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PLEASE PLEASE ADVISE! Will this go my way in Court
Comments
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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!
But you will have a brand new product, not one with two years use.
A partial refund takes into account the use of the product you have had.
Have a look at bulky goods collection from your local council, ours charges £12 if you can get someone to move it outside for you. Or you could contact a scrap metal collection, they'll probably take it for free.0 -
If this went to court you might get more than £220, for the reasons you have described. Ultimately it would be up to the judge.
Personally I don't think it is worth the hassle (and the court fees) of going to court for the possibility of getting an extra £50.
Could you still get Currys to pay for the repair?0 -
£500 for a range cooker is dirt cheap, you obviously bought a budget model so it would not be expected to last as long as a better one, taking that into account they have been very reasonable in offering over £200 after this length of time. You will easily find somebody local to install it for you cheaper than Currys, what about the person who did the report for you? Get a quote from them. Getting rid of it will be free, either Currys will want it back after they give you a partial refund and they will arrange it at their cost, or put a post on a Facebook group for your local area asking if a scrappy will pick it up, they will take it free, people where I live post daily ask8ng for a scrappy to collect stuff and it’s always gone in a couple of days and they’ll do the lifting for you.
You say you have consequential losses, what are they? There was more than one oven so with one not working you still had one working so we’re able to cook in the same way that everyone with a single oven can cook.
In your position I’d be accepting the £220 and not wasting time, effort and more money on a court case that I would be doubtful of winning. Your only chance would be if they decide to settle as the cost to them of defending the claim would be too high.0 -
From what you tell us then you would more than likely lose in court. Their offer was fair and within the law. They didn't even ask you to get your own report done to prove your case so they actually went beyond their obligations to you, which was nothing until you prove your case.0
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Not sure what resolution you're actually looking for.
You've refused a free repair on a 2 and a half year old cooker.
You've refused a partial refund on a 2 and a half year old cooker.
You have no hope of winning in court as Currys have offered 2 acceptable resolutions that you've turned down.
£500, for what sounds like a range cooker, would mean it's likely made by Beko (badged up with one of their premium brand names. Flavel or the like)
Take the offer of £220, get onto Domestic and General to see if they'll do a repair and extended warranty on it. It will cost a little over £200 for the repair and first year extended warranty so in effect, Currys are paying for it. Then, there's no need for disposal charges or fitting charges for a new one.
Once they pay up, you have no further claim as they've settled in full under the Consumer Protection Rights 2015.0
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