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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I purchased a 42" Samsung TV 9 years ago costing £792 from

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I purchased a 42" Samsung TV 9 years ago costing £792 from Currys and took out insurance to cover whatever happens, new for old. Over the years the premium has gone up to £6.99 per month but unfortunately my tv broke down and Know How collected it but later sent through a voucher code for me to get a new TV as the old one couldn't be fixed. At our local Currys store we were told the voucher was to the value of £269 which would only allow us to purchase their cheapest 42"TV which is an LG. The staff at Currys also advised us not to accept this and to contact customer services. After many frustrating and upsetting telephone calls to Know How they have told us that we either accept it or pay the difference to get the TV of our choice. We are not even entitled to get another 42"Samsung with the same specifications. It just seems that after keeping up my insurance payments I just have to accept what they offer and that I have no rights. I just wanted to know if it would be worth taking my complaint to small claims court and how much this would cost?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.What is it you would like to achieve please?Alex
Customer: replied 1 year ago.
I want to know whether I have a case to take to small claims court. I don't want to spend more money if you think I don't have a good chance of winning.
Expert:  Ash replied 1 year ago.
I think you do.You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.The Court fees are listed here:https://www.gov.uk/government/publications/fees-for-civil-and-family-courts/court-fees-for-the-high-court-county-court-and-family-courtThere will be an issue fee and hearing fee.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Do you mean I have to list the amounts I have paid over the years for insurance compared with what they are giving me in the £269 voucher? They say that it is in my insurance policy that I am only entitled to get a new TV with the same specifications as my old TV. Will this go against me?
Expert:  Ash replied 1 year ago.
Yes when you make a claim add up,all the premiums for the last 6 years as in law that is all you can claim for. As for replacement tv of same spec, they can only do that if the policy terms say they can.If not then no.Can I clarify anything else?Alex
Customer: replied 1 year ago.
I have looked up KnowHows insurance policy and under Definitions - They state that "Current Cost means the cost at which YOU can purchase a replacement item of the same or similar specification at the time of the accepted claim." Does this mean I will have to accept their £269 Voucher?
Expert:  Ash replied 1 year ago.
You need to ask for the terms of the original policy, unless you signed any new terms.If they can't provide this then you are entitled to a replacement as discussed.If the terms of the original policy say same specification then you are stuck.Can I clarify anything else for you?Alex
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Customer: replied 1 year ago.
No I think I have asked all I need to know. Thanks for your help and advice.