted in stock, so we paid for it (via debit card) and was told it would be ready to pick up in five working days.

Five working days we collect the item. We get it home and notice the seal from the manufacturer has already been broken. Opening it of the three things that should be included, the laptop, a power cord, and an adapter, only the laptop is there, the other two are missing.

Inspecting the laptop we notice small scratches and signs of wear and tear. It occurs to us this could be an ex-display model.

We phone the Currys main phone line, explain and they say we can return it to any store for a refund.

We do this, and get the refund transferred to the bank, but we want compensation for the wasted journey to the store that sold us the useless/miss-sold product ( a journey of 15 miles there and back) and for the time taken to go to this nearer branch - this branch was nearer but still required driving to and was a waste of a couple of hours. We are offered £20 in gift vouchers.

We do not want gift vouchers, we just spent £340 in Currys on several items, need nothing else, and what can you buy in Currys for £20 anyway? We are told that it is unlikely we will be offered anything other than gift vouchers. The store manager agrees that it seems like an ex-display model from the wear and tear, but won't put anything in writing. We have her name though,

One of the store managers conveyed our wishes over the phone to head office and we have a claim number to phone them and see what we can sort out, and this should be done asap.

The most egregious thing we feel is the miss-selling, it seems unlikely to be due to an accident or negligence - somewhere between the store and a warehouse or somewhere, somebody decided to put a display model in a box and pass it off as a new model. Currys mis-sold us the item, and we would like compensation for the journeys and time in money not gift vouchers. We also want an amount (£30-£50 maybe?) compensation for the borderline illegal act of selling us an item as brand new when it turned out to be a ex-display model.

So i am looking for tips on how to ask for this compensation and any laws or regulations we can name that would entitle us to compensation - the Consumer Rights Act would give us a refund, but we have that.

Our thoughts are that if they will not budge there is the Office Of Fair Trading or the Ombudsman (which one?) but I'm not clear about the process and their powers, so would appreciate any advice.

Thanks.

ps Oh one more thing, both of us have disabilities that make walking painful, so this added to the stress and discomfort of having to make the two extra journeys (the first I cannot blame Currys for), that leave us now back where we started, with no laptop.

unholyangel

The OFT no longer exist - they were replaced by the CMA and afaik, they don't deal with consumer complaints.

Ombudsman...there are no official ombudsman for retail as such - not like the financial ombudsman. Some retailers are signed up to ADR providers who call themselves an ombudsman but they only have "power" over the retailer if the retailer is a member of their ADR scheme (and has therefore, agreed to be bound by the terms of their service).

As for the compensation you're claiming, theres no entitlement to it. You're basically asking for goodwill.

mije1983

St.Exmin wrote: »

We do not want gift vouchers

That's fine. If they won't budge just take them to small claims court. That's what it's there for. Work out exactly how much it cost you in fuel to travel to the store and the earnings you lost through not being able to go to work and that is your claim. Ridiculous in my opinion but each to their own if that's what you want.

St.Exmin wrote: »

The most egregious thing we feel is the miss-selling, it seems unlikely to be due to an accident or negligence - somewhere between the store and a warehouse or somewhere, somebody decided to put a display model in a box and pass it off as a new model. Currys mis-sold us the item, and we would like compensation for the journeys and time in money not gift vouchers. We also want an amount (£30-£50 maybe?) compensation for the borderline illegal act of selling us an item as brand new when it turned out to be a ex-display model.

I can understand you being frustrated, and it is probably clouding your vision, but this is nonsense.

Humans make mistakes. It's not illegal to make a mistake. If it's been through a warehouse and at least 2 stores, then it's passed through many hands.

You are suggesting that someone thought they would try and pass it off as new, but get away without putting the power lead and adpator in the box?!? Come on, think about it! Currys are bad but not that stupid! Don't be throwing around unfounded allegations when you get to court. Stick to the facts.

£30-£50 compensation in cash? Very little chance.

St.Exmin

I can understand you being frustrated, and it is probably clouding your vision, but this is nonsense.

Humans make mistakes. It's not illegal to make a mistake. If it's been through a warehouse and at least 2 stores, then it's passed through many hands.

You are suggesting that someone thought they would try and pass it off as new, but get away without putting the power lead and adpator in the box?!? Come on, think about it! Currys are bad but not that stupid! Don't be throwing around unfounded allegations when you get to court. Stick to the facts.

I said it was unlikely to be an accident. Can you seriously imagine a situation where someone 'accidentally' takes an ex-display model and puts in a box that is intended for brand new items?

waamo

St.Exmin wrote: »

I said it was unlikely to be an accident. Can you seriously imagine a situation where someone 'accidentally' takes an ex-display model and puts in a box that is intended for brand new items?

In a word yes. Never underestimate the power of human stupidity or incompetence.

mije1983

St.Exmin wrote: »

I said it was unlikely to be an accident. Can you seriously imagine a situation where someone 'accidentally' takes an ex-display model and puts in a box that is intended for brand new items?

Yes, of course. The box will no doubt be the same for ex display as it is for brand new items. Maybe they put it in the wrong pile, maybe they logged it wrong on the computer, maybe they forgot to put an ex display sticker on it, maybe the sticker fell off. I could go on and on.

Can you seriously imagine a situation where someone 'accidentally' takes an ex-display model and puts in a box that is intended for brand new items and fails to put an adaptor and power cord in?

Not putting those vital components in a box was always going to lead (no pun intended) to an unhappy customer returning it. If those parts had been included, then you may have more of a case. Not much more, but more all the same.

St.Exmin

Yes, of course. The box will no doubt be the same for ex display as it is for brand new items. Maybe they put it in the wrong pile, maybe they logged it wrong on the computer, maybe they forgot to put an ex display sticker on it, maybe the sticker fell off. I could go on and on.

Ok, point taken. It could be down to negligence and not intentional. This is why it is good to have this forum to get useful feedback.

mije1983

St.Exmin wrote: »

Ok, point taken. It could be down to negligence and not intentional. This is why it is good to have this forum to get useful feedback.

You can still go to SCC to get your expenses back as I stated in post 3.

But as I also said, don't mention things you can't prove. Stick to the facts.

Bought laptop as new, had missing components and scratches, had to return to store, and you want Currys to pay your expenses in cash.

St.Exmin

I think the miss-selling is a bigger issue, If we had not noticed the signs of wear and tear, an ex-display model is worth less and is more likely to have developed a fault through being on display for who knows how long. That deserves some compensation imo, although i accept there may be no law (or ombudsman) forcing them to do so.

mije1983

St.Exmin wrote: »

I think the miss-selling is a bigger issue, If we had not noticed the signs of wear and tear, an ex-display model is worth less and is more likely to have developed a fault through being on display for who knows how long. That deserves some compensation imo, although i accept there may be no law (or ombudsman) forcing them to do so.

But the problem is you can't prove it is mis-selling rather than a genuine mistake. The fact that 2 vital components were missing from the box suggests it wasn't a deliberate attempt to deceive, but that would be for a judge to decide if you go that way.

You can't get compensation for something that hasn't happened so saying it may have developed a fault, or it may be worth less is immaterial because neither of those things happened to you. Barring your travel expenses, you are no worse off than before the purchase.

Sometimes you have to pick your battles, and for what is probably c.£10 expenses, is it really worth going to court for? I'd see if they can up the amount they offer, but would accept that and move on. It depends on the value you put on your time of course but I wouldn't spend any more time fighting this than it takes to send an email/post a letter.

bris

You want useful feedback? Take the voucher and stop wasting your time on a lost cause, they owe you nothing, take the goodwill gesture and get on with your life.


You picked it up in person, how could you not notice it was already open, I smell a troll tbh.