PLEASE PLEASE ADVISE! Will this go my way in Court

Laylahappyb

Currys, range cooker, one of the overs breaks down after two years. Firstly they told me there was nothing they could do because it had broken down out of warranty. I then quoted the sale of goods act and they requested I get a local engineer to diagnose the problem, this was done and they said they wanted my engineer to repair it. I responded that I didn't want a third party responsible for the repair I would like their engineer to fix it so that if anything further went wrong it would be just between myself and Currys dealing with it. They refused this. They refused to replace it saying it was 30 months old by this time in the dispute. They offered me £220.20 towards a replacement and have said this is a full and final settlement. I pointed out my consequential losses which were no working appliance for months, the cost to have any new appliance installed by a gas engineer (at least £85.00) and disposal of the broken appliance (£40) so in effect they were offering me £95.00. I asked them to increase the offer but they refused.
At the beginning of December the second oven of the same appliance breaks down. I contact them by phone and their representative says that there is no reason why Currys would not repair the appliance as it is obviously not down to mis use or neglect. They say it will have to go to another department for approval but once this is done their engineers will be out within days to repair.
Five days later I get a phone call to say they will not repair and their offer of £220.20 is all that they are willing to do for me. I feel this is totally unreasonable, I was more than willing for them to replace or repair the appliance and the £220.00 is not a reasonable amount having paid £500.00 for a cooker that has lasted less than 3 years. How would this stand up in court????????:eek::eek::eek::eek:

Greta_Sharbo

The short answer is that no-one here can possibly say how a court might decide.

Essentially they can choose which remedy they offer - they've offered a price reduction so its now just a negotiation as to how much. How much do you think is reasonable and have you told them what those expectations are?

How did you pay?

agrinnall

Laylahappyb wrote: »

...they requested I get a local engineer to diagnose the problem, this was done and they said they wanted my engineer to repair it.

It's not clear, were they prepared to pay for the repair to be done by your engineer at this stage? If they were then I think your refusal will count against you in court, as it was a perfectly reasonable offer.

TonyMMM

They would appear to have met their responsibilities - they offered a repair (by your engineer), you declined. They then offered a cash payment, which they are entitled to adjust for the two years usage you have had, and again you seem to have declined.

I wouldn't take that to court - even IF you win, the award you may get could be no more than what is already on offer.

neilmcl

They suggested getting it repaired, which I assume they'd pay for, you refused. They then have offered a partial refund taking into account the usage you have had from the cooker. Both of which comply with their legal obligations under SOGA. Personally I would say getting almost half back from what you paid originally for a cooker that's 3 years old is fairly reasonable.

Nobody has a crystal ball but I'd say it's far from a cast iron case if you took this to court.

NotRichAtAll

i also think £220 is a pretty good offer from them as for disposal costing £40 am pretty sure you could do that yourself at the local tip.

Laylahappyb

Hi there thanks for your comment. I suggested they give me a further £50 on top of the £220 they have offered as the range has increased in price by £100, I also asked if they could install the new appliance I purchased from them and take away the broken appliance. They refused to budge on the £220.20

Laylahappyb

Yes they were prepared to pay for the repair, my argument was that I wanted any repair to be guaranteed by them as they were saying that I could not come back to them should anything further break down. Therefore I wanted the responsibility of the repair to be with their engineer.

Laylahappyb

It took two men to get the appliance into the house and it was delivered on a van. I do not have a van and I do not have two men to carry it off the property to the local tip. I would have to pay someone to do this for me. In addition it is a dual fuel cooker which must be installed and uninstalled by a regulated gas fitter. Curry charge £85.00 to install this kind of appliance and a local man with a van will cost me £40. Therefore £125.00 must be deducted from the offer. The same model cooker is now £100 more, so when I look at it they are actually giving me nothing, Im paying an additional £5.00 to be in the position I was in before it broke down!

hollydays

Sell it to a scrap dealer?
Advertise it on eBay for spares?
I did this for a friend who had a tumble drier she wanted to be rid of.
Read the advice already given.

ssparks2003

What the cooker is for sale now is irrelevant, it is what you paid that matters. Currys has been very fair in their offers to you. No one can tell you what the outcome will be, personally I think you will receive a worse outcome in court as your actions have not been reasonable and you are coming across as money grabbing