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Ed Turner
Ed Turner,
Category: Law
Satisfied Customers: 1923
Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
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I want someone to decide on a complaint I have made to

Customer Question

I want someone to decide on a complaint I have made to Currys. They have recommended CDRL but I feel uneasy to use someone they have recommended. If I am on an ADR site how do I proceed. I cannot see where I go to or what I click on to?
JA: Where are you? It matters because laws vary by location.
Customer: England (Somerset)
JA: What steps have you taken so far?
Customer: I have exhausted all avenues with Currys and they have issued a final letter stating their final position and recommending CDR Ltd.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have an exchange of emails which is reasonable comprehensive. Separately, I have calculated that fair compensation using a minimum life of 10 yrs would be £206.05 but have only sought £125. They did however refer to to a 'reasonable time frame' and no compensation for inconvenience ignoring the start of events being pre 19th July 2021 - they are using 16th August 2021 and use a blind eye.
Submitted: 20 days ago.
Category: Law
Expert:  Virtual-mod replied 20 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Expert:  Ed Turner replied 19 days ago.

Hello.   I am Ed, a Solicitor qualified in England & Wales with over a decade’s experience in the legal profession advising clients.

I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and shall be reviewing your legal problem today.

Regarding the site’s automatic offer of a Premium Service Phone Call, I shall be delighted to talk with you by phone to discuss your issue in greater detail if you accept the offer.

However, if you do not want a phone call, please cancel the offer for a Premium Service Phone Call and you will not be charged extra.

Expert:  Ed Turner replied 19 days ago.

The CDRL complaint and investigation process is separate from the Court litigation process and the CDRL has, at best, ***** ***** to impose a contractually binding outcome on the parties which in turn will have to be sued upon in court if one party default on it.

You have a claim in breach of contract and breach of the sale and supply of goods and services legislation against Curry's.   The Defendant was under a duty in contract law and statute to provide you with a product and service that was fit for purpose, of reasonably satisfactory quality and matched the description at the point of sale.   Your damages will be a refund on the purchase price, plus additional costs of rectifying their defective work through another supplier.

You should send a letter of claim to them.  There are plenty of free templates online and the consumer protection advice magazine/website “Which?” has a useful template which you can adapt to your claim: https://www.which.co.uk/consumer-rights/letter/letter-before-small-claims-court-claim.

If they do not reply with their reasons for disputing the claim within 21 days, you should issue court proceedings via the Government’s Small Claims Track Online System: https://www.gov.uk/make-money-claim.  The issue fee depends on the total damages being claimed.   If you issue online, the court issue fee ranges from between £35.00 for a claim worth up to £300.00 damages, up to £455.00 for a claim worth between £5,000.00 and £10,000.00 damages.   The Small Claims Court Online Portal will advise you on the fee when you come to issue your claim, but you may check the Government’s Court Fee advice booklet EX50 at PDF page 5/21 accessible at the following link: https://www.gov.uk/government/publications/fees-in-the-civil-and-family-courts-main-fees-ex50.

A party cannot normally recover solicitors’ costs on the Small Claims Track.   However, it is designed for non-lawyers (known as “Litigants In Person”).  The trials are relatively informal, and the judges do not expect parties to have the same legal knowledge as experienced solicitors and barristers.

Expert:  Ed Turner replied 19 days ago.

I hope this resolves your enquiry.   Please revert to me if you require any clarification of my answer to your question and I shall be delighted to assist.

Kind regards

LawyerEd