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

LisaDH

neilmcl said:

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.

Just for clarity, and mentioned before, Currys booked and then cancelled the collection saying they wouldn't refund. The collection drivers still turned up, what was I to do ? I refused the collection because I was told by Currys they wouldn't refund

I'm certainly not the only person this has affected, I've seen other posts on this forum about Currys and installations voiding right to return or refund.  Whether I got a CCJ on them or not, why isn't this clear on their website, so many other companies read or show me my rights about everything... yet still not for buying online and getting the item installed by the same company.  I can understand if I'd fitted it. 

sheramber

I have never been shown how to operate anything, just handed the paperwork and told the instructions are n there.if I am lucky. 

Manxman_in_exile

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.

...  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.  ....  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

...

Surely the obvious thing to do when they told you that they would not refund because it had been used, was to point out that you had not used it, but that their installers had started a programme as part of the installation procedure, but that they had failed to complete it properly because they did not know how it worked?

The "use" of the machine had nothing to do with anything you had done - it was a result of their installers not properly completing what they were meant to do, so the provision of the installation service that you had paid for was faulty.  (I presume from what you have said that "installation" includes a demo of how it is meant to work?).

Could Currys not understand that?  I know people are constantly complaining about Currys poor customer service but I've returned stuff to them and had refunds before with no problems.

I suspect Currys are not trying to deliberately "invalidate" your rights but rather there has been some confusion about what has actually happened.  Nobody - not even Currys - could argue that their fitters turning the m/c on to demonstrate that it works (which is basically all that happened if I've understood you correctly) amounted to your using the m/c.  I find it incredible that if you went through their formal complaints procedure that nobody at Currys could understand this.

I'm not going to comment on you buying the wrong m/c and the subsequent confusion over collection/non-collection...

LisaDH

Thanks for checking this point.  Yes Currys are fully aware it was their fitters who turned the machine on for the demonstration, they still called it a used machine.  That's why I've argued why when I booked the installation was I not made aware of this