Phone Damaged by Repair Company

The One Who Knocks

Long story short,

My phone wasn't charging. I brought it to (Phone Retailer) in perfect condition. They gave me a receipt which had a ticked box that said "No physical damage detected" Then they sent it away for repair. I got a phone call from the repair company to say that the display was cracked, and it was no longer under warranty. They wanted €130 to fix it.

I emailed them, explaining everything. They told me to contact (Phone Retailer) and follow their dispute escalation process. I then emailed (Phone Retailer), explained everything and even attached a pdf of the receipt they gave me in store. I got a reply which said the phone was no longer under warranty because of physical damage, most likely water damage. Even though:

1. I have an email from the repair company to say the physical damage was due to a crack on the display
2. The (Phone Retailer) rep managed to get it to turn on in store briefly for a few seconds. This was because I turned the phone off before it ran out of charge completely, to ensure they could not blame water damage as the cause.
3. I have a receipt which says that no physical damage was detected at the store

I then emailed them again, emphasizing that I have a receipt which said no physical damage was detected at the store, and an email from the repair company to say the screen was cracked. I threatened legal action if this was not resolved. It has now been over 10 working days since I sent that last email, and I have not got a reply.

What do you think I should do next?

I've printed all communications I've had with them, as well as any receipts and I think I'm ready to go to a solicitor next. They've contradicted themselves at every turn, and now they're not responding to my emails, so I think it's my only option. Unless I just walk into the store and show them all my evidence.
What d'ya think?

Thanks,

Sulla Felix

Walk in to the store first, see if that gets you anywhere.

The One Who Knocks

Sulla Felix wrote: »

Walk in to the store first, see if that gets you anywhere.

Yeah, I think you're right.

But if I'm not satisfied should I go to small claims court or a solicitor?
Which one is faster, and are emails admissible in court?

The only physical evidence I have is the receipt to say no damage was detected. Maybe I should get the phone repair company to send me a letter stating what exactly is wrong with the phone?

foggy_lad

Jamez735 wrote: »

Yeah, I think you're right.

But if I'm not satisfied should I go to small claims court or a solicitor?
Which one is faster, and are emails admissible in court?

The only physical evidence I have is the receipt to say no damage was detected. Maybe I should get the phone repair company to send me a letter stating what exactly is wrong with the phone?

Try walking in to the shop and dealing with the manager and if that gets you nowhere you need to write an old fashioned letter to the manager of the shop explaining the details of the whole issue and also what you expect them to do for you(replace handset/refund). give them a reasonable time to respond which should be 7-10 days.

If not resolved by then you should take the case to the small claims court, this costs €25 in total and forms are aqvailable online or from your local district court office. this is not America so you will not need a solicitor. the clerk in your local court office should be able to tell you about what you need for the claim.

http://www.citizensinformation.ie/en/justice/courts_system/small_claims_court.html

The One Who Knocks

Just an update,

I went into the shop last week, and long story short got an email back today to say that it was sent away in a padded envelope therefore they're not responsible. They also said that the repair company said it was damaged when they opened it.

Now, seeing as I have proof it was in perfect condition when I left it in at them, who's to blame? Just because it was supposedly in a padded envelope doesn't guarantee anything, It could have been dropped or something may have fallen on it.

Where do I stand on this?

Thanks,

dudara

Next step is as foggy_lad suggested - write a registered letter to the store manager (with a duplicate copy to head office if applicable). Explain the issue in clear brief sentences. State that you want redress under your consumer rights within XX days (say 10 working days), or you will be going to the Small Claims Court. Include a copy of the receipt from the store.

If that fails - then off to the Small Claims Court. Speak to the clerks at the courthouse, they will tell you what to do.

LowKeyReturn

http://www.courts.ie/courts.ie/Library3.nsf/PageCurrentWebLookUpTopNav/Small%20Claims%20Procedure

foggy_lad

Jamez735 wrote: »

Just an update,

I went into the shop last week, and long story short got an email back today to say that it was sent away in a padded envelope therefore they're not responsible. They also said that the repair company said it was damaged when they opened it.

Now, seeing as I have proof it was in perfect condition when I left it in at them, who's to blame? Just because it was supposedly in a padded envelope doesn't guarantee anything, It could have been dropped or something may have fallen on it.

Where do I stand on this?

Thanks,

Regardless of how they packed it the handset was damaged while in their possession or in transit from them so they are fully liable abd responsible for all repairs or replacing or refunding for the handset.

The One Who Knocks

foggy_lad wrote: »

Regardless of how they packed it the handset was damaged while in their possession or in transit from them so they are fully liable abd responsible for all repairs or replacing or refunding for the handset.

Yep completely agree,

At this stage, what do you think are the chances of getting a refund/new phone off them? With the amount hassle they've put me through (no phone in nearly 2 months) is it likely?

A free repair seems kinda cheap at this point tbh, and when this goes to court it's going to be another month or two

foggy_lad

Jamez735 wrote: »

Yep completely agree,

At this stage, what do you think are the chances of getting a refund/new phone off them? With the amount hassle they've put me through (no phone in nearly 2 months) is it likely?

A free repair seems kinda cheap at this point tbh, and when this goes to court it's going to be another month or two

At this stage write to the manager of the shop detailing everything and tell them what you expect from them. Either repair replacement or refund. Also get the small claims forms either online or feom your local courthouse and fill them in and start that rolling.

If you wanted any other compensation you would have to go to the district court as small claims only deals with actual losses and does not cover expenses and time or stress etc.