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    • chess321
    • By chess321 10th Mar 18, 10:23 AM
    • 18Posts
    • 2Thanks
    chess321
    Curry PC World ...Court or alternatives?
    • #1
    • 10th Mar 18, 10:23 AM
    Curry PC World ...Court or alternatives? 10th Mar 18 at 10:23 AM
    Hi all,

    A few years back (yes I fell for it from the looks of it!) I purchased a camera and “insurance” from Currys PC word, after 4 years of use I accidentally dropped the camera from a 2nd floor flat onto the street below…..sadly the camera broke (I am not surprised as the floor was concrete). I submitted a claim to Curry and they sent it to their “repair” department DGS.

    After a couple of weeks I received a letter back stating that they do not believe my explanation was not consistent with what I told them and that they would not repair it unless I provided further explanation. Which I duly did (I am not expert on the potential damage to an object falling from 30feet on concrete and I can only go by the result of what happened to my Camera). Since then I wrote 2 further letters, all duly ignored as I have not received any correspondence back (last letter was sent signed for and received 4 weeks ago). I am aware that Team Knowhow always seem to “reject” claims (presume they think 70% would go away) however I am a bit fed up at the lack of consideration and wondering if the only alternative would be to send the letter before action? In this case is there anything specific I would need to ask them to send me before taking further steps?

    I would be more than happy if they repaired the Camera as it has always worked perfectly but they seem to have shut down all correspondence. I never had to get this far but guess there is always a first!
Page 1
    • LilElvis
    • By LilElvis 10th Mar 18, 10:41 AM
    • 3,549 Posts
    • 9,755 Thanks
    LilElvis
    • #2
    • 10th Mar 18, 10:41 AM
    • #2
    • 10th Mar 18, 10:41 AM
    Does the "insurance" cover accidental damage? I can't see that it would be possible to repair any electronic item that had been dropped from two storeys so what does the policy say about the situation where a repair isn't possible?
    • missile
    • By missile 10th Mar 18, 12:20 PM
    • 9,443 Posts
    • 4,697 Thanks
    missile
    • #3
    • 10th Mar 18, 12:20 PM
    • #3
    • 10th Mar 18, 12:20 PM
    Hi all,

    A few years back (yes I fell for it from the looks of it!) I purchased a camera and !!!8220;insurance!!!8221; from Currys PC word, after 4 years of use I accidentally dropped the camera from a 2nd floor flat onto the street below!!!8230;..sadly the camera broke (I am not surprised as the floor was concrete). I submitted a claim to Curry and they sent it to their !!!8220;repair!!!8221; department DGS.

    After a couple of weeks I received a letter back stating that they do not believe my explanation was not consistent with what I told them and that they would not repair it unless I provided further explanation. Which I duly did (I am not expert on the potential damage to an object falling from 30feet on concrete and I can only go by the result of what happened to my Camera). Since then I wrote 2 further letters, all duly ignored as I have not received any correspondence back (last letter was sent signed for and received 4 weeks ago). I am aware that Team Knowhow always seem to !!!8220;reject!!!8221; claims (presume they think 70% would go away) however I am a bit fed up at the lack of consideration and wondering if the only alternative would be to send the letter before action? In this case is there anything specific I would need to ask them to send me before taking further steps?

    I would be more than happy if they repaired the Camera as it has always worked perfectly but they seem to have shut down all correspondence. I never had to get this far but guess there is always a first!
    Originally posted by chess321
    What "insurance" plan was that? Did you buy the "Repair & Support Plan"

    For peace of mind you can protect your product with a Repair & Support Plan. If your product breaks down or suffers a mishap, we!!!8217;ll fix it for you and if we fail to fix it within 7 days you can ask for a replacement.
    Q: Will the Repair & Support Plan protect me if I drop my product?
    A: Yes, our Repair & Support Plan will cover mishaps. Damage caused by neglect, misuse or abuse of the product is excluded.

    Section B - What is not included?
    Repair or replacement of the Product which has been neglected, abused, misused, or damaged intentionally. You must take reasonable care of the Product.
    I would suggest dropping from a 2nd floor window would be excluded under the terms of the plan
    Last edited by missile; 10-03-2018 at 12:24 PM.
    "A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
    Ride hard or stay home
    • glentoran99
    • By glentoran99 10th Mar 18, 12:54 PM
    • 5,248 Posts
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    glentoran99
    • #4
    • 10th Mar 18, 12:54 PM
    • #4
    • 10th Mar 18, 12:54 PM
    What "insurance" plan was that? Did you buy the "Repair & Support Plan"





    I would suggest dropping from a 2nd floor window would be excluded under the terms of the plan
    Originally posted by missile


    by that logic all accidental damage claims would be rejected
    • chess321
    • By chess321 10th Mar 18, 2:29 PM
    • 18 Posts
    • 2 Thanks
    chess321
    • #5
    • 10th Mar 18, 2:29 PM
    • #5
    • 10th Mar 18, 2:29 PM
    to clarify it was the "whatever Happens" insurance (that is how it was sold. i.e anything that happens, even by accident or anything) they would repair the camera or replace it...... so yup even dropping it (not intentionally by all means) from a 2nd floor is accidental....
    • missile
    • By missile 10th Mar 18, 3:35 PM
    • 9,443 Posts
    • 4,697 Thanks
    missile
    • #6
    • 10th Mar 18, 3:35 PM
    • #6
    • 10th Mar 18, 3:35 PM
    by that logic all accidental damage claims would be rejected
    Originally posted by glentoran99
    What a ridiculous statement

    OP would have to explain how when taking reasonable care, he managed to drop it from a second story window. For example, if he was leaning out to take a photo ... Maybe they suspect fraud and it was deliberate ploy to get a new replacement camera.
    "A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
    Ride hard or stay home
    • mije1983
    • By mije1983 10th Mar 18, 4:07 PM
    • 2,969 Posts
    • 18,817 Thanks
    mije1983
    • #7
    • 10th Mar 18, 4:07 PM
    • #7
    • 10th Mar 18, 4:07 PM
    wondering if the only alternative would be to send the letter before action?
    Originally posted by chess321
    Yes that would be your next step if Currys have made their final position known. This may prompt them into settling your complaint, however they may well ignore it. Then you would need to follow through.


    OP would have to explain how when taking reasonable care, he managed to drop it from a second story window. For example, if he was leaning out to take a photo ...
    Originally posted by missile
    And, if leaning out of a window 30 feet up, would reasonable care involve having a wrist strap/neck strap attached to the camera in case you lost your grip? In my opinion not doing that isn't taking reasonable care.

    Even if the OP wasn't using the camera at the time, would leaving it next to a open window 30 feet up be considered reasonable care? I would guess not.

    It could be a tough battle for the OP if Currys refuse to budge.
    Last edited by mije1983; 10-03-2018 at 4:09 PM.

    • DoaM
    • By DoaM 10th Mar 18, 4:47 PM
    • 4,284 Posts
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    DoaM
    • #8
    • 10th Mar 18, 4:47 PM
    • #8
    • 10th Mar 18, 4:47 PM
    If OP sends an LBA and Currys ignore it (or respond to refute the claim), if OP then files a claim Currys will probably settle it before it goes to court ... it's a matter of risk/reward - Currys won't risk court as the costs to do so outweigh any benefit they gain, even if they win.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • missile
    • By missile 10th Mar 18, 6:10 PM
    • 9,443 Posts
    • 4,697 Thanks
    missile
    • #9
    • 10th Mar 18, 6:10 PM
    • #9
    • 10th Mar 18, 6:10 PM
    If OP sends an LBA and Currys ignore it (or respond to refute the claim), if OP then files a claim Currys will probably settle it before it goes to court ... it's a matter of risk/reward - Currys won't risk court as the costs to do so outweigh any benefit they gain, even if they win.
    Originally posted by DoaM
    A dangerous game.... Currys could argue the claimant has made a vexatious claim. If the judge considers claimant's case spurious with no merit, he could award costs which may be several thousand pounds.
    "A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
    Ride hard or stay home
    • Ectophile
    • By Ectophile 10th Mar 18, 7:54 PM
    • 3,116 Posts
    • 1,988 Thanks
    Ectophile
    A dangerous game.... Currys could argue the claimant has made a vexatious claim. If the judge considers claimant's case spurious with no merit, he could award costs which may be several thousand pounds.
    Originally posted by missile
    If it's the small claims process, then the judge would never award costs of thousands of pounds. It's deliberately a low-cost process with limits on what can be claimed in expenses.

    And I find it hard to believe that the judge would consider anybody claiming for accidental damage on a policy that covers accidental damage was "vexatious" even if the judge found against the claimant.
    If it sticks, force it.
    If it breaks, well it wasn't working right anyway.
    • missile
    • By missile 10th Mar 18, 11:58 PM
    • 9,443 Posts
    • 4,697 Thanks
    missile
    Thousands was an exaggeration, but judges can and often do award costs to claimants / defendants when they feel it is appropriate.

    If you lose
    If you lose the case, you may have to pay the trader's costs if they ask the court for them to be paid. You'll also have to keep to the terms of any court orders that the judge makes against you.
    https://www.citizensadvice.org.uk/law-and-courts/legal-system/taking-legal-action/small-claims/going-to-court/after-the-court-hearing/
    Last edited by missile; 11-03-2018 at 12:02 AM.
    "A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
    Ride hard or stay home
    • DoaM
    • By DoaM 11th Mar 18, 1:07 PM
    • 4,284 Posts
    • 4,330 Thanks
    DoaM
    CPR 24(g) (I think) allows exceptional costs for unreasonable behaviour. So in that respect you are right.

    But your scaremongering is totally unwarranted ... the bar to clear for exceptional costs to be awarded is very very high. There are examples of companies clearly being vexatious litigants but judges are very shy in finding them as such.

    (A vexatious litigant is one who makes a claim which they know has no prospect whatsoever of success. The OP's claim would not in any way, shape or form fall into the vexatious classification).

    I stand by my previous post.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • chess321
    • By chess321 11th Mar 18, 8:07 PM
    • 18 Posts
    • 2 Thanks
    chess321
    hi all, thanks for all the advice, I would go the court way if I have to. Reason being is that I know that I am not trying to "Pull one" and yup prepared to lose a few £££ to prove my point. I do understand curry's point of view, what I do not accept is the lack of responses after....(when I provided them with as much details as possible on what happen). Personally I would be delighted if they could have repaired the camera, yes it is 4 years old but served me greatly over the past few years....... Just feels weird as I never claimed anything in my life (either I have been very lucky and never needed to or just did not bother)..... we will see anyway worse care I would lose a few £££ but at least I would have a clean conscience
    • missile
    • By missile 11th Mar 18, 10:46 PM
    • 9,443 Posts
    • 4,697 Thanks
    missile
    But your scaremongering is totally unwarranted ... .
    Originally posted by DoaM
    I was merely trying to alert OP to the possibility that if he decides to go to court things may not go as he hopes.
    "A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
    Ride hard or stay home
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