Currys Washing Machine Installation - Took them to court and got a CCJ on them

LisaDH

Did you know that when you purchase an installation by Currys for a washing machine or any other large item, you are voiding your consumer rights to cancel or get a refund ?  Nowhere on their website does it explain this, so when I fell foul of it, I took them to court.  They were going to defend the claim in full, but then didn't so I have a CCJ against them.  I also have all the GDPR recorded conversations between us prior to my claim when they clearly say they will not refund, even though they booked two collections (longer story cut short)

Interestingly, when I got the CCJ I received two phone calls offering a refund of less than the claim and court fees.  I have rejected the refund as I am more interested in keeping the CCJ against them and publicising their bad practice, bullying people into not pushing for a refund, yet they cannot defend their position in court

p3ncilsharpener

LisaDH said:

Did you know that when you purchase an installation by Currys for a washing machine or any other large item, you are voiding your consumer rights to cancel or get a refund ?  Nowhere on their website does it explain this, so when I fell foul of it, I took them to court.  They were going to defend the claim in full, but then didn't so I have a CCJ against them.  I also have all the GDPR recorded conversations between us prior to my claim when they clearly say they will not refund, even though they booked two collections (longer story cut short)

No, I didn't know that. Probably because it's not true.

Interestingly, when I got the CCJ I received two phone calls offering a refund of less than the claim and court fees.  I have rejected the refund as I am more interested in keeping the CCJ against them and publicising their bad practice, bullying people into not pushing for a refund, yet they cannot defend their position in court

Refusing to accept payment could cause you problems.  You should have accepted it as part payment.  In regards to the latter, it's often not about them "not being able to defend their position in court" it's simply that it's often cheaper to not bother turning up.  I'm not saying Curry's were right, just you can't assume not turning up = they are in the wrong.

LisaDH

I should have added this was an online purchase.  Of course it's true, when you void your own rights online, a company must advise you.  I am an online seller of online courses with an automatic download.  I have to advise that when someone purchases they void their right to cancel, it's on the Government website.  Yes I applied the same logic, and Currys couldn't defend it.  Had the offer of a refund been through the legal process, or by letter, of course I might have handled things differently; but it was in the 30 day window when you can pay to not get a CCJ registered, and by a withheld number phone call from someone who was aware the order was in legal.

p3ncilsharpener

LisaDH said:

I should have added this was an online purchase.  Of course it's true, when you void your own rights online, a company must advise you.  I am an online seller of online courses with an automatic download.  I have to advise that when someone purchases they void their right to cancel, it's on the Government website.  Yes I applied the same logic, and Currys couldn't defend it.  Had the offer of a refund been through the legal process, or by letter, of course I might have handled things differently; but it was in the 30 day window when you can pay to not get a CCJ registered, and by a withheld number phone call from someone who was aware the order was in legal.

You bought a washing machine, not an online course.

There is a specific provision that allows traders to ask consumers to waive their right to cancel if it's a download.  This right is not extended to goods.

I don't think a judge would take too kindly to your refusal to accept the refund, just because it was made over the phone and because you want the CCJ to stick.

zoob

Why are you wanting to return the machine? 
I suspect if the machine has being installed it's gone beyond inspecting as you would instore and therefore unable to return as a change off mind

Sandtree

LisaDH said:

Interestingly, when I got the CCJ I received two phone calls offering a refund of less than the claim and court fees.  I have rejected the refund as I am more interested in keeping the CCJ against them and publicising their bad practice, bullying people into not pushing for a refund, yet they cannot defend their position in court

You are aware that the CCJ only becomes public record if its not satisfied within a month and how many companies typically have against them? 

Whilst you may feel morally vindicated it won't made a dot of difference to them... people dont run credit checks against companies before deciding where to buy their next white goods from.

p3ncilsharpener

zoob said:

Why are you wanting to return the machine? 
I suspect if the machine has being installed it's gone beyond inspecting as you would instore and therefore unable to return as a change off mind

No, you are still entitled to return them, but the trader can subtract an amount (up to the value of the goods) for the diminished value of the goods caused by handling them beyond what was necessary.  I'm not convinced connecting up two pipes (as an example), extending the legs, taking out the transit bolts and pushing it under a kitchen counter would reduce its value by much, certainly not by the total cost of the machine itself.

zoob

p3ncilsharpener said:

No, you are still entitled to return them, but the trader can subtract an amount (up to the value of the goods) for the diminished value of the goods caused by handling them beyond what was necessary.  I'm not convinced connecting up two pipes (as an example), extending the legs, taking out the transit bolts and pushing it under a kitchen counter would reduce its value by much, certainly not by the total cost of the machine itself.

Yes your 100% right in respect off entitlement to returning machine, but as far as a retailer goes the value has being greatly reduced
First the machine is now secondhand, used, possibly damaged because its being returned with or without transit bolts, plug might have being removed because its wired into a fused spur, manufactures warranty generally don't cover second hand machine 
Retailer needs a qualified engineer to inspect machine and possibly refit plug if necessary and refit transit bolts if its possible 
Also return costs whoever liable 
Then Retailer has to sell machine without a manufacture guarantee at a reduced price, after Retailer takes all reasonable costs out there's not a lot left for the customer 

mjm3346

LisaDH said:

Interestingly, when I got the CCJ I received two phone calls offering a refund of less than the claim and court fees.  I have rejected the refund as I am more interested in keeping the CCJ against them and publicising their bad practice, bullying people into not pushing for a refund, yet they cannot defend their position in court

Which it is likely nobody will really care about as there are already many poor reviews about their service.

Al_Ross

LisaDH said:

Did you know that when you purchase an installation by Currys for a washing machine or any other large item, you are voiding your consumer rights to cancel or get a refund ?  Nowhere on their website does it explain this, so when I fell foul of it, I took them to court.  They were going to defend the claim in full, but then didn't so I have a CCJ against them.  I also have all the GDPR recorded conversations between us prior to my claim when they clearly say they will not refund, even though they booked two collections (longer story cut short)

Interestingly, when I got the CCJ I received two phone calls offering a refund of less than the claim and court fees.  I have rejected the refund as I am more interested in keeping the CCJ against them and publicising their bad practice, bullying people into not pushing for a refund, yet they cannot defend their position in court

You failed to say in your post why you were wanting to return it for a refund,was it actually faulty or damaged?

LisaDH

p3ncilsharpener said:

zoob said:

Why are you wanting to return the machine? 
I suspect if the machine has being installed it's gone beyond inspecting as you would instore and therefore unable to return as a change off mind

No, you are still entitled to return them, but the trader can subtract an amount (up to the value of the goods) for the diminished value of the goods caused by handling them beyond what was necessary.  I'm not convinced connecting up two pipes (as an example), extending the legs, taking out the transit bolts and pushing it under a kitchen counter would reduce its value by much, certainly not by the total cost of the machine itself.

Exactly!  The longer part of the story is that I purchased a Samsung washing machine when I meant to purchase the Samsung washer dryer.  Both machines look exactly the same, with no description on the front of the machine.  Yes I missed the detail on the online product and email

When I was called to confirm the delivery the item wasn't mentioned, when it was delivered they also unconnected and collected my old washer dryer.  They unpacked the new machine in the lorry, so I did not see the box, again there is nothing on the front of the machine even saying the number or type.  When they fitted it they started the water, but were unable to show my how to program it as they didn't understand these new machines, so unlike the fitting description, I was not shown how to use the machine to discover it was a washer not a washer dryer

I discovered at the end of the wash they'd put on that there was no dryer program, the fitters had now gone and it was a Sunday.  I called first thing on Monday and a collection was booked.  I said that I'd purchase the correct machine and await their refund, I've done this before with Curry's and they'd been good.  Trying to be helpful I asked the person who booked the collection to see if they could tie it up with the new delivery.  I was passed on to someone else who said the collection should not have been booked as it was a used item and they wouldn't refund me, so they cancelled the collection

On the cancelled booked collection time, guys turned up to collect the machine.  I told them the collection had been cancelled and Currys wouldn't refund me, they of course don't get involved in this and I didn't really know what to do, so I said they shouldn't take the machine.  With hindsight I should have let them take it and see what amount they were going to deduct, but I didn't know this was an option

I got back on to Currys and lo and behold, another collection was booked.  This time DPD turned up to collect, and of course they don't collect washing machines.  So back on to Currys again to be told by customer services, and when I escalated the problem, a manager told me they would not refund or allow any more collections to be booked

I advised the manager I'd be taking them to court, and detailing all the mistakes they'd made and refusing to refund.  I have all the Currys recordings and notes about this, and add to that the main part about not advising me I was forfeiting my rights by booking their installation service

I am aware this would have been some kind of test case, I am aware buying an installation service is not buying a download

This was an online Money Claim, Currys could have filed a defence and a judge can look at that and decide to make it a court case and make me pay extra for that.  I have experienced this before when someone filed an online Money Claim on me, and the judge decided it should go to court, the person didn't want to pay extra as the judge said they needed to show proof and they didn't have any.  So I think Currys preferred the CCJ over a court case.