Currys promised exchange of Limited edition item then refunded instead, anything i can do?

chompie

Hi, i have an ongoing dispute with Currys where basically, i bought a Astro Bot Controller for my nephew's birthday (coming up next week) and when i received it Currys had done that thing they do where the just wrapped it strapped to something else in the order and put in a plastic bag, and it was badly crushed.
As it was a gift i did not want it looking that way so went onto Curry's CS and arranged a return.
However as it was a limited edition i made the guy promise they A, had some stock and B, would actually earmark one of those in stock to be sent to me. I told him otherwise i would keep the damaged one as the control was not damaged.
He assured me and so i sent the control out (after they cancelled the Pickup from DPD at 5am and blamed me but that is another story)

Anyway, after sending i received no word for about a week so i went back onto CS and was informed "item is no longer in stock and you will be refunded"

I was furious and kept going back and forth with the CS rep and getting nowhere so she then arranged a manager call back the next day.
I waited for this call back (30 minute window was given) and at the last minute of the window, i received would i could only call two text messages to say i had two missed calls, so it appears the manager rang until it registered and hung up and then rang again and hung up.  I rang straight back but was told the number could not be reached (it was/is a currys number)

Do i have any recourse here?  as they are just saying they refunded me and that is the end. (I have the transcripts showing that i was promised a replacement )
This item is now only available from scalpers on third party sites at a marked up price.

born_again

You got a refund for a faulty product.
As they have no more stock, there is nothing they can do, or have to do.

You are back in the position you were before purchase, so they have done everything they need to do under consumer rights.

A quick google seems to give the same message, no one has any stock. Although there appears to be some on ebay..

Aylesbury_Duck

chompie said:

Hi, i have an ongoing dispute with Currys where basically, i bought a Astro Bot Controller for my nephew's birthday (coming up next week) and when i received it Currys had done that thing they do where the just wrapped it strapped to something else in the order and put in a plastic bag, and it was badly crushed.
As it was a gift i did not want it looking that way so went onto Curry's CS and arranged a return.
However as it was a limited edition i made the guy promise they A, had some stock and B, would actually earmark one of those in stock to be sent to me. I told him otherwise i would keep the damaged one as the control was not damaged.
He assured me and so i sent the control out (after they cancelled the Pickup from DPD at 5am and blamed me but that is another story)

Anyway, after sending i received no word for about a week so i went back onto CS and was informed "item is no longer in stock and you will be refunded"

I was furious and kept going back and forth with the CS rep and getting nowhere so she then arranged a manager call back the next day.
I waited for this call back (30 minute window was given) and at the last minute of the window, i received would i could only call two text messages to say i had two missed calls, so it appears the manager rang until it registered and hung up and then rang again and hung up.  I rang straight back but was told the number could not be reached (it was/is a currys number)

Do i have any recourse here?  as they are just saying they refunded me and that is the end. (I have the transcripts showing that i was promised a replacement )
This item is now only available from scalpers on third party sites at a marked up price.

Not really, because you have had a refund.  They can't send you what they don't have.  You might push for some goodwill in the form of vouchers, but I don't think they have an obligation to do anything more than they've done already.  The only practical alternative for them is to a) await more stock from their supplier, or b) purchase one from a scalper, but would you want one that Currys have got from some anonymous third party?

the_lunatic_is_in_my_head

Purchase the cheapest replacement you can find and send Currys a letter before action for the difference as damages (loss of a bargain) due to breach of contract (not of satisfactory quality with regards to appearance and finish/freedom from minor defects).

Aylesbury_Duck

the_lunatic_is_in_my_head said:

Purchase the cheapest replacement you can find and send Currys a letter before action for the difference as damages (loss of a bargain) due to breach of contract (not of satisfactory quality with regards to appearance and finish/freedom from minor defects).

I wondered if loss of bargain might apply here, and initially pointed OP towards it before editing my post.  I don't think buying a product of unknown provenance from a scalper is a good idea, let alone then pushing Currys to partly pay for it.  It's a certainty that there will be counterfeit, stolen or second-hand controllers being sold as official and new, given the demand and supply problems.  How is OP going to know they're getting something that is genuine and will work, or will even turn up?  I think OP would be compounding Currys' poor customer service with a load of potentially expensive ambiguity.

TELLIT01

Things were certainly messed up by the people at the Currys store, but I'm afraid that doesn't surprise me judging from personal experience.  The reality is that you are in no worse a position financially than before you purchased the item, and Currys have the right to replace, repair or refund at their discretion.  I don't think you will get very far with Currys but that doesn't mean not to try.

the_lunatic_is_in_my_head

Aylesbury_Duck said:

the_lunatic_is_in_my_head said:

Purchase the cheapest replacement you can find and send Currys a letter before action for the difference as damages (loss of a bargain) due to breach of contract (not of satisfactory quality with regards to appearance and finish/freedom from minor defects).

I wondered if loss of bargain might apply here, and initially pointed OP towards it before editing my post.  I don't think buying a product of unknown provenance from a scalper is a good idea, let alone then pushing Currys to partly pay for it.  It's a certainty that there will be counterfeit, stolen or second-hand controllers being sold as official and new, given the demand and supply problems.  How is OP going to know they're getting something that is genuine and will work, or will even turn up?  I think OP would be compounding Currys' poor customer service with a load of potentially expensive ambiguity.

Yes I agree it is difficult If you look on eBay there are some people who clearly buy bits and pieces to resell where as I'd avoid someone who has 10 of them at a low price and/or is also selling other stuff that is often fake (cosmetics, trainers, etc).

Perhaps ask if you can have the receipt with the purchase?

Olinda99

I wonder if there might also might be a loss of bargain with the subsequent phone call where curries promised they would earmark one for the OP - one could argue a contract was formed for supply at that point

sheramber

Olinda99 said:

I wonder if there might also might be a loss of bargain with the subsequent phone call where curries promised they would earmark one for the OP - one could argue a contract was formed for supply at that point

What phine call?

chompie

sheramber said:

Olinda99 said:

I wonder if there might also might be a loss of bargain with the subsequent phone call where curries promised they would earmark one for the OP - one could argue a contract was formed for supply at that point

What phine call?

I assume they're talking about the manager call back that appeared to be a token call just to show they called. Which didn't actually register on my phone (which was right next to me) as a call and just showed up as two missed calls. (both in the same minute both non calls that i had no time to answer)

I asked them to supplement the cost of buying from a third party and was met with radio silence...

They did offer a lesser amount as a "goodwill gesture" but not enough to cover the extra cost of buying one from a third party seller.

If only they'd put things in bloody boxes.

Shipping expensive electricals in plastic bags, not even Very or Temu would do that!

Olinda99

sheramber said:

Olinda99 said:

I wonder if there might also might be a loss of bargain with the subsequent phone call where curries promised they would earmark one for the OP - one could argue a contract was formed for supply at that point

What phine call?

the one where they said they went on to curry's CS and they promised to reserve one etc

maybe it wasn't a phone call maybe it was online - my comment still stands