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Small Claims (mobile operator)

  • 28-02-2008 11:49am
    #1
    maglite
    Registered Users, Registered Users 2 Posts: 1,783 ✭✭✭


    A certain mobile phone operator has returned my phone after a requested repair for a problem it had been having



    Now they returned a fault of liquid ingress, and as such the WARRENT is void.

    THey will not entertain a claim under my statutory rights and have forced me to to proceed to the small claims

    Now my main question is if my phone cost €200 can i claim for €500
    it is my belief that they will either ignore my claim and pay or offer a settlement once i am on the legal route.

    It appears they are using customers persistence to lower the legal repairs refunds replacements they have to do.

    I think that not too many customers would send 3 letters, 1 registered, 8 visits to the shop have the phone sent away twice, and then proceed to the small claims court.

    The operator has tried to dis wade me from my action by spouting $&*^* about pressidence and how confident they are in their result.

    If i claim for an amount greater than the phones worth what would be the likely reaction.


Comments

  • #2
    Beano
    Closed Accounts Posts: 3,357 ✭✭✭Beano


    Why would a court award you more than you have lost?


  • #3
    Tabnabs
    Moderators, Recreation & Hobbies Moderators, Sports Moderators Posts: 15,788 Mod ✭✭✭✭Tabnabs


    I had a problem with a certain Mobile operator & what charges they levied on me when their small print said different, cost ran up to around IR£300+. I took it up with consumer affairs, it cost me nothing and got back all my money. May be worth trying a different avenue.


  • #4
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Sorry, no legal advice is available here. Refer to the forum charter.


  • #5
    maglite
    Registered Users, Registered Users 2 Posts: 1,783 ✭✭✭maglite


    The above question is a asking for advice on what teh claimed ammout relates to ,

    does it have to be my actual loss or can i ask for greater than the exceed ammount,

    It is not an attempt to money grab as it would be my intention to take the cost of a replacement phone from the awarded sum and donate the rest.

    SO to simplfy the question
    Will the small claims court award a greater ammount then was lost due to the defect

    Again with Thanks


This discussion has been closed.
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