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How best to get compensation above the refund

13

Comments

  • Ganga
    Ganga Posts: 4,253 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    St.Exmin wrote: »
    The item was not available anywhere online for the same price. It is now a hard model to locate, apparently. There were a couple on Amazon but they were £50 more expensive. Currys had it, and at the cheapest price. We now have bought the item from Amazon, at the higher price.

    So are you expecting to get £50 compo?
  • mije1983
    mije1983 Posts: 3,665 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Name Dropper
    St.Exmin wrote: »
    I never said I was taking anyone to court

    Not directly, but you asked
    St.Exmin wrote: »
    any laws or regulations we can name that would entitle us to compensation

    There is none. Your only option if Currys won't give you your 'deserved' compensation is to take them to court. So your options are to take them to court as you are adamant about getting £50 in cash, or move on with your life!


    St.Exmin wrote: »
    Read the thread I said I already conceded that.

    Yet in your very next post after seemingly 'conceding' that, you stated
    St.Exmin wrote: »
    I think the miss-selling is a bigger issue.

    so clearly don't concede it at all!
  • custardy
    custardy Posts: 38,365 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    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?

    Picked up an Xbox play & charge kit the other day.
    Had the circle security thing on it.
    Got out to the car and thought it was a little light.
    Turns out it was an empty box. replaced without fuss but someone sealed the box with a security tag.
  • mije1983
    mije1983 Posts: 3,665 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Name Dropper
    custardy wrote: »
    Picked up an Xbox play & charge kit the other day.
    Had the circle security thing on it.
    Got out to the car and thought it was a little light.
    Turns out it was an empty box. replaced without fuss but someone sealed the box with a security tag.

    I hope the retailer gave you some £s compensation as clearly they were trying to scam you!
  • daytona0
    daytona0 Posts: 2,358 Forumite
    St.Exmin wrote: »
    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.

    Order from Currys/PC World online or another website then....

    Interesting that you also state:
    We phone the Currys main phone line, explain and they say we can return it to any store for a refund.

    We do this,

    Now... if you have a disability which makes walking painful (did you walk far from your house to the car, and then from the car to the store?) then surely you stated this to them on the phone at the time and asked for extra assistance?

    Doesn't sound like you did! You'd probably have made a point about that in your post... something along the lines of "I asked Currys to pick up the laptop because of our disability but they refused". That would give some further credibility to your disabled point.

    So I do wonder whether Currys actually knew about your disability and whether you actually gave them a chance to accommodate it.... Not really buying into that to be honest.

    So I don't think that your point about being disabled has any weighting on the situation at hand. I think you just tagged it on because you are treating it as a sort of discount card which entitles you to more money back.

    Plus, you don't have a clue what your rights are! Because, sadly, you don't have a clear cut case! Technically you've only really got the Small Claims court and I don't think you could put a price on compensation here because its just one of those things which occasionally happen in life! Personally I would be snapping their hands off for a gift voucher and a full refund because life is too short!

    Good luck in getting an improved offer, I suppose that it is worth trying though!
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Empty boxes, display items and returned items. I've seen them all accidentally returned to the shelves.

    Demanding "extra" compensation for such routine errors is churlish in my opinion.

    £20 for the round-trip to return and exchange the item is generous, regardless that it was in the form of a gift voucher.
  • peachyprice
    peachyprice Posts: 22,346 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    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?

    Quite easily. Item is on display, item is taken off display when newer models arrive, item gets put back in it's box and put on a shelf in the store room, item shows as 'in stock' on their system, you order item, someone goes to the store room and picks up the item without checking the seals and send it to the other store for you to collect, you don't check the item before leaving the store.

    A far more likely scenario than someone at Curry's thinking they could get away with selling you a used item when there are parts missing.

    You're peeing in the wind if you think you're entitled to or will get compensation for human error, even if you do throw in the disability card.
    Accept your past without regret, handle your present with confidence and face your future without fear
  • custardy
    custardy Posts: 38,365 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 16 May 2017 at 9:09AM
    mije1983 wrote: »
    I hope the retailer gave you some £s compensation as clearly they were trying to scam you!

    I am currently in negotiations, as I felt the Learjet was a paltry first offer.
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It's possible of course that someone stole the mains lead and adaptor...
    But of course, the real point of all this is: don't shop at Curry/DSG. Their reputation as the UK's worst retailer wasn't earned for nothing. Having said that, their goodwill offer was perfectly fair; expecting compo for consequential loss will need you to make a formal claim via the courts.
    No free lunch, and no free laptop ;)
  • SouthUKMan
    SouthUKMan Posts: 383 Forumite
    This really does sound like a stupid but honest mistake on the part of Currys. There is no way that a major retailer would deliberately try to pass off an ex-display model with key parts of the package missing as brand new. They have already done the decent thing and refunded the purchase price as well as offered compensation - although I think £20 for the hassle you've had is a little low. £30 - closer to 10% of the price paid - would sit a little more comfortably with me, though of course any compensation is entirely discretionary. This has all the hallmarks of a silly but genuine error by the retailer, and your response the hallmark of the "something has gone wrong therefore we demand compensation" culture. We have to pick our battles - from what I've read, this isn't one of them.
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