Currys

[des8]

Re: Currys

We don't know when item was put out in open.
It may have been in doors and the op not able to put it outside till later.

interestingly I'm not the only one who suggested claiming for wages (cf post 3)

[Epic]

Re: Currys

Replied previously to everyone's thoughts but post not showing?

Anyway, update, Currys agreed to pay an amount but have now reneged on this. I have just had an email from them to say a £15 refund will be applied to my card but this is not the agreed amount, it is simply the cost of the re-cycle.
Previously they demanded my Bank details to pay the higher agreed amount, which I will not be providing as they have the card details I used for the original purchase.

This is the final straw. My plan now is to issue through MCOL for my losses and costs.

[des8]

Re: Currys

Good luck.
If you want assistance, or just a check over of letters etc. feel free to post up.

[CLL1]

Re: Currys

We don't know when item was put out in open.
It may have been in doors and the op not able to put it outside till later.

interestingly I'm not the only one who suggested claiming for wages (cf post 3)

"During this time my fridge freezer remained in the front driveway"

The loss (i.e. of wages) is simply not foreseeable. To suggest otherwise is disingenuous and would fail the Hadley v Baxendale test quite clearly.

Exactly how much are you planning on taking Currys to court for.....?

- - - Updated - - -

Replied previously to everyone's thoughts but post not showing?

Anyway, update, Currys agreed to pay an amount but have now reneged on this. I have just had an email from them to say a £15 refund will be applied to my card but this is not the agreed amount, it is simply the cost of the re-cycle.
Previously they demanded my Bank details to pay the higher agreed amount, which I will not be providing as they have the card details I used for the original purchase.

This is the final straw. My plan now is to issue through MCOL for my losses and costs.

If the £15 is the full cost you paid for a service not performed, that is the damage you have suffered and will, in my opinion, be all you'll be entitled to at Court. You're going to be hard pushed to show that Currys foresaw you'd be taking time off work to be present when the fridge was collected, or in the alternative, that it was reasonable and/or necessary.

[des8]

Re: Currys

"

The loss (i.e. of wages) is simply not foreseeable. To suggest otherwise is disingenuous and would fail the Hadley v Baxendale test quite clearly.

.

I tend to disagree with you on this point.
Now a days it is not unusual for all adult members of a household to be working, and arrangements have to be made for delivery/collections.
IMO it is reasonable to anticipate a day would have to be taken off work to facilitate deliveries etc. and hence in event of missed delivery there would be a loss of wages


Further, if it cost more than £15 to arrange alternative disposal of the fridge, a claim could be made for the extra costs as it is a loss of bargain.

[CLL1]

Re: Currys

I tend to disagree with you on this point.
Now a days it is not unusual for all adult members of a household to be working, and arrangements have to be made for delivery/collections.
IMO it is reasonable to anticipate a day would have to be taken off work to facilitate deliveries etc. and hence in event of missed delivery there would be a loss of wages


Further, if it cost more than £15 to arrange alternative disposal of the fridge, a claim could be made for the extra costs as it is a loss of bargain.

Your reply hasn't considered the Baxendale test, presumably because if it had, I think your position would be different. If it were the case that Currys asked OP to be present, then there is still an argument as to loss (unless OP is self employed), albeit a harder argument for Currys to run with.

I think we'll have to agree to disagree, but if OP intends to pursue, I'd be interest to follow the case.

[des8]

Re: Currys

I had and consider a "first limb" loss, even following The Achilleas case, possible

Might not hear from OP again!