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

robatwork

While I think you have made many mistakes here and bear quite a bit of the responsibility yourself (your mistake led to them installing the incorrect machine, the fitters wouldn't have known what was in your mind), I do look forward to the episode of Can't Pay We'll Take It Away where they march into Currys HQ and start writing "Pot plant in reception" on their clipboard. Please escalate to High Court collections. 

Al_Ross

LisaDH said:

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.

So what happened to your unwanted Samsung washing machine,did you just keep it?

mattyprice4004

You missed the 'detail' on the description and email? 
It's not detail, it's the first line of the description and title in the email confirmation! 

It's probably a good job Curry's didn't bother to defend, as a judge may not have been as blind as you were when ordering and checking your inbox  
Sorry, but I feel an element of personal responsibility is due in cases like this. 

DCFC79

OP you have to take responsibility for this, you had a chance to check it was the right item before you click add to basket, second chance was before you pay for it, third time was when you get the confirmation.

neilmcl

Whether the OP purchased the wrong machine or not isn't the relevant issue. It's the fact that they wanted to exercise their right to cancel under the terms of the CCRs and Curry's apparent refusal to accept the cancellation. I say apparent only because it seems they were willing to arrange collection for the WM but the OP refused to allow this to happen. Having said that I'm not sure, if Curry's had defended the claim that they would be held fully liable given that the OP had used the washing machine.

Forwandert

The usage is the only thing that stopped the original return. With it seeming to be part of the installation to demonstrate it though that's the only part that leaves Currys open to any issues unless its stated that the demonstration would do that. Unless the demonstration was fine and it was any usage after that which caused them to take the stance. 

Either way I think OPs been very lucky to get the CCJ with them causing pretty much the entire situation. 

LisaDH

I still have the machine.  Had I seen the box it came in I would have seen I'd ordered the wrong machine.  Had the installers fulfilled their obligation to show me how to work the machine, I would have realised I'd ordered the wrong machine.  It all became so much more of a grey area when they left my house with the wrong machine installed.  They'd refused to refund me, so why would I allow the collection ?  I wasn't expecting to get a CCJ, I wanted to see their defence.  I made mistakes, but why are Currys allowed to void my rights when they install, without advising me ?

neilmcl

LisaDH said:

I still have the machine.  Had I seen the box it came in I would have seen I'd ordered the wrong machine.  Had the installers fulfilled their obligation to show me how to work the machine, I would have realised I'd ordered the wrong machine.  It all became so much more of a grey area when they left my house with the wrong machine installed.  They'd refused to refund me, so why would I allow the collection ?  I wasn't expecting to get a CCJ, I wanted to see their defence.  I made mistakes, but why are Currys allowed to void my rights when they install, without advising me ?

They don't come in boxes, they're just packed in polystyrene and cellophane so probably wouldn't have been immediate obvious, not unless you read the instruction booklet first.

You keep going on about Curry's "voiding your rights", they haven't voided anything, they simply took a different view. You weren't going to get anything from them the moment you refused to allow them to collect the machine.

Archie_Duke

LisaDH said:

I still have the machine.  Had I seen the box it came in I would have seen I'd ordered the wrong machine.  Had the installers fulfilled their obligation to show me how to work the machine, I would have realised I'd ordered the wrong machine.  It all became so much more of a grey area when they left my house with the wrong machine installed.  They'd refused to refund me, so why would I allow the collection ?  I wasn't expecting to get a CCJ, I wanted to see their defence.  I made mistakes, but why are Currys allowed to void my rights when they install, without advising me ?

I think generally there isn’t a box on delivery from the manufacturer these days. I bought 2 dishwashers and a washing machine from HBH Woolacotts last year and all three items just came in polystyrene packing, wood batten supports, shrink wrapped in heavy duty plastic. The only identifying feature was a printed white label with the model number (no description of features) and an accompanying barcode.

Pollycat

LisaDH said:

I still have the machine.  Had I seen the box it came in I would have seen I'd ordered the wrong machine.  Had the installers fulfilled their obligation to show me how to work the machine, I would have realised I'd ordered the wrong machine.  It all became so much more of a grey area when they left my house with the wrong machine installed.  They'd refused to refund me, so why would I allow the collection ?  I wasn't expecting to get a CCJ, I wanted to see their defence.  I made mistakes, but why are Currys allowed to void my rights when they install, without advising me ?

Genuine question:
Is it really the installers' obligation to demonstrate how things work?
I've had stuff installed and learned how to use it by reading the instruction book.