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Currys Small Claims Court - Address?

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  • 06-12-2018 8:41am
    #1
    Closed Accounts Posts: 249 ✭✭


    Hi

    I was wondering if anyone has made a Small Claims Court complaint against Curry's and if so what company details did you use on the Small Claims form.

    Website displays;

    DSG Retail Ireland Ltd, 39/40 Mount Street Upper, Dublin 2, Ireland Incorporated in Ireland, a private company with issued shares. Registration Number 259460

    However when I check this Registration Number the following is returned

    Dsg Retail Ireland Limited
    3rd Floor Office Suite,
    Omni Park Shopping Centre,
    Santry,
    Dublin 9

    If you can help that would be great.

    Background;

    We Purchased a Washing Machine in Carrickmines 13 Months ago. Machine emitted a burning smell and black smoke after 3 weeks use. After a lot of hassle this machine was replaced. However 2nd machine now does not complete wash cycle on any program and Currys 'helpline' say they have no responsibility as it is 3 weeks out of warranty.

    We e-mailed re the 'Sale of Goods and Supply of Services Act' and durability and reasonable lifespan and our emails have been ignored.

    Rang Currys to ask for the Company details and the agent on the phone was very unhelpful, said as we were threatening legal action he could not help us any further!!!

    Tks in advance.


«1

Comments

  • Registered Users Posts: 130 ✭✭laotg


    What are you looking to take them to small claims for? Is the warranty/guarantee expired?


  • Registered Users Posts: 69,013 ✭✭✭✭L1011


    laotg wrote: »
    What are you looking to take them to small claims for? Is the warranty/guarantee expired?

    Warranty/guarantee do not overrule consumer rights.

    It is reasonable to expect a washing machine to last significantly longer than 13 months.

    The CRO registered address would be the one to use; but I'd start with a registered letter to the same address outlining the issue and stating your next steps if they don't resolve.


  • Closed Accounts Posts: 689 ✭✭✭nim1bdeh38l2cw


    laotg wrote: »
    Is the warranty/guarantee expired?

    That's irrelevant, welcome to Europe


  • Registered Users Posts: 28,215 ✭✭✭✭drunkmonkey


    Have you contacted the manufacturer they should be able to get someone out to you or walk you through fixing it.

    There's no small claim to be made here it developed a fault out of warranty.


  • Registered Users Posts: 7,800 ✭✭✭Fann Linn


    Have you contacted the manufacturer they should be able to get someone out to you or walk you through fixing it.

    There's no small claim to be made here it developed a fault out of warranty.


    Oh yes there issss.


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  • Registered Users Posts: 28,215 ✭✭✭✭drunkmonkey


    Fann Linn wrote: »
    Oh yes there issss.

    Oh no there's not. Don't waste op's time flapping around with a scc. It's not an inherent fault in the product if it showed up after such a late stage and out of warranty. It also could be their own fault it's not working.

    You do not have unlimited rights to get something fixed for 6yrs after purchase.


  • Registered Users Posts: 4,627 ✭✭✭tedpan


    E30i wrote:
    Dsg Retail Ireland Limited 3rd Floor Office Suite, Omni Park Shopping Centre, Santry, Dublin 9


    It used to be Carrickmines, but now the head office seems to be the santry address above


  • Registered Users Posts: 69,013 ✭✭✭✭L1011


    Inherent faults can show up a lot later than that.

    Realistically, no response from seller and item 13 months old - almost certainly going to get the full cost at SCC.


  • Closed Accounts Posts: 249 ✭✭E30i


    Oh no there's not. Don't waste op's time flapping around with a scc. It's not an inherent fault in the product if it showed up after such a late stage and out of warranty. It also could be their own fault it's not working.

    You do not have unlimited rights to get something fixed for 6yrs after purchase.

    Good morning, We have been using this washing machine since installed without issue or difficulty so whilst it may be our 'fault' I don't know why and neither Currys or Beko have suggested this or offered to check. I never mentioned a 6 year period, however 13 months is not a reasonable time for a Washing Machine to have as a service life in my view.We rang the Manufacturer's helpline and they advised that the Warranty period was 1 year and we were outside that.

    What would you do with a Washine that stopped functioning after 13 Months if the Manufacturer and Retailer refused to check/repair? Replace it by purchasing another and move on or try to get the retailer and/or Manufacturer to stand over their product?


  • Registered Users Posts: 69,013 ✭✭✭✭L1011


    6 years is the maximum amount of time to take a claim under legislation here, that's why it was mentioned by that poster. They are, however, wholly wrong in their other assertions.


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  • Registered Users Posts: 28,215 ✭✭✭✭drunkmonkey


    Flap about for a few months with the scc on an unknown, they may or may not contest it versus contacting the manufacturer and getting one of their engineers out tomorrow and get the washing machine working. It may cost €70 for the engineer visit but it'll cost more to go the scc route.
    If the engineer comes out and it turns out it's 100% the manufacturer fault welll then I'd go the scc route but not before if he needs a washing machine working this side of Xmas.


  • Registered Users Posts: 2,031 ✭✭✭colm_c


    I've had similar issues with things just outside warranty, I just got them fixed by a repair company, a lot less hassle to be honest.

    The machines are built to a price point, they are not going to be durable.

    It's one of the joys of owning a property, you need to fix everything yourself.

    Now I tend to buy things with multi year warranties.

    Best of luck OP if you do bring them to the scc.


  • Closed Accounts Posts: 292 ✭✭Graniteville


    E30i wrote: »
    However 2nd machine now does not complete wash cycle on any program and Currys 'helpline' say they have no responsibility as it is 3 weeks out of warranty.

    We e-mailed re the 'Sale of Goods and Supply of Services Act' and durability and reasonable lifespan and our emails have been ignored.

    Rang Currys to ask for the Company details and the agent on the phone was very unhelpful, said as we were threatening legal action he could not help us any further!!!

    Tks in advance.

    and that's why I would never ever, under any circumstances, purchase a product from Currys.

    They don't understand even the basics of customer service on top of being way overpriced and adverts that skirt the laws on price comparison.

    A shower to be avoided at all costs


  • Closed Accounts Posts: 249 ✭✭E30i


    Flap about for a few months with the scc on an unknown, they may or may not contest it versus contacting the manufacturer and getting one of their engineers out tomorrow and get the washing machine working. It may cost €70 for the engineer visit but it'll cost more to go the scc route.
    If the engineer comes out and it turns out it's 100% the manufacturer fault welll then I'd go the scc route but not before if he needs a washing machine working this side of Xmas.

    I understand it costs €25 for an SCC application, this is not more that the figure you quote.

    As it happens our old washing machine is sitting in the garage and I can swap it back so please don't assume you have all the answers. We only purchased this new machine as it had a bigger drum and we have a growing family.

    We can wait out this process to seek fair play, I have thought this through.


  • Closed Accounts Posts: 2,281 ✭✭✭CrankyHaus


    E30i wrote: »
    Hi

    I was wondering if anyone has made a Small Claims Court complaint against Curry's and if so what company details did you use on the Small Claims form.

    Website displays;

    DSG Retail Ireland Ltd, 39/40 Mount Street Upper, Dublin 2, Ireland Incorporated in Ireland, a private company with issued shares. Registration Number 259460

    However when I check this Registration Number the following is returned

    Dsg Retail Ireland Limited
    3rd Floor Office Suite,
    Omni Park Shopping Centre,
    Santry,
    Dublin 9

    If you can help that would be great.

    Background;

    We Purchased a Washing Machine in Carrickmines 13 Months ago. Machine emitted a burning smell and black smoke after 3 weeks use. After a lot of hassle this machine was replaced. However 2nd machine now does not complete wash cycle on any program and Currys 'helpline' say they have no responsibility as it is 3 weeks out of warranty.

    We e-mailed re the 'Sale of Goods and Supply of Services Act' and durability and reasonable lifespan and our emails have been ignored.

    Rang Currys to ask for the Company details and the agent on the phone was very unhelpful, said as we were threatening legal action he could not help us any further!!!

    Tks in advance.


    The SCC process is intended to be layperson-friendly. Provided you identify the respondent to a reasonably accurate level you should be okay.


    I'd use the registered address followed by "t/a Currys Carrickmines [address]".



    If Currys raise any issue about proper notice just point out that it refused to identify the proper address when you asked. which if anything will reflect poorly upon it.


    As mentioned above definitely first send the letter setting out your complaint, the grounds on which you seek redress and the further action that you'll take in 21 days if you do not receive redress.


    Best of luck.


  • Closed Accounts Posts: 249 ✭✭E30i


    The SCC process is intended to be layperson-friendly. Provided you identify the respondent to a reasonably accurate level you should be okay.


    I'd use the registered address followed by "t/a Currys Carrickmines [address]".



    If Currys raise any issue about proper notice just point out that it refused to identify the proper address when you asked. which if anything will reflect poorly upon it.


    As mentioned above definitely first send the letter setting out your complaint, the grounds on which you seek redress and the further action that you'll take in 21 days if you do not receive redress.


    Best of luck.[/QUOTE]

    Thank you, that is exactly the type of information I was looking for. I'll proceed on this basis and update thread when I have further information as this may help other people with similar issues.


  • Registered Users Posts: 28,215 ✭✭✭✭drunkmonkey


    E30i wrote: »
    I understand it costs €25 for an SCC application, this is not more that the figure you quote.

    What's a day off work cost or two if they don't turn up the first time. It's not a simple process.
    You might get lucky and they fold straight away and give you a refund or a new one. I'd argue you they need the engineer out to diagnose the problem and can't make a refund on assumption the fault is caused by manufacturing and not you.


  • Closed Accounts Posts: 249 ✭✭E30i


    What's a day off work cost or two if they don't turn up the first time. It's not a simple process.
    You might get lucky and they fold straight away and give you a refund or a new one. I'd argue you they need the engineer out to diagnose the problem and can't make a refund on assumption the fault is caused by manufacturing and not you.

    I'm not interested in 'getting lucky' I only want Curry's and/or Beko to fulfil their obligations under consumer law.

    We didn't contact Currys and Beko seeking a refund, we only want the washing machine operational, Neither offered an engineer to diagnose the issue or suggested the user might be at fault.


  • Registered Users Posts: 28,215 ✭✭✭✭drunkmonkey


    Will Beko not send out someone, Have they no helpline or was it just tuff luck goodbye.


  • Closed Accounts Posts: 249 ✭✭E30i


    Will Beko not send out someone, Have they no helpline or was it just tuff luck goodbye.

    Rang helpline and they insisted they had no responsibility/obligation as the wachine was out of its 1 year warranty.


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  • Registered Users Posts: 28,215 ✭✭✭✭drunkmonkey


    E30i wrote: »
    Rang helpline and they insisted they had no responsibility/obligation as the wachine was out of its 1 year warranty.

    Ah well in that case i'd be 100% going the scc route.

    Send Currys/Beko an email be polite and don't make any unreasonable demands it'll help your case when the court clerk starts mediation. Will cut down the length of time it takes. Submit it with your application if you can.


  • Registered Users Posts: 69,013 ✭✭✭✭L1011


    Beko are not legally involved here, contract is with Currys alone


  • Registered Users Posts: 28,215 ✭✭✭✭drunkmonkey


    Fault was after 6mts, Currys can request proof that it is their fault and not his.

    Poor service by Beko they probably know what's wrong and should have some kind of tech support for him to try a few things.

    The problem here could be with the detergent drawer i'd remove it and give it a good clean, have a good look online might not be too hard to fix yourself.


  • Registered Users Posts: 8,743 ✭✭✭micks_address


    i thought appliances had a minimum 2 year warranty under eu law? If its outside 2 years then they aren't liable.. doubt there's any point taking a case.. depends on whether they are counting the date of the replacement machine plus 2 years or the 1st machine plus 2 years?

    Should be the replacement plus 2 years.. welcome to the world of buying from a large retailer.. a smaller independent would likely sort you out no hassle... few and far between these days though


  • Registered Users Posts: 69,013 ✭✭✭✭L1011


    That law does not apply here - our existing laws were considered superior. And the replacement doesnt reset the clock


  • Closed Accounts Posts: 249 ✭✭E30i


    i thought appliances had a minimum 2 year warranty under eu law? If its outside 2 years then they aren't liable.. doubt there's any point taking a case.. depends on whether they are counting the date of the replacement machine plus 2 years or the 1st machine plus 2 years?

    Should be the replacement plus 2 years.. welcome to the world of buying from a large retailer.. a smaller independent would likely sort you out no hassle... few and far between these days though

    17/11/2017 and first one lasted less than three weeks. as per the first post.


  • Registered Users Posts: 18,993 ✭✭✭✭Del2005


    What's a day off work cost or two if they don't turn up the first time. It's not a simple process.
    You might get lucky and they fold straight away and give you a refund or a new one. I'd argue you they need the engineer out to diagnose the problem and can't make a refund on assumption the fault is caused by manufacturing and not you.

    Do you have to attend the SCC? I thought it was a decision made by a "judge"* after reading both sides.


    * no idea if its a judge, magistrate or lay person who makes the decision.

    The retailer needs to deal with the problem up to 6 years in this country. By saying its out of warranty they are completely ignoring our law and need to be dealt with according to our law.


  • Registered Users Posts: 69,013 ✭✭✭✭L1011


    If it goes to a hearing you have to attend or it'll be struck out. Talk to the court staff in advance.

    Generally if you attend and the retailer doesn't you get whatever you asked for in default.


  • Closed Accounts Posts: 249 ✭✭E30i


    Update

    - Following the advide outlined here I sent a registered letter to the Santry address. This was delivered Friday.

    Received a call from a UK number yesterday asking me for details of our issue, I outlined the problem, received a case reference number and a phone number.

    They have asked us to arrange a local registered repair man to look at the machine, do a report and fix the issue. If the report states a manufacturing fault they will reimburse the cost of the report and the repair.

    Asked for an e-mail outlining this but haven't received to date.

    Progress and I will update again when machine repaired.


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  • Registered Users Posts: 4,487 ✭✭✭Mountjoy Mugger


    I would query why you should have to do this. The onus is on the retailer.

    Nonetheless, it's progress of sorts.


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