Hi, I'm currently in deadlock with Currys and now need to consider legal options. Any help would be great!
If you paid by credit card section 75 is easier and free. If not small claims court.
Hi, I'm at the point where legal action is my only option left. DI'd you do anything in particular to get them to admit liability?
Hi this is the forum for the good results, please use the ks owners refund thread. It is all condensed in the more info thread. They will never admit liability, and it is through section 75 and court that they will force them to refund. They know with civil law they can not be prosecuted, unlike with criminal law. Saying that if they lost in the small claims court that would set a president, which they do not want. So I think they will settle out of court just like John Lewis did.
Might be useful for everyone using the KS refund thread to please let others know on this dedicated thread thanks.
Well, here it is:
My case against Currys was heard today and the judge ruled that Currys were guilty of innocent misrepresentation, and in accordance to the 1967 Act I have been awarded damages of £1199 + costs and expenses. (Expenses are limited to £95, see here - https://www.moneyclaimsuk.co.uk/litigant-in-person-costs-and-expenses.aspx )
The judge said that Innocent misrepresentation doesn't mean the contracts should automatically be rescinded the way that they would for fraudulent or negligent and he deemed that as the TV had been used for 2 years it wasn't possible to do so. Therefore he deemed that the contract should continue and I should keep the TV and Currys should pay me damages to the tune of £1199. This is a marked improvement over the £330 Currys had offered me last week.
To be honest I'm reasonably satisfied with the outcome, although I may have preferred to have had the contracts rescinded I think if I was to sell the TV now I would have the vast majority of the money back, if not all of it. FYI my TV was £2199 when I bought it.
Currys Reference - HRR/542332
Mony Claim Reference - 024MC040
Do you have the email address of who you mailed at RS or does anyone else have an email address?
You are best asking in this thread for information as we want to keep this thread for just results.
The email address is just the contact email on their webpage and they will send to the right place.
No probs. If you making a claim against Richer sounds you should have no problems as they have been giving full refunds on request unlike Currys and john Lewis. There is loads of templete letters in the other thread and advice.
I have been fighting with Currys since last November and had reached the deadlock situation of the offer of £150 live with payment and getting the hub from Samsung which I refused. I then took out a Section 75 claim against Creation Finance and that has still not had a decsion after over 20 weeks with them saying that Currys had not provided them with the requested information so they could not make a decision. They advised I could take it to the Ombudsmen which I did two weeks ago at which point I also emailed Currys again stating it was disgusting that they were ignoring the requests for information and that it was now being referred to the Ombudsmen.
Within two days I had a letter from Dixons Carphone DCC customer experience team stating they were fully investigating my complaint again! Then a phone call yesterday stating that they now had approval for me to return the TV for a full refund due to the original miss selling of the item. Those were the words they used.
I have now had confirmation from them via email that once I return it they will refund the full amount paid on the credit agreement so far plus the £250 deposit paid at point of sale.
Now just the long and agonising decision over what TV to replace it with.