Curry PC World ...Court or alternatives?

chess321

Hi all,

A few years back (yes I fell for it from the looks of it!) I purchased a camera and “insurance” from Currys PC word, after 4 years of use I accidentally dropped the camera from a 2nd floor flat onto the street below…..sadly the camera broke (I am not surprised as the floor was concrete). I submitted a claim to Curry and they sent it to their “repair” department DGS.

After a couple of weeks I received a letter back stating that they do not believe my explanation was not consistent with what I told them and that they would not repair it unless I provided further explanation. Which I duly did (I am not expert on the potential damage to an object falling from 30feet on concrete and I can only go by the result of what happened to my Camera). Since then I wrote 2 further letters, all duly ignored as I have not received any correspondence back (last letter was sent signed for and received 4 weeks ago). I am aware that Team Knowhow always seem to “reject” claims (presume they think 70% would go away) however I am a bit fed up at the lack of consideration and wondering if the only alternative would be to send the letter before action? In this case is there anything specific I would need to ask them to send me before taking further steps?

I would be more than happy if they repaired the Camera as it has always worked perfectly but they seem to have shut down all correspondence. I never had to get this far but guess there is always a first!

LilElvis

Does the "insurance" cover accidental damage? I can't see that it would be possible to repair any electronic item that had been dropped from two storeys so what does the policy say about the situation where a repair isn't possible?

missile

chess321 wrote: »

Hi all,

A few years back (yes I fell for it from the looks of it!) I purchased a camera and !!!8220;insurance!!!8221; from Currys PC word, after 4 years of use I accidentally dropped the camera from a 2nd floor flat onto the street below!!!8230;..sadly the camera broke (I am not surprised as the floor was concrete). I submitted a claim to Curry and they sent it to their !!!8220;repair!!!8221; department DGS.

After a couple of weeks I received a letter back stating that they do not believe my explanation was not consistent with what I told them and that they would not repair it unless I provided further explanation. Which I duly did (I am not expert on the potential damage to an object falling from 30feet on concrete and I can only go by the result of what happened to my Camera). Since then I wrote 2 further letters, all duly ignored as I have not received any correspondence back (last letter was sent signed for and received 4 weeks ago). I am aware that Team Knowhow always seem to !!!8220;reject!!!8221; claims (presume they think 70% would go away) however I am a bit fed up at the lack of consideration and wondering if the only alternative would be to send the letter before action? In this case is there anything specific I would need to ask them to send me before taking further steps?

I would be more than happy if they repaired the Camera as it has always worked perfectly but they seem to have shut down all correspondence. I never had to get this far but guess there is always a first!

What "insurance" plan was that? Did you buy the "Repair & Support Plan"

For peace of mind you can protect your product with a Repair & Support Plan. If your product breaks down or suffers a mishap, we!!!8217;ll fix it for you and if we fail to fix it within 7 days you can ask for a replacement.

Q: Will the Repair & Support Plan protect me if I drop my product?
A: Yes, our Repair & Support Plan will cover mishaps. Damage caused by neglect, misuse or abuse of the product is excluded.

Section B - What is not included?
Repair or replacement of the Product which has been neglected, abused, misused, or damaged intentionally. You must take reasonable care of the Product.

I would suggest dropping from a 2nd floor window would be excluded under the terms of the plan

glentoran99

missile wrote: »

What "insurance" plan was that? Did you buy the "Repair & Support Plan"





I would suggest dropping from a 2nd floor window would be excluded under the terms of the plan

by that logic all accidental damage claims would be rejected

chess321

to clarify it was the "whatever Happens" insurance (that is how it was sold. i.e anything that happens, even by accident or anything) they would repair the camera or replace it...... so yup even dropping it (not intentionally by all means) from a 2nd floor is accidental....

missile

glentoran99 wrote: »

by that logic all accidental damage claims would be rejected

What a ridiculous statement :rotfl:

OP would have to explain how when taking reasonable care, he managed to drop it from a second story window. For example, if he was leaning out to take a photo ... Maybe they suspect fraud and it was deliberate ploy to get a new replacement camera.

mije1983

chess321 wrote: »

wondering if the only alternative would be to send the letter before action?

Yes that would be your next step if Currys have made their final position known. This may prompt them into settling your complaint, however they may well ignore it. Then you would need to follow through.

missile wrote: »

OP would have to explain how when taking reasonable care, he managed to drop it from a second story window. For example, if he was leaning out to take a photo ...

And, if leaning out of a window 30 feet up, would reasonable care involve having a wrist strap/neck strap attached to the camera in case you lost your grip? In my opinion not doing that isn't taking reasonable care.

Even if the OP wasn't using the camera at the time, would leaving it next to a open window 30 feet up be considered reasonable care? I would guess not.

It could be a tough battle for the OP if Currys refuse to budge.

DoaM

If OP sends an LBA and Currys ignore it (or respond to refute the claim), if OP then files a claim Currys will probably settle it before it goes to court ... it's a matter of risk/reward - Currys won't risk court as the costs to do so outweigh any benefit they gain, even if they win.

missile

DoaM wrote: »

If OP sends an LBA and Currys ignore it (or respond to refute the claim), if OP then files a claim Currys will probably settle it before it goes to court ... it's a matter of risk/reward - Currys won't risk court as the costs to do so outweigh any benefit they gain, even if they win.

A dangerous game.... Currys could argue the claimant has made a vexatious claim. If the judge considers claimant's case spurious with no merit, he could award costs which may be several thousand pounds. :eek:

Ectophile

missile wrote: »

A dangerous game.... Currys could argue the claimant has made a vexatious claim. If the judge considers claimant's case spurious with no merit, he could award costs which may be several thousand pounds. :eek:

If it's the small claims process, then the judge would never award costs of thousands of pounds. It's deliberately a low-cost process with limits on what can be claimed in expenses.

And I find it hard to believe that the judge would consider anybody claiming for accidental damage on a policy that covers accidental damage was "vexatious" even if the judge found against the claimant.

missile

Thousands was an exaggeration, but judges can and often do award costs to claimants / defendants when they feel it is appropriate.

If you lose
If you lose the case, you may have to pay the trader's costs if they ask the court for them to be paid. You'll also have to keep to the terms of any court orders that the judge makes against you.

https://www.citizensadvice.org.uk/law-and-courts/legal-system/taking-legal-action/small-claims/going-to-court/after-the-court-hearing/