Curry's dispute and miselling of 'insurance'. Hive mind needed

[Ashmonster]

I'm hoping that the magic that is the mumsnet hive mind can help me, please. Even though it's long (sorry), I've tried to keep it as brief as possible. No deliberate drip feeding, but apologies if that happens.

My dd (19) wanted a new singing all dancing laptop/tablet. Although she's at Uni, she has additional needs and this was bought to help her take notes easier during lectures. My dh and I were with her when she bought it. Her needs mean that she needs support when doing things, especially something like this. She'd saved all summer from her first ever job to buy this.

When she decided she was going to buy it, the salesman asked 'Do you want insurance?'. I said no, but she said 'yes and explained that as she's at uni it might get stolen or broken'. The salesman said 'If it breaks, we will fix it'. He quite clearly knew what she wanted and why she wanted it.

Unfortunately, the tablet got dropped, accidentally. She took it to Currys to be fixed only to find what she'd been sold as 'insurance' was actually a 3 year extended warranty and accidental damage isn't covered. They want £550 to repair the tablet. We can't get it fixed elsewhere as the tech is so new, no one else has the parts.

Currys have admitted to the misselling of insurance, but are refusing the repair the laptop. If you admit to the misselling and are going to make a refund of the fee, then logic says you should repair the laptop right?

Anyway, I have been given the run around by Currys complaints, which has been awful. I've basically been called a liar, told their notes don't reflect what i'm saying. I now am in the position where I want to take it further.

I'm dealing with it, as one of my dd's problems is that she can't talk on the phone.

Does anyone have the email of the CEO, Alex Baldock? I want this to go as high as possible as the way we've been treated is disgusting.
Any other ideas of what I can do?
Thanks for reading this diatribe. If this is the shortened version, you can imagine how hard this has been.

Currys have admitted to the misselling of insurance, but are refusing the repair the laptop. If you admit to the misselling and are going to make a refund of the fee, then logic says you should repair the laptop right

But these are two separate issues. Their criminally overpriced and unnecessary (because it barely covers any more than your legal rights) insurance protects you against faults and is being refunded.

Currys is never going to be responsible or provide cover for accidental damage. You need household insurance for this, which Curry's don't sell. If she's at university, you might be able to cover her belongings on your own household policy (check the wording carefully) otherwise she'll need her own policy. But accidental damage to technology is likely to be quite expensive, because it will be a common claim, including a good percentage from people who 'accidentally' drop things because they fancy a new version.

Unfortunately they are in the right and I can't see you getting anywhere.
Their extended warranty covers faults that develop. Insurance is completely different and should be part of houshold insurance. So if the salesman called the warranty insurance he was wrong, which they have admitted.

Extended warranties are a rip off and you should always read the small print.

Following on from the above, you might already be covered for the damaged laptop on your home insurance (or if DD has her own) because sometimes they cover university students away from home, and some times accidental damage cover is included.

But the policy wording is key here, obviously you won't retrospectively be able to add cover for something that's already been damaged to your policy.

A few website have this as his address

[email protected]

I have no idea how accurate it is. I'm pretty sure curry's, Dixon and carphone warehouse are all the same thing now

I understand what you're saying, but my point is as far as we were concerned we were sold an insurance that covered accidental damage, because that's what she'd asked for. The salesman even said 'If it breaks, we will fix it'. The fact that we were sold an extended warranty constitutes misselling. We would never have bought an extended warranty for something that was already under warranty.
It's the same as the PPI problems a few years back.

They have admitted to it, which as far as I'm concerned they should accept liability that the laptop isn't insured due to their negligence. If we'd known it wasn't insured we would have insured it elsewhere, as we have her other stuff.

As far as house insurance being needed to cover tech, that's not quite true. We'd just bought new phones that day and insured them to cover accidental damage and theft. It costs a small fortune, but is worth it to us.

Unfortunately, I've checked our house insurance and it is precluded as it happened at Uni. If we'd known that it wasn't insured, I could and would have changed this.

but my point is as far as we were concerned we were sold an insurance that covered accidental damage, because that's what she'd asked for. The salesman even said 'If it breaks, we will fix it

But that's like saying that if you walk into McDonalds and ask for a pizza they'll sell you one because that's what you've asked for. Currys don't sell accidental damage cover, it's clear on the website for the 'Care and repair' product that they probably sold you.

FAQs Collection at Currys | Order online or collect in store on FAQs products

'Care & Repair is not an insurance policy and is an extended warranty plan only, so does not cover accidental or cosmetic damage'

On the matter of 'If it breaks, we will fix it' that's true, if it breaks, which is not the same as 'if you break it'.

A lesson from this for you would be to always read the terms of what you are buying and be a bit more aware about this type of product. It's been well known for decades that they're an expensive con.

I'd also consider self insurance instead of paying 'a small fortune' to insure your phones. How much have you paid to insure phones in the last 10 years and how much have you claimed? If you saved the money it costs to insure them, and used this to replace any lost/stolen/broken phones you'd probably be way ahead over time.

But the onus is on the company (legally as well as morally) to say if they are selling you a product that you do not require. As my daughter made it quite clear she wanted insurance, they had to say 'sorry that's not what this is.
To use your analogy, if I went into McDonalds and asked for a pizza they should say 'try next door at the pizza shop' and not 'have a big mac and i'm sure that will suffice'.

And you're right, they are known to be an expensive con (wasn't aware of how big a con though), which is why we advised her not to buy it. DD had a good argument as to why she wanted to get it, and at the end of the day it's her money, so we agreed. This was all talked about in front of the salesman, as I've said he couldn't have been in any doubt as to what she required.

I understand your frustration, OP, but I'm afraid I think Currys are probably in the right here in that they are giving you a refund of the extended warranty cost and think that's the extent of their liability, although it's complicated slightly by whether it can be proved that your decision not to take out your own separate insurance was based on what they told you.

Nope.

Because they will never say.

Oh of course we will sell you a pizza.

The man said ' if it is broke we will fix it.'

If he hadn't said that and had been honest in the first place. Then op could have sorted out the appropriate insurance.

I think companies like this rely on people slinking away.

sell 10 policies due to lies.. One person claims. Return their cash. You've still got the cash of the 9 policies through lies.

Op i would keep going.

They lied to you. Stopped you from buying an appropriate policy.

And just returning the cash is not enough.

they need to compensate you due to the losses you've had due to their lies.

Also how long has it been since you bought the laptop.

if it within a certain time period. Can you not just return for being faulty.

If I had problems returning something due to their incompetence I would have tried just going to a different shop and say its stopped working. Obviously can't do that if it has obvious damage.

I wouldn't bother taking it to the CEO, it won't get you anywhere. If you've already complained to Currys and you're not happy with their response, go to the Financial Ombudsman. You can do it as a representative for your daughter if that's easier, she just needs to give you permission to do that.

I wonder if you might have a claim against them for rescission or damages on the basis of misrepresentation?

A key question I think is whether they made the warranty product T&Cs available to you, or pointed you to them somehow, before you paid. I notice that the curry's website explains the warranty product very clearly including pointing out that it's not an insurance product and doesn't cover accidental damage.

I had something similar.

Bought a tablet. And cos I've got kids got extra insurance.

The roof leaked and it got wet and stopped working. The extra insurance which covered accidental damage refused to pay out. Because of natural forces or something. I was livid. And pissed off. I was left with a very expensive brick. About 3 weeks after I purchased it.

I spoke to the company from who I'd bought it. They said because it was bought within the last month I could just return it for a refund. ( also bought the extra insurance through this same business but they were arseholes).
Which I did.

If they've admitted it was mis-sold I'd expect them to just refund the cost of the policy, not cover an eventuality not covered by the warranty they mis-sold?

Go to the Ombudsman on the basis you'd have taken out separate insurance had you known you were not covered.

Find out what it would have cost for you to insure the laptop against accidental damage.

Ask for:

• A refund of the warranty cost from Currys
• The repair cost from Currys, minus what it would have cost you to take out the accidental damage cover.

As Currys have admitted misselling the insurance, I don't see how that could possibly be seen as unreasonable redress.

I don't agree with everyone else on this thread OP. It depends on whether they have admitted misselling or refunded the insurance as a gesture of goodwill. But if they have clearly admitted you were missold, your loss is that you relied on their salesman's fraudulent or negligent misstatement and therefore failed to out in place accidental damage cover. But you need to get past the customer servoce reps because they won't have a clue.

If it breaks as in a fault, that's what the warranty covers (well, maybe) but not if it breaks because it's been dropped etc

I used to work in the complaints dept that deals with Currys policies. If you have accepted the refund there is nothing you can do ( except go to the papers etc) as you will have accepted it in full and final settlement. Check the wording they sent in response to your claim. If you have refused it then carry on. But the item sounds like it is still in its manufacturers warranty so they should fix it ( at a cost)

You think it's OK for someone to missell 20 policies.
Then refund just the policies when someone tries to claim? And pocket the rest of the cash of the people who didn't need to claim?

Win/ win for the company. Doesn't matter how much people lose out on because its been missold. All you do is refund the useless policy.

So if someone missold health insurance.

Yes this will cover you for water sports during the phone call because you rang them. Remember op spoke to the salesperson who should be aware of the policy tgey are selling and what it covers.

But then when you're injured and need an air ambulance home- oh sorry didn't you read the small print. We will just refund your cash for the policy.( obviously in this case the phone call will likely be recorded- but handily can be lost...)

It's not OK to mis-sell policies. But the purchaser also needs to take some responsibility and actually read what they are buying.

The salesman probably didn't talk about accidental damage insurance, because there's rules about selling insurance and he wouldn't want to be accused of giving advice.

If you're taking part in water sports and want to buy insurance, you will be given very clear advice about reading the policy to make sure it provides the cover you need.

But at the end of the day the paperwork would have made it very clear what you were buying, surely?

It's not insurance, it's a warranty. The rules are very different. Warranties are not covered by the insurance ombudsman cos it's not insurance.

@Finteq
but why do you think the ‘small print’ is there, if it is not for the signatories to the contract to read it? It isn’t even that small anymore , you can scale it up to readable size on a tablet ( probably on your phone🤔). Don’t sign things before you have read and understood them is a good principle, really.