Another damaged cooker from Currys

[Leam43]

Hello CAG:

 

 

I have a problem with a built-in cooker delivered damaged - but it has a different twist.

 

 

I bought two ovens on March 25 - a combination oven and an electric oven. Both were delivered on March 31: the combination oven came via Know-How and the electric oven directly from Bosch, in separate deliveries. Neither oven was unpacked or inspected by the driver on delivery - in spite of the stated pledge on the invoice:

 

"What will be done for you?

- We will unpack your product and dispose of the packaging for you - we'll recycle it if we can.

- Before we leave, we'll make sure you're happy with the work we have done."

 

 

Now you must understand that these are built-in ovens and are heavy and complex products. What I did was to superficially check both ovens for any scratches on the glass fronts and trim. There appeared to be none and the external polystyrene packing seemed fine. So I left them unpacked, to await installation.

 

 

These were the first items to arrive for our kitchen refurbishment. Seven weeks later the installers came and they immediately found that the electric oven was badly damaged - beyond repair. There is an extra twist in that I was going on holiday for a week on that day - our kitchen was being refurbished while we were away. So I phoned Currys immediately on my return. I have sent letters, emails, photographs - and many phone conversations.

 

 

Initially I was told to contact Bosch. I didn't see why I should but I did - I sent a brief email message about the problem. Someone phoned me next day - apologised profusely and told me not to worry, it would be replaced. She told me all she need was an 'uplift number' from Currys and it would be sorted. (I have the name, time and phone number of that call.) A phone call back to Currys revealed that this was the wrong way round - Bosch provide the uplift number, not Currys. And so it went on ... .

 

 

Currys are steadfastly refusing to replace the damaged oven on the grounds that seven weeks is beyond a 'reasonable' time. After several phone calls to Currys and Bosch - I have been given various time intervals for reporting damage on delivery: 48 hours, 4 weeks (Currys); 24 hours, by the driver on the day (Bosch) - there is no consistency. But they are all adamant that 7 weeks is just too long.

 

 

My questions to anyone in CAG who might know the answers please:

 

 

1. Do I have any chance of getting a replacement oven from Currys? If so, what is the chance: 20%, 50%, 80% or what please?

 

 

2. I have written a standard (CAB) letter to Currys about SOG 1979, asking for a replacement - and have received a brief email saying 'No'. Anything else I can do?

 

 

3. I have applied to my credit card company about Chargeback - no reply yet, it has only been sent a week. What are my chances there please?

 

 

Obviously, I now wish I had attempted a more thorough check myself on delivery. But I didn't - and anyway, the full extent of the damage might not have been obvious to me.

 

 

The fact remains that I now have an oven that was damaged in transit and is beyond repair. It is still sitting in my garage in its packing. Currys have offered me 10% off a replacement! (As if ... !) Had they offered 90% as an act of goodwill at the outset then I would probably have accepted it. But I can buy it on Amazon for 10% less anyway!

Edited June 10, 2014 by Leam43

[rebel11]

Hi Leam43

 

Welcome to CAG

 

 

Ask you card provider to carry out a Section 75 claim. Amend the template, send it Recorded Delivery.

 

http://www.which.co.uk/consumer-rights/regulation/section-75-of-the-consumer-credit-act

[Leam43]

Many thanks indeed for your speedy reply. I believe I have already made a Section 75 claim (last week) - please correct me if I am wrong. Following your advice to other posts I contacted my credit card company and I have filled out their form and have sent full details of the whole saga. Is this a Section 75 claim?

[rebel11]

Hi Leam43

 

With a Credit Card you can carry out a Chargeback, as well as the added protection of Section 75 for purchases over £100. They have the information, lets see what the Credit Card company come back with. Remember they might play 'Hardball' and you will need to persist.

 

Many thanks indeed for your speedy reply. I believe I have already made a Section 75 claim (last week) - please correct me if I am wrong. Following your advice to other posts I contacted my credit card company and I have filled out their form and have sent full details of the whole saga. Is this a Section 75 claim?

[Leam43]

Thank you rebel11. I will obviously let you know. I assume it might take a while.

[rebel11]

Do update us, see if we can provide further input. Lots of other actions you can take.

 

Thank you rebel11. I will obviously let you know. I assume it might take a while.

[Leam43]

Now that the dust has settled on this issue - you might be interested to know how it all ended.

 

 

I went to CAB to seek their advice. The strong advice I got was to pursue a claim through small claims court - they said it might take a while but in their judgement I had a strong case.

 

 

I had reached a point with Currys where they offered me £100 cash (i.e. to drop my claim and simply to go away), That was very definitely their final offer.

 

 

I decided to accept their offer and draw a line under it. Why? Because (a) I could not struggle on for more weeks without an oven and (b) talking to friends I discovered that small claims courts often seek a compromise - so I might not get all my money back anyway.

 

 

I cut my losses by purchasing an identical oven from another online supplier at a price £100 lower than Currys - so in total I managed to save £200 on a replacement. I felt marginally comforted. Neither I nor my family have bought anything from Currys since. They have no regard to repairing goodwill - which I find very surprising. They could have done this without any cost to them. Thank you for your advice!

Edited January 13, 2015 by Leam43
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