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LTKY

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Everything posted by LTKY

  1. LTKY
    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. LTKY
    I am inclined to agree, although I was wondering if this information can be presented in the evidence?
  3. LTKY
    From a rough calculation, excluding non perishable food, it comes up to around £40.
  4. LTKY
    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. LTKY
    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. LTKY
    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. LTKY
    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. LTKY
    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. LTKY
    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. LTKY
    Indeed, thanks again. I will keep you updated with the proceedings.
  11. LTKY
    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. LTKY
    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. LTKY
    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. LTKY
    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. LTKY
    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.
  16. LTKY
    It appears that Currys are not taking the case seriously. Following their reply, I posted another recorded letter enclosing, 1. employer's HR letter confirming date of unpaid time off and income lost, 2. detailed receipt of foods dated/timed before delivery - in fact claiming a smaller amount as I want to focus on lost income 3. photos of the damaged fridge The amount is between 100-200, which is more than reasonable and quantifiable. I allowed seven days for a satisfactory response, already overdue. If there was intention to cooperate it would be clear by now, from the small claims point of view I have made reasonable effort to resolve. I will submit a case for the above and request release of the conversation with the customer services if possible...
  17. LTKY
    Thank you! I wouldn't waste a second replying to the "useful troll" above, whose attitude is exactly the free pass Currys need to get away with letters like above.
  18. LTKY
    How would you recommend to move forward? The response is below any standard for any retailer I have interacted with, they are in fact not even bothering to offer some form of compensation for the inconvenience. I would consider taking the case to a consumer body but from their response, they leave no alternative but to show I am quite a bit more serious than they thought and serve an LBA with evidence?
  19. LTKY
    The response from Curry's is completely unacceptable, they set the compensation to an absolute zero without even me having discussed an amount of compensation. The letter almost reads generic and sets a new low for the british service standard. Letter inserted below... Firstly they make an assumption that I had bought food to store in a new fridge while completely ignoring the fact that my old fridge was removed by the very same company, thus I would be transferring food eventually between the units. Also, having a small child I cannot obviously live without any food prior to delivery and for 10 hours after delivery of a new fridge. Furthermore, I had to keep a damaged fridge for 3-4 days, ridiculous! At the same time they rejected the returning of my old fridge which was in transit minutes away from my home when I contacted them. It does not take 10 hours to prepare a fridge for use (a completely unsupported statement), with the manufacturer's manual setting the waiting time to 2 hours, of which all the preparation of the unit can be done. Whilst the fridge can drop its internal temperature significantly quickly once in operation, as I used it myself and know that very well. Food does not perish in two or three hours, it certainly does in 4 days though !! However, it is completely unacceptable that I have to suffer income loss because they could not resolve this matter immediately, resulting in having to take time off due to the urgency of the situation. edit p.s : Letter before action with manufacturer's manual, receipts and income loss in the prepare...
  20. LTKY
    I received the new fridge and things have been fine since. Two more things I noticed, when the delivery guys collected the old 'damaged' fridge the door came off just from picking it up (although it looked perfectly fine on the outside). The next thing was the new motor, which had a whole lot of additional support around it, so there was quite a lot more missing from the damaged one. The biggest disappointment with Currys is that while they have received my tracked letter a week ago they have yet to respond...
  21. LTKY
    Agreed, but I had to throw away several things as the fridge could not be used, just the freezer. Receipts are available with date and time from that date and before if asked. But the important part is the loss of income for time to be taken off to resolve the delivery...
  22. LTKY
    That was a give or take figure, it may have been less. The above value includes £45 of meat from the butcher and £30 for fresh fish. Then dairy products, deli and other items worth around £50 in total. This does not come from a single week's shopping, it is a fridge after all. But I am not claiming the entire amount, just the items I had to dispose of as I could not open the fridge door. Sorry to say but I disagree, a replacement does not settle things after all that hustle and loss of income.
  23. LTKY
    I will definitely be claiming for loss of income, as I am a contractor and will not receive pay for this. Thank you for your advice!
  24. LTKY
    They rang me this morning to arrange for a replacement delivery, but I will have to take half day off work as they can only allocate four hour slots. There was no point to take this further over the phone with the employee, so I have decided to send them a formal letter of complaint. I am not sure whether something can be claimed for part of the food or income loss, perhaps I should send a letter and see what they say first.
  25. LTKY
    Thank you, I agree phone conversations tend to "disappear" when the party recording is at fault... What about the fact that I have had to use the fridge (as instructed eventually by customer support) to at least contain the damage to my food? Should I mention this in my letter at all or leave it to their end to decide how to handle?

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