Refund from Currys not including installation fee

sheramber

Would there be a difference in what the refund was claimed under?

Under warranty, Currys will get refunded by the manufacturer but not the installation fee.

Would refund of the installation fee be claimable under Consumer Rights Act  as consequential losses.

Manxman_in_exile

See my earlier post.

Doesn't the Consumer Rights Act say that in the case of breach of contract (faulty oven) the consumer can reclaim all the money they paid under the contract?  It seems clear from what the OP has said that the installation fee forms part of the contract.

Also I don't see damages come into it.

Anyway, why should the consumer pay for installation if currys supply a faulty oven?  If currys don't want to pay it, they shouldn't have supplied a faulty oven!

(I assume a warranty would not cover installation)

sheramber

So the OP has claimed under the warranty he now needs to advise Currys he is claiming  the installation fee under the Consumer Rights Act.

sheramber

 Which  is what I said. 

If he claimed under the warranty then he needs to claim the installation fee under the Consumer Rights Act.

Who mentioned 'damages'.

Manxman_in_exile

sheramber said:

So the OP has claimed under the warranty he now needs to advise Currys he is claiming  the installation fee under the Consumer Rights Act.

Has the OP said he claimed under the warranty?  If he has I've missed it...

sheramber said:

 Which  is what I said. 

If he claimed under the warranty then he needs to claim the installation fee under the Consumer Rights Act...

You've confused me now...

sheramber said:

... Who mentioned 'damages'.

@the_lunatic_is_in_my_head mentioned damages.  I don't know why which is why I said I didn't see how "damages" came into it

cx6

"Even if the OP had paid a 3rd party for the installation it's a quantifiable loss they've suffered as a result of the goods not conforming to the contract, I don't see why they wouldn't be entitled to those costs as damages.  

"

True - but the OP was offered (and declined) a replacement.

screech_78

Just phone them to discuss it. 

If it’s anything like the retailer I work for (who is supposed to have better service than curry’s) the system will only refund the item cost and a standard delivery charge (if there was one). For installation costs and premium delivery charges to be refunded, it needs to be done manually. Obviously if they resist, then there’s an issue as you shouldn’t be out of pocket but seems more like the system has generated the refund and all you’ll need to do is speak to them to have the installation fee refunded. 

the_lunatic_is_in_my_head

cx6 said:

"Even if the OP had paid a 3rd party for the installation it's a quantifiable loss they've suffered as a result of the goods not conforming to the contract, I don't see why they wouldn't be entitled to those costs as damages.  

"

True - but the OP was offered (and declined) a replacement.

The OP would have had the short term right to reject, they declined the replacement due to the lead time, depending upon what that time was they may have also had the final right to reject.

Manxman_in_exile said:

sheramber said:

... Who mentioned 'damages'.

@the_lunatic_is_in_my_head mentioned damages.  I don't know why which is why I said I didn't see how "damages" came into it

I would imagine (but might be wrong) the two are separate, if for example you wish to cancel your contract for the sale of an oven that had been installed you'd be entitled to (depending upon timeframes) but you wouldn't be able to cancel the completed installation (depending upon information given). 

If the two are separate then the OP would be rejecting the oven and looking to recover the loss of the installation costs as damages.

Money_Grabber13579

sheramber said:

So the OP has claimed under the warranty he now needs to advise Currys he is claiming  the installation fee under the Consumer Rights Act.

I’d have thought it was very unlikely that the claim was under warranty. Warranties are generally provided by the manufacturer and so it would have been the manufacturer rather than Curry’s who would have provided the refund if the claim was in accordance with the warranty. In addition, I don’t think many warranties give cash refunds for faulty goods, it’s mostly repair or replacement.

So, the refund most likely has been given under the CRA but curry’s are just being useless at understanding their obligations, as usual.

Sandtree

cx6 said:

True - but the OP was offered (and declined) a replacement.

They are within the first 30 days, they have a statutory right to reject the goods for a refund and don't have to entertain any suggestion of repairs or replacements.

I believe the whole "one contract" thing is contentious having had conflicting legal advice myself in connection with my matching fridge and freeze where the freezer was written off and is no longer made and I didnt want a non-matching replacement. Mine had to go to issuing before JL finally agreed to refund both items less use.

In this case however you wouldnt need to rely on the one contract argument because of the fact the fitting costs are a direct loss related to the fault and so would be claimable irrespective if its one contract or not.

The OP hasnt said where they bought it (online, in store) and there is always the possibility that Currys have processed it as a change of mind return and hence wouldnt be eligible for a refund of the services rendered... its also unclear if they have even spoken to Currys about the lack of a refund of fitting, this could all be a mountain out of a admin error mole hill and they dont contest that they should refund (though I also like to be prearmed with knowing my rights etc before speaking to a company)