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LTKY

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  1. I am not sure which aspect of the process was the most convincing, whether it was my last response or the service of detailed particulars. I have received a cheque from their legal dept for the full claim plus fees and a notice of discontinuance to sign and return. They have not accepted legal grounds for income compensation, however they decided to settle and apologised for the inconvenience! Case closed! |Many thanks to everyone for your help
  2. I am inclined to agree, although I was wondering if this information can be presented in the evidence?
  3. From a rough calculation, excluding non perishable food, it comes up to around £40.
  4. It was the part not included in the claim Having lost the receipt before filing I could not put together a breakdown for all the shopping (that required refridgiration).
  5. Thank you There is a slight development, although I had lost my receipt for a large part of the shopping (and asked the supermarket branch before), eventually their services department has come back with a detailed receipt. I am not sure how this would complicate the case as my claim has already been submitted...
  6. As the claimant am I required to put the basis of my claim on "legal context" for the defendant party (just because they ask so) or can I simply define a set of reasonable grounds to the judge based on loses incurred by the other party's actions?
  7. I have claimed exactly what I lost, which was half day's income backed by a signed HR letter (evidence submitted in previous communication), and the amount is more than twice the amount being offered. Excluding the court fees it is four times the amount offered... edit: just to clarify, the amount of food claimed is not the actual loss, someone in the household disposed of one receipt which listed the other 2/3 of shopping. Which now is difficult to break down and dairy, meat and vegetables were binned, the court I assumed will probably not accept a credit card statement sum and an honest statement. The real amount of food loss is in the £50 range but I have not claimed all as I only found one receipt. So in conclusion what they are offering is very small and far from "reasonable compensation" to consider. It would be interesting to know what grounds were considered in reallymadwoman's case.
  8. Following service of claim and before submitting detailed particulars, their legal service jumped in quite quickly with a letter along the lines: That courts will find I have no legal grounds to claim loss of earnings under consumer contracts and the value of my claim can be no greater than the lost food plus the court fees. In case I disagree then should provide details on the legal basis of my claim. Despite all this they are offering to settle under a "goodwill gesture" for the amount of lost food and court fees. (which is quite small considering lost earnings) Also if I am awarded less than the amount they are offering by the court, they will be seeking award of all expenses on their end to attend the hearing. For the record the letter is not titled "without prejudice".
  9. Thanks for sharing, well done that's great news! The thing you said about John Lewis is so true...no more Currys. I fear the day when one of my other appliances may fail and I have to contact them.
  10. Indeed, thanks again. I will keep you updated with the proceedings.
  11. Thanks for clarifying. This is more of a procedural detail, my last letter was not titled as LBA but worded exactly like that in context, concluding to action via the small claims if they did not satisfy within a time limit. Does that satisfy the requirement for a LBA or does it have to be served "titled" as such. From my point of view we have exchanged enough letters and reached a dead end but I want to be clear so as not to have my claim rejected...
  12. In relation to another small claims thread here, I wanted to check whether letters should be also served to DSG Retail Limited which is the legal entity behind Currys? Also whether proceedings need to be served to their address and not Currys PO box or both?
  13. And here is the latest rubbish response they've sent, just to attest to the fact that this company gives no serious consideration to the customer's case. Presented with no comments. "Thank you for your letter dated May 2015. Please accept my apologies for the delay in this response. As discussed in our telephone conversation, I understand the inconvenience that you have experienced because the appliance was damaged and had to be exchanged and apologise for this. If any product was damaged or faulty when it was received, we would exchange this or provide a refund. We do not compensate for food loss, as food should not be purchased until the appliance has been delivered and has reached the desired temperature. Loss of earnings is also not compensated, as we deliver 7 days a week so it should not be necessary to take time off work as re-deliveries can be made if needed on a day when the customer does not have work commitments. I would like to offer you a £20.00 BACS payment as a gesture of goodwill. It is noted though you have stated that you do not want to accept this, but if you change your mind please let us know. Your letter has been logged under case reference (redacted). The Management team at the delivery depot will carry out a further internal review. Any training issues or disciplinary matters will be taken into account during this process. As this is will be undertaken internally, you will not be given any feedback. You have my assurances though that we will always take positive action to ensure that our customers receive the best possible service going forward. Thank you for taking the time to contact us. The feedback that has been supplied helps us ensure that the high standards we expect our customers to experience are constantly monitored and improved. "
  14. Thanks for sharing your experience! It has been over a month and I allowed enough time for them to come back with something reasonable. The last letter was not titled a LBA as such but included a time clause before action. As they have now acknowledged it and continue to respond on the same basis, I can't see any point in continuing the meaningless letter exchanging. They are probably hopping for people to give up, but they have this so wrong with this customer. I will follow through, day after day, month after month until I get my compensation. The reputation cost to them if far greater than a few minutes of my time, as I have all the facts on paper and ready to roll out. I am sick of retailers who are just in for the profit and fail to provide standard customer compensation when the proverbial hits the fan...
  15. To add insult to the injury, Currys decided to contact me directly and offer as a "gesture of goodwill" the amount of....£20!! I had to refrain from laughing or hanging up, difficult to understand the pointless call and the ridiculous offer. I told them there is no goodwill in this situation and whether they accept my losses or not is not up to their goodwill. The conversation went on and on with the person on the other end trying to divert the argument, insisting they do not offer any compensation for loss of income or food. I on the other hand, putting things back in context (yet again) explaining that my losses were not part of a standard delivery routine, but a direct result of their handling of the case and negligence to deliver a damaged appliance. They even argued they could not have known the appliance was damaged until after delivery and since it was replaced the case is closed. I think they almost attempted to blame the damage to the manufacturer's warehouse (lol?!). They even dared to say that the food claimed was little and should be put in ice. I then reminded them to go back and re-read my letter, which was honest and stated that I was missing a receipt for part of the food and would not claim over that part. I am now printing my credit card statement from the week's shopping to add into the claim, as they felt it was prudent to provoke further. I had to end the call as I could not take the conversation seriously any more. I asked for a response in writing and rejected the "goodwill gesture" which was a joke. There was plenty of opportunities to put things right, the company lacks professionalism and seriousness. I truly believe it's time to put this through small claims now as they have rejected all attempts.
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