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Small claims and engineer reports

  • 12-04-2021 9:27pm
    #1
    Registered Users Posts: 2,073 ✭✭✭


    I would be grateful for some opinions on this issue, as i have never been down the Small claims route myself so i'm unsure of what to advise my friend.

    Her 18 month old laptop suddenly stopped working last April,(black screen),so she contacted the seller, a large well known electrical retailer. Over a number of emails they requested multiple details, which were supplied, and then the company never responded again.

    Eventually she lodged a claim with the SCC that was accepted. The retailer's legal reps eventually responded to the claim, first to say they had no record of a sale to my friend, this turned out to be due to the fact they(the respondent) changed spellings and the names of the claimant, they then responded to say they were offering to inspect the laptop for evidence of a defect. They state this will be done by an engineer employed by the retailer, but it would be objective and their first duty would be to the court.

    My friend says she accepts the laptop needs to be inspected, although she is annoyed that it has taken 12 months for this to happen, but she was wondering if she can request the retailer uses an independent engineer? Tbh i can understand her reluctance, as having read her correspondence with the retailer they do seem to have tried to continually frustrate the process from the very beginning!

    I would appreciate any suggestions or advice TIA


Comments

  • Registered Users Posts: 4,703 ✭✭✭Xterminator


    your friend can provide an independent report to the court herself, in addition. That's only if she feel the need to do so.


  • Registered Users Posts: 2,073 ✭✭✭chasm


    your friend can provide an independent report to the court herself, in addition. That's only if she feel the need to do so.

    Thanks, I'll let her know.


  • Registered Users Posts: 1,731 ✭✭✭ShatterProof


    I had a issue with Currys and a cheap €199 television that stopped working after 18 months. ( the issue was with lamp so display was not visible unless the room was pitch black).
    They wanted to diagnose the fault at a cost of €110. In all correspondence I kept repeating the TV had to be reasonably durable and that 18 months is not the expected lifespan of a TV and that I wouldn't be paying anything for it to be diagnosed. Between jigs and reels, them quoting UK laws and generally being a combination of useless and obtuse I opened SCC case. SCC did not look for the diagnostic report and i was refunded the full cost of the TV. I don't even think they responded to SCC.

    Now my case might be different to yours as because of
    1) the difference in value (mine was probably not worth arguing over)
    2) the fact the they seem to have engaged with SCC and
    3) It might not be Currys (DSG / PC World) you are dealing with ,
    but I would be pushing the fact that the goods must be reasonably durable. Laptops should last more than 18 months and you don't need and engineers report to tell you that.


  • Registered Users Posts: 2,073 ✭✭✭chasm


    I had a issue with Currys and a cheap €199 television that stopped working after 18 months. ( the issue was with lamp so display was not visible unless the room was pitch black).
    They wanted to diagnose the fault at a cost of €110. In all correspondence I kept repeating the TV had to be reasonably durable and that 18 months is not the expected lifespan of a TV and that I wouldn't be paying anything for it to be diagnosed. Between jigs and reels, them quoting UK laws and generally being a combination of useless and obtuse I opened SCC case. SCC did not look for the diagnostic report and i was refunded the full cost of the TV. I don't even think they responded to SCC.

    Now my case might be different to yours as because of
    1) the difference in value (mine was probably not worth arguing over)
    2) the fact the they seem to have engaged with SCC and
    3) It might not be Currys (DSG / PC World) you are dealing with ,
    but I would be pushing the fact that the goods must be reasonably durable. Laptops should last more than 18 months and you don't need and engineers report to tell you that.

    Thanks for that. Just read out your reply to her and it's given her food for thought.

    It is currys. It is now 12 months since she first contacted them about this, so that is a year that they had to arrange for her laptop to be sent away, but instead they messed her around for a few months, then just ignored her hoping she would go away, and now after leaving her with a broken laptop for a year they want to send it away!
    If it were me, I think I would refuse as they have had ample time to deal with this, and as you pointed out laptops should last more than 18 months.
    I read the emails between both sides and the SCC. Currys seem to have been given a long time to respond by the SCC, I thought there was a set time for responses etc but I must have got that wrong!


  • Registered Users Posts: 1,731 ✭✭✭ShatterProof


    Did the SCC ask for the report or was it Curry’s. If it was SCC you may be stumped. It if was Curry’s I’d ignore it and ring SCC for an update. They’re good to respond to emails also. At the moment they are working through a backlog but they are always more than helpful. It could be just a case that they need you to sign a “Swearing of Affidavit” as they are working remotely and there are no hearings at present. SCC will know that a laptop is expected to last longer than 18 months. It may be out of date and speeds might be deteriorating but it should still turn on.


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  • Registered Users Posts: 2,073 ✭✭✭chasm


    Did the SCC ask for the report or was it Curry’s. If it was SCC you may be stumped. It if was Curry’s I’d ignore it and ring SCC for an update. They’re good to respond to emails also. At the moment they are working through a backlog but they are always more than helpful. It could be just a case that they need you to sign a “Swearing of Affidavit” as they are working remotely and there are no hearings at present. SCC will know that a laptop is expected to last longer than 18 months. It may be out of date and speeds might be deteriorating but it should still turn on.

    The SCC forwarded on an email from currys where they were offering to inspect it for a manufacturing defect. It said upon finding a fault, they would then offer an appropriate settlement amount for my friend's "consideration".


  • Registered Users Posts: 1,516 ✭✭✭Gooser14


    I had a Microwave Oven purchased from Currys fail after 20 months. I emailed Currys using the CCPC "Template Letter of Complaint - Goods" giving them 10 working days to respond. They responded on the 10th day with an offer of about 40% of the item purchase price of Eur 120. I rejected the offer & sought compensation of 50%. They agreed to this & the money was credited to my bank within 7 days. I was very pleased with the way they handled my complaint & the final outcome. Did your friend use the CCPC letter template when making her initial complaint?


  • Registered Users Posts: 2,073 ✭✭✭chasm


    Gooser14 wrote: »
    I had a Microwave Oven purchased from Currys fail after 20 months. I emailed Currys using the CCPC "Template Letter of Complaint - Goods" giving them 10 working days to respond. They responded on the 10th day with an offer of about 40% of the item purchase price of Eur 120. I rejected the offer & sought compensation of 50%. They agreed to this & the money was credited to my bank within 7 days. I was very pleased with the way they handled my complaint & the final outcome. Did your friend use the CCPC letter template when making her initial complaint?

    No, she didn't use the actual CCPC template, she gave the required info and sent on any that they requested afterwards, once she had sent all the requested info currys stopped responding. Judging by reviews on trustpilot she isn't alone in her experience with currys and the CS department.


  • Registered Users Posts: 2,046 ✭✭✭silver2020


    chasm wrote: »

    It is currys.

    Of course its currys - there was never a doubt about that :)

    They simply have the most appalling after sales service you can possibly imagine. They are in the same league as EIR - both vie for top spot.

    The funny thing is that it is probably a relatively easy fix.


  • Registered Users Posts: 2,073 ✭✭✭chasm


    Thought I would post an update on this.
    My friend responded to the company's legal reps request saying that she would be willing to send the laptop for inspection, but asked for it to be escalated due to the fact she had already been waiting a year. She gave them a date convenient to her for collection. The legal reps came back and said they had decided not to do an inspection and offered my friend the full cost of the laptop as settlement, which my friend accepted.
    My friend is very happy with the outcome and apparently she received the money in her account a few days after she provided her Iban, much to her(and my)shock!!. Definitely worth the SCC fee.


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