Currys will not refund or replace faulty new washing machine - despite court threat

[Rottathehutlet]

Hi all. I would be grateful of some advice please if anyone is able to help.

 

I had a new washing machine delivered by Currys on 5th Feb. It was faulty from the start so I tried to inform Currys. They told me to contact the manufacturer. I knew that they were wrong to insist on this but I did so anyway, and I now have an email trail from LG telling me that an engineer visit is needed. I refused the engineer visit and told Currys I wanted to use the 30 day rejection as per CRA2015. I know CRA2015 fairly well because I had to use it for a faulty car last year.

Currys just kept telling me that I had to go back to the manufacturer.

 

In desperation I emailed the Currys/PCworld/Dixons CEO. I realise that he won't have seen the email but one of his minions got in touch and promised to help. After a very lengthy email conversation over a few days this guy told me to contact the manufacturer! 

 

I sent Currys (by post and email) a Letter Before Action, telling them that if it wasn't sorted by 15th March I would take action. I offered mediation but they ignored it. I sent the email to head office and sent copies to all staff I had previously dealt with as well as the CEO. I received one email reply, from the CEO's minion, telling me that he was sorry that we had been unable to resolve this amicably.

 

To date I have received no reply to the LBA, nor do I expect to receive one. 

I have used moneyclaim online before, so I am not too worried about doing that. The only issue I have is that I know that if I lose I will be liable for their fees, so do I let these people get away with this or is there some way I can guarantee that I won't be faced with huge fees? 

 

Thanks for reading this far!

[BankFodder]

Well done on referring to the consumer rights act. You're absolutely right, you are within 30 days and you have the right to reject it out of hand and to insist on a refund. Have you asserted your right in writing? If not, do it immediately. Do it by email and confirm by letter – referring to the email.

It's essential that you do this now.

Well done on having issued a letter before action.

Please can you post it here in PDF format so we can have a look.

On the basis of what you have told us, – in particular if you have evidence that you have asserted your right to reject, then there is absolutely no reason why should loose. However, to reassure you on the point of costs – your maximum risk factor is your own costs of bringing the action, the hearing fee if it goes that far – and their reasonable cost of travel if it goes that far and if there is an in-person hearing. Most hearings nowadays are conducted on the phone.

Other than that there is nothing else to lose.

The only slight point here that they could leverage is that you appeared initially to concede your right to reject by taking it to the manufacturer. I don't understand why you did this. I don't understand why you would pay good money for a brand-new machine and then accept the fact that it needed to be repaired. However, I don't really think that this will stand against you. It would have to be very unusual judge who would accept this.

You need to understand that – especially with companies like Currys – whose customer service is extraordinarily bad – you must stand absolutely on your rights, give no ground – no prisoners.

They will be merciless with you – any concession to them is simply giving ground.

Let's see the letter of claim. Have you started preparing your particulars of claim? We can help you with that as well.

[Rottathehutlet]

Hi. Thanks very much for taking the time to read and respond to this post. I was a CAG member many years ago under a different username and I think it was you that helped me then, with a few DCAs. Thankfully, with help from this forum, that's all behind me now.

 

As far as this issue is concerned; the only reason that I contacted the manufacturer is because they just would not deal with me at all unless I did so, even though I knew they were in the wrong (and I told them so many times, quoting CRA2015) I just thought that it might make it easier if the manufacturer would put it in writing that there is a fault.

 

To be honest, at the start of all of this I assumed that Currys were still the excellent retailer that I was used to and have been using since I can remember. I don't really know when they started, but I am pretty sure that I have been buying from them since the 80s (a walkman I think - showing my age there!) although I hadn't done so more recently.

 

I honestly thought that when the manufacturer confirmed that there was a fault Currys would do the right thing. I am shocked at how terrible they have become.

 

I have attached my LBA. I downloaded the template for this from the Which website. It's slightly different to the last time I used an LBA, against a car dealer.

 

There's a bit in there about Paypal. Unfortunately I used Paypal, in hindsight I wish I had used a credit card because I could probably then use section 75 (another thing I learned from CAG a few years ago).  Again, I didn't foresee any problem with Currys because of my history with them.

 

 

lba currys.docx

[BankFodder]

It will be very helpful if you could space your posts a bit more. Well space makes it much easier for people to engage with – especially when they are looking at it on a small screen.

I'm not sure how long ago was that curries could ever have been considered an excellent retailer. They've always been curmudgeonly about their customer support. All I can say is that there were times when they were maybe a better retailer because at the moment things are very bad with them.

If you used have an account here then maybe we can merge them if you still have access to the old email address that you used. We weren't around in the eighties. We started in 2006.

I don't see why you think that your previous history with curries should influence their standard of customer-dealing with you. Big Fail.

Also, yes – failure to use a credit card – Big Fail.

 

I've had a look at your letter of claim. I can't believe that this is the standard of stuff provided by Which magazine.

It really is verbose and goes into all sorts of irrelevant details – and in case you haven't understood it yet, Currys don't care about the problems they have caused you, whether or not their behaviour is unacceptable, your level of exasperation – you attempt to be reasonable to them by proposing some kind of negotiation (what on earth is there to negotiate here? You paid 100% of the money and you want 100% of what you paid for. Is there a problem with that?)

Have you sent this letter of claim yet?

You better let us see your proposed particulars of claim before you click them off.

I have no idea why you went to Which – when you know that we exist and you've been here before.

 

 

Also, I have just noticed that you have given them 28 days to respond. Bless!

[BankFodder]

Unless you have already sent it – which I don't think it's clear – how about this as an alternative:

 

Quote

Dear Sir/Mdm

Letter of claim – defective washing machine reference number X X X

 

As you know, I purchased the above washing machine on X X X date. On first use it displayed a fault – in that it (failed to heat up/failed to spin blah blah blah whatever the fault was).

I informed you on X X X date and despite the fact that it was a new washing machine you directed me to the manufacturer. The manufacturer has confirmed that there was a fault and that it needs a repair. However, it was a new machine and because it displayed the defect within the first 30 days, I wrote to you on X X X date and asserted my right to reject the machine under the Consumer Rights Act 2015.

Despite this, you have refused to accept responsibility and you have refused to refund me my money – in beta your strategy obligations.

If you do not reimburse me in full within 14 days and also arrangements to collect the machine, then I shall see you in the County Court and without any further notice.

Yours faithfully