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Small Claims Court -- a question about refunds for delivery and installation.

mandryka

mandryka

pfm Member
I bought a dishwasher from Currys which didn't work. I have made a court claim and they have offered to refund the cost of the appliance and my court costs, but they have not offered to refund the cost of delivery and installation.

Can I legitimately claim a refund for these items too?
 
mandryka said:
Actually the Which? site says I can ask for delivery costs to be refunded -- but anyone know about installation?

I want to return something bought online - Which?
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I’d have thought that if you can claim delivery back, you should also be able to claim installation back.

The argument for not being able to claim delivery or installation would be that you did indeed receive those services. So if you can claim for one, despite having received the service, it would follow that you should be able to claim for the other. The argument for being able to claim them back would be that this would put you back in the position you were in before you contracted with the seller for the contract which the seller failed to make good on.
 
mandryka said:
I bought a dishwasher from Currys which didn't work. I have made a court claim and they have offered to refund the cost of the appliance and my court costs, but they have not offered to refund the cost of delivery and installation.

Can I legitimately claim a refund for these items too?
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I would say that all associated costs can be claimed. If they refuse, let the court decide.
 
Reject the offer. 99.9% certain that they will back down.

I took Parcelmonkey there and it was all set to go to a hearing until the day before......grovelling apology, all paid up.
 
canonman said:
Reject the offer. 99.9% certain that they will back down.

I took Parcelmonkey there and it was all set to go to a hearing until the day before......grovelling apology, all paid up.
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When I've used the courts in the past it has always ended up like that because, as plaintiff, I could choose the location of the hearing -- and of course the defendant doesn't want to send a solicitor out when the money claim is so small.

But now, as a result of COVID, hearings are being held remotely -- so who knows what will happen.

Anyway, I've just rejected the offer as unanimously advised by Pink Fish Law.

(Pink Fish Law reminds me of Kenneth Williams and Bona Law -- he used to say something like "I can't help you, I've got a criminal practice which takes up all my time . . . " Found it!

Kenneth Williams Archive on Twitter: "Joyous radio listening! Ken and Hugh Paddick as Julian and Sandy. Bona Law as Mr Horne consults a recommended firm of solicitors: Julian:I’ve got my articles and he’s taken silk. Sandy: Frequently! Delightful innuendo. Click⬇️ https://t.co/hpQdyJyoLR" / Twitter )
 
You can claim for all the wasted expenses caused by the failure to deliver a working item.
And as previously said, they'll settle your claim before the hearing. They'll not want to pay for the cost of a barrister to represent them at a hearing.
BUT there is no such thing in England and Wales as the Small Claims Court. It's sloppy terminology.
 
The only time I used small claims, many years ago it was when I was running a microcomputer business and I claimed for non payment of a bill for a machine supplied. The guy had purchased an off the shelf registered company from a firm in the city so the case was held in London. I was based in Nottingham at the time. I happened to be in London on the day for a business meeting. Went to the court the other guy never showed. I was awarded my full claim plus costs which included the trip to London so I came out up on the deal short of the cost of all the hassle and chasing plus putting up the claim.
 
Pink Fish Law vindicated


Thank you for your email.
I can confirm that we will be meeting your claim for the cost of the appliance in the sum of £239.99, the cost of delivery in the sum of £15 and the cost of installation in the sum of £25, making the total refund sum of £279.99. This is offered in addition to your court fee of £50.
Please can you confirm if you are agreeable to the above.
I look forward to hearing from you.
Yours sincerely,
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This is a public forum so I mustn't vilify Currys, People can draw their own conclusions.
 
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