Currys refusing to refund

stevec1971371

ArbitraryRandom said:

Not really relevant to your topic, but are you sure you're not overloading the dryer? 

Tumble dryers are rated based on the dry weight of the items - and are often less than a full load in a similar sized washing machine. 

Thanks - I'm sure.  If anything, underloading it.  Its rated up to 10kg whereas the washer is only 7kg.  In this case it was 1 double flat bed sheet weighing about 2kg tops.  Thanks everyone for chipping in.  I'll see if anything happens in the coming weeks. 

DullGreyGuy

stevec1971371 said:

 I claimed a section 75 via AmEx and they refunded the money the next day - but - I feel that Currys have gotten away with it and I feel that I should take them to the small claims court.  Is this just churlish as AmEx have already refunded the money?  I wouldn't want them to treat others this way.  Thoughts?

With AmEx you "raise a dispute" and they decide if to action it as a chargeback or a S75. As supported by the Ombudsman it is generally best to do a chargeback first as it is more time limited and so you can always do a S75 after if the chargeback fails. 

Under a chargeback AmEx claws the money back from Curry's accounts and credits it to you. However they will have warned you that if it's disputed and they side with Currys then the money will be taken back from you again. There will be mention of 45 days but in reality it can be longer as that's how long the merchant has got to respond but there is time before that for it to be sent to them and time after it for the bank to consider the response. 

In reality you still have the goods and so the chances are likely that it will be rejected; you'd normally have to return them first and then action the chargeback when the refund isn't received. 

Right now it would be Undue Enrichment if you were to attempt to issue proceedings against Currys as you currently are not out of pocket having been refunded and you still have the goods so to attempt to get the money back a second time goes well beyond what your entitled to and could cause you problems were the courts and other authorities made aware. 

SandyShores

Seems to be a common problem - this article recommends folding your sheets to help prevent it: https://www.houzz.com/discussions/2418168/help-trying-to-stop-items-balling-up-in-dryer

RefluentBeans

I’d be surprised if Currys doesn’t reject the chargeback. As far as I understand it - chargebacks are fairly quick but can leave a contract unpaid (as to Currys you have the goods and have the money) so even if they dint appeal it and the chargeback is sustained, they can still claim the contract has been breached as you failed to pay and start a debt recovery/legal proceedings against you. 

To confirm - you got this item this week, and then did a chargeback a few days after? I think the gun may have been jumped a bit here. 

Vectis

SandyShores said:

Seems to be a common problem - this article recommends folding your sheets to help prevent it: https://www.houzz.com/discussions/2418168/help-trying-to-stop-items-balling-up-in-dryer

Must admit, just reading this thread out of curiosity as we don't have a tumble dryer, my first thought was to fold the sheets before putting them in. It would seem more logical to do this to prevent balling than simply pushing them in screwed up. Seems like a common problem anyway and not a fault.

jerryjerry

Small claims court cases can take time and effort. Consider whether pursuing the case aligns with your priorities and if the potential outcome justifies the investment of your time.