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Taking Currys to Court

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  • Taking Currys to Court

    Can you help me with the legal basis for this claim?

    I had my father make a purchase for me five years ago in Currys. I was abroad. Asked him to get me some expensive headphones.

    They were sent to me abroad, and it turned out Currys staff misinformed him and sold the wrong ones, which were not the ones he asked for. They told him that they were. Emails show this.

    I sent them back to Currys from abroad, with a covering letter and receipt and asked them to contact me to arrange the refund.

    They did not do this, instead they arranged for the headphones to be returned to sender, after opening the package. When they arrived back in the USA, the package was missing the receipt and covering letter.

    I then mailed them again to Currys, when returning home briefly, and demanded a refund plus the postage costs, as I had to have them sent onwards to me at another place in the USA.

    They refused. The member of staff I was dealing with in their head office was super unhelpful and nasty. Unfortunately my father had passed by this point, so we could not find out how he paid, nor the precise date, etc. They refused ot look for the receipt any other way.

    In the end I agreed to have them sent back to me for the sake of an easy life, and gave them my mothers address. I was back in the USA by this point. An email from the nasty staff member confirmed they were being returned to me/my mother the next day. I had just sold them on Ebay, and so they were then being sent on by mother to this winning bidder.

    Currys then took ten days to send then. When I found out nasty staff member (NSM) had "forgotten", I sent an email telling her not to send them. My mother was on holiday by this point and nobody would be able to take delivery. NSM emailed back to ignore my request and tell me she was sending them on the next day.

    Which she did, but nobody could take delivery.

    For three weeks.

    I had to cancel the sale, losing money, and spent a small fortune calling Royal Mail from the USA. I left messages with NSM and emailed her, explaining that she was going to have to pay for the calls as this was all her fault, and telling her that the package was now on its way to the central delivery depot. Royal Mail explained that at this point, as there was no return address on the external packaging, the depot had to look inside for where the item had come from. Tracking information shows the package as returned to sender - I have proof of this. I was told that the only person who could stop this going back or talk to Royal Mail about it now, and try to arrange something, was the original sender. I emailed NSM twice more and left more messages. No response.

    I then left more messages and more emails were sent over the next four months. No calls were ever answered and all emails ignored. I sold them again and emailed asking for confirmation these would now be sent. Ignored again. Had to cancel the sale again, losing more in lost fees.

    Finally discovered my number had been blocked when calling and speaking to NSM from a new number. She confirmed a compliment slip was included with the headphones when sent to my mother. I told her this meant that Currys had them at whatever address was on that slip. She then told me Currys would not be sending them again, and hung up on me.

    Then found emails showing my emails were returned to me an undeliverable, as she had obviously also blocked my email address.

    What is my legal claim here please?

    Cost of all my further calls from USA was about £150. Headphones cost me £300. Lost Ebay fees £70.

    I have emails showing my father bought these on my behalf and I gave the money to him. This all happened about five years ago.
    Tags: None

  • #2

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    • #3
      5 years ago? Why not return them to your father right away who could then have returned them to Currys? I am sorry to hear he has since passed away. Someone may be along with some good advice for you soon but I think it will be a difficult case to win.

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      • #4
        Originally posted by islandgirl View Post
        5 years ago? Why not return them to your father right away who could then have returned them to Currys? I am sorry to hear he has since passed away. Someone may be along with some good advice for you soon but I think it will be a difficult case to win.
        He sent them to me in the USA which is when I realised.

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        • #5
          I understand but you wrote: "I sent them back to Currys from abroad, with a covering letter and receipt and asked them to contact me to arrange the refund." When Curry's got them they sent them back to you in the USA and the saga just got worse and worse. The simple solution would have been to return them to dad who would have returned them to Currys.

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          • #6
            Why not cut out the middleman?

            Sending them to my father would have added a good month onto the wait for the refund.

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            • #7
              well I think you would have actually got the refund (even if a month late) and would not still be chasing it after 5 years! I personally do not think you have a claim after all this time and even if you did it would not cover USA calls and lost Ebay sale. I hope I am wrong and that you can move forward and get a refund etc but I doubt it personally. Lets hope others will be along soon to advise

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              • #8
                Well I believe I have some sort of claim for the fact that they

                1) Sent the headphones back ten days after specifically arranged, and after I told them not to (as nobody could take delivery)
                2) Refused to do anything to have them correctly returned to themselves when they were the only party that could.
                3) Had them returned and then refused to send them back to me again, in fact ignoring all requests and telling me they would not send them again.

                And I have read somewhere that costs such as call costs, which were incurred because of the above, which I am sure a Judge will find was not right and unlawful, were therefore their responsibility.,

                Is it a claim in negligent misstatement? breach of contract i.e. telling me they would send them on this day, then sending them ten days later?

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                • #9
                  Anyone?

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                  • #10
                    Could really do with some help...

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                    • #11
                      There is no point in me replying further as I am sorry but I do not think you have a claim after 5 years. There may still be someone else who comes along with a different opinion.

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                      • #12
                        Sorry but cannot help

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                        • #13
                          So apparently I have six years to make a claim?

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                          • #14
                            Originally posted by JuneWonder View Post
                            Why not cut out the middleman?

                            Sending them to my father would have added a good month onto the wait for the refund.
                            The only person who had any consumer/contractual relationship with Currys was your father - because he was the person that actually bought them and to whom they had been mis-sold.

                            Unfortunately, by trying to cut out the middleman, you cut out the one person who was in a position to sort this out for you. It may have added an extra month but not five years.

                            After nearly five years I don't think you have much chance of getting this (what appears to be a case of the wrong item being sold) resolved to your satisfaction.

                            (Yes - you have a maximum time limit of six years within which to make a claim. But making a claim within six years does not automatically mean you have a valid claim).

                            Comment

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