Thinking of hiring a lawyer to solve my problem

Asmooh

Hello,

I have a problem regarding the official shop BlackBerry support and my refund of almost 560 GBP.
Since I did not received it, my bank told me that they may not have received it.
Sending over 20 emails and endless calls to both BlackBerry and my bank didn't solve it.


So I am thinking of hiring a lawyer all on blackberry's costs including a claim for all the time I needed to spend getting this solved.


The question is, where do I stand?

First: They refuse to answer mine and my bank's questions regarding where they transferred the money from, to, what iban and bic, and what reference they used.

Second: They close my case without answer every single time

Third: I have all emails printed out and ready to give to both my bank and a lawyer.



What do I want:

- my 559 GBP back + a claim above it because of all the time I spend on it
- they pay for all my costs, above is excluding this
- the persons that handled my case to be personal responsible, e.g. they should be fired from the job.


What route should I do?

Oryx

Talk to a solicitor?

P. Breathnach

I suppose "regind" is a typo for "refund".

I gather that BlackBerry agreed to give you a refund, that you never received it, and they are now refusing to deal with you.

Yes, you can reach a point where the only reasonable thing for you to do is "go legal", and for that a solicitor is needed.

You cannot decide in advance who pays the solicitor, but it is usual that if a firm concedes your claim, they also pay your legal costs. Yours might be a situation where you should check out "no win. no fee" deals offered by some firms.

It is difficult to win a claim for your own time used in pursuing a case, but your solicitor might make a demand for compensation for the unnecessary inconvenience you have suffered. You might need to think in terms of €100-200 tops.

You would be unwise to go after the person handling your case for BlackBerry. That's their problem, not yours.

Cabaal

Asmooh wrote: »

- the persons that handled my case to be personal responsible, e.g. they should be fired from the job.

With all due respect don't be so silly,
You can't hold an employee personally responsible like this when making a claim against the company, any liability if it exists is against the company...not against a specific employee.

You also can't demand that they are fired from their job as part of a case against the company, well you can but its pretty laughable. I'd suggest you take such a ridiculous request out of any claim against the company before somebody laughs at you over it.

Even "If" the employee did not follow company policy's then that is something the company can address in relation to its internal policy's, training etc, you however are not entitled to know the outcome of any such review or their employment status due to data protection.

As for hiring a lawyer, over 560e its going to cost you alot more in lawyer costs that the 560e. I'd suggest your best option would be small claims court if it covers this and you are not claiming as a business and once again I'd suggest removing the silly employee request above.

Asmooh

Cabaal wrote: »

With all due respect don't be so silly,
You can't hold an employee personally responsible like this when making a claim against the company, any liability if it exists is against the company...not against a specific employee.

You also can't demand that they are fired from their job as part of a case against the company, well you can but its pretty laughable. I'd suggest you take such a ridiculous request out of any claim against the company before somebody laughs at you over it.

Even "If" the employee did not follow company policy's then that is something the company can address in relation to its internal policy's, training etc, you however are not entitled to know the outcome of any such review or their employment status due to data protection.

As for hiring a lawyer, over 560e its going to cost you alot more in lawyer costs that the 560e. I'd suggest your best option would be small claims court if it covers this and you are not claiming as a business and once again I'd suggest removing the silly employee request above.

So you would just say "oh well my 800 euros is gone.. well okay no problem" because that is what you basically tell me.

Oryx

Asmooh wrote: »

So you would just say "oh well my 800 euros is gone.. well okay no problem" because that is what you basically tell me.

Thats not at all what you were told. You were warned it could cost you a lot in fees, advised of a cheaper route, and given the very sound advice not to attempt to have anyone fired!

Graham

My tuppence:

• Did you pay by card and if so have you discussed with your bank the possibility of doing a charge back?
• Where did you buy the blackberry? Check the company details on the original invoice, you may be able to make a claim through the small claims court.
• Drop any idea that you can tell the company how to deal with their own staff. You can tell them you're unhappy with the support you've received but you have absolutely no say on how they handle that.
• Try not to take out your frustrations on the person trying to help you. An unpleasant/hostile attitude is likely to see your requests for help delayed/lost/binned.

Asmooh

Graham wrote: »

My tuppence:

• Did you pay by card and if so have you discussed with your bank the possibility of doing a charge back?
• Where did you buy the blackberry? Check the company details on the original invoice, you may be able to make a claim through the small claims court.
• Drop any idea that you can tell the company how to deal with their own staff. You can tell them you're unhappy with the support you've received but you have absolutely no say on how they handle that.
• Try not to take out your frustrations on the person trying to help you. An unpleasant/hostile attitude is likely to see your requests for help delayed/lost/binned.

1. Wire transfer because my irish card wasnt accepted
2. Official blackberry website, www.shopblackberry.com
3. They clearly dont care about feedback or support
4. Why not? I work at customer support myself, if I dont help someone I have problems.

Asmooh

Asmooh wrote: »

1
4. Why not? I work at customer support myself, if I dont help someone I have problems.

So then you'll know how bloody annoying it is when someone starts reading you the riot act over the phone over something that you can only try to help with but ultimately have no say in whatsoever.

Be a dick to the person on the other end of the phone, they won't even want to help you.

Oryx

The site is American. Does your paperwork show a european office?

Graham

Asmooh wrote: »

1. Wire transfer because my irish card wasnt accepted

Ah well, was worth asking the question

Asmooh wrote: »

2. Official blackberry website, www.shopblackberry.com

Check your invoice to see where the company you purchased from is located. i.e. what country.

Asmooh wrote: »

3. They clearly dont care about feedback or support.

What, because they won't sack a member of staff on your say so? Nonsense.

Asmooh wrote: »

4. Why not? I work at customer support myself, if I dont help someone I have problems.

how's that approach working out for you so far?

SteM

You get more flies with honey than with vinegar as they say. Why come looking for advice here and then argue with the people that are trying to give you sound advice?

Asmooh

Graham wrote: »

Ah well, was worth asking the question

Check your invoice to see where the company you purchased from is located. i.e. what country.

Account Holder: Digital River World Payments AB
Bank: JPMorgan Chase Bank, N.A.
Account Number: 3******
Sort Code: 6******
IBAN: GB80CHAS********
BIC: CHASGB2L


What, because they won't sack a member of staff on your say so? Nonsense.

- my personal opinion


how's that approach working out for you so far?

- really good because people really seem to like my support

Stheno

Have you asked to speak to a manager or made a written complaint?

Oryx

Not the transfer info, the invoice. Tho that tranfer is to London, so hopefully you can pursue them by small claims court.

Asmooh

Stheno wrote: »

Have you asked to speak to a manager or made a written complaint?

If i could even get a straight answer on my emails it would be nice.
But no I didn't because for some reason I only get standard answers.

I forwarded a mail from AIB regarding information they asked and blackberry help just skipped that question.

They asked:

- Full iban and bic


blackberry replied:

- account number


I sent about 10 emails (even before my bank asked) about the full iban and bic and they seem to avoid that question

Stheno

Asmooh wrote: »

Check your invoice to see where the company you purchased from is located. i.e. what country.

Account Holder: Digital River World Payments AB
Bank: JPMorgan Chase Bank, N.A.
Account Number: 3******
Sort Code: 6******
IBAN: GB80CHAS********
BIC: CHASGB2L

Asmooh wrote: »

If i could even get a straight answer on my emails it would be nice.
But no I didn't because for some reason I only get standard answers.

I forwarded a mail from AIB regarding information they asked and blackberry help just skipped that question.

They asked:

- Full iban and bic


blackberry replied:

- account number


I sent about 10 emails (even before my bank asked) about the full iban and bic and they seem to avoid that question

Do you have the full iban from the post above or is it redacted?

If it's the US you are dealing with they probably don't understand the iban.

Have you telephoned them?

Dodge

Asmooh wrote: »

But no I didn't because for some reason I only get standard answers.

I think I could make a stab at the reason why some are slow to respond to you... :rolleyes:

Asmooh

Stheno wrote: »

Do you have the full iban from the post above or is it redacted?

If it's the US you are dealing with they probably don't understand the iban.

Have you telephoned them?

I have the full iban but I dont think its allowed to post it here, thats why I did **** instead.

I think they transfer back from canada but I dont know for sure.
Yes I called them many many times, but its not cheap to call to canada every time

Graham

Nobody asked for the bank details, you should find the company details on the invoice:

Blackberry Stores Inc/Limited/LLC
Some Street
Some Town
Some Country

VAT Number / Company Registration Number

Stheno

Asmooh wrote: »

I have the full iban but I dont think its allowed to post it here, thats why I did **** instead.

So what's the problem? Is it your full iban and bic they are looking for? Or are blackberry looking for your full account number? This is a bit confusing, doesn't make much sense to be honest.

Asmooh

Graham wrote: »

Nobody asked for the bank details, you should find the company details on the invoice:

Blackberry Stores Inc/Limited/LLC
Some Street
Some Town
Some Country

VAT Number / Company Registration Number

Those are not in the email because i only got payment instructions but I cancelled the order since they still didnt ship it 5 days after release.

Stheno wrote: »

So what's the problem? Is it your full iban and bic they are looking for? Or are blackberry looking for your full account number? This is a bit confusing, doesn't make much sense to be honest.

my bank is requiring full iban/bic from blackberry, but blackberry doesnt want to provide this information.

Stheno

Asmooh wrote: »

Those are not in the email because i only got payment instructions but I cancelled the order since they still didnt ship it 5 days after release.



my bank is requiring full iban/bic from blackberry, but blackberry doesnt want to provide this information.

If you are dealing with them in Canada, then it's possible that they are not aware of what that is, as iban and bic is a european thing, which is why they are coming back to you saying account number.

laserlad2010

A simple Google search has revealed "shopblackberry" to have a fairly terrible reputation, isn't even run by blackberry and has offices dotted around north america, presumably to make consumers lives difficult.

Caveat emptor, this won't be easy to fix. Next time shop locally, where you have some recourse.

Asmooh

laserlad2010 wrote: »

A simple Google search has revealed "shopblackberry" to have a fairly terrible reputation, isn't even run by blackberry and has offices dotted around north america, presumably to make consumers lives difficult.

Caveat emptor, this won't be easy to fix. Next time shop locally, where you have some recourse.

Yeah but the problem is that I pre-ordered a device which, and blackberry isnt a phone you can just get that easy.

I tried carphonewarehouse in the UK but again, they didnt accept my AIB card and wire-transfer was not possible, and when a Blackberry gets released in Ireland.. its 2 years later or so (if you are lucky)

runawaybishop

Never use a wire transfer to buy something online

Asmooh

runawaybishop wrote: »

Never use a wire transfer to buy something online

I normally dont do that.. but i didnt had a choice, sucked tho.

Cabaal

Asmooh wrote: »

So you would just say "oh well my 800 euros is gone.. well okay no problem" because that is what you basically tell me.

Except its not what I'm saying at all,

If you are a consumer you go check about availability of small claims court, however as there is a US website your options are likely very limited,

If you do decide to go down the solicitor route then one way or another you'll likely be shelling out more money then the order is worth with zero guarantee that you'll get these legal costs back,

You'd really would have been better off including any the other accepted payment methods including paypal other then wire transter option you choose for this,

Del2005

According to their T&C's they are an Irish based company.

These terms of sale ("Terms") apply to all purchases of products (including, without limitation, hardware and/or software) ("Products") or services ("Services") which are sold through this website ("Site") by: (a) Us, the Seller, Digital River Ireland Ltd., Unit 153, Shannon Free Zone West, Shannon, Co. Clare, IRELAND (references to "us", "we" or "our" being construed accordingly) to (b) you, the purchaser (references to "you" or "your" being construed accordingly).

And they are using UK law, since the OP bought in £ I'm assuming it was the UK site they used, so contact the ECC to see if they can offer any advice.

GOVERNING LAW AND JURISDICTION
17.1These Terms shall be governed by English Law and we both agree to the non exclusive jurisdiction of the courts of England over the Terms and any matter related to them, and all proceedings shall be conducted in English.

dubscottie

OP are you sure you bought of a 100% legit site? officialblackberry .com does not make it legit..

Post up the site you got your bought from..

I think you may have got scammed..

Asmooh

dubscottie wrote: »

OP are you sure you bought of a 100% legit site? officialblackberry .com does not make it legit..

Post up the site you got your bought from..

I think you may have got scammed..

http://store.shopblackberry.com/store/bbrryus/home

and as reference is also is mentioned in their blog

http://blogs.blackberry.com/2015/11/priv-secure-smartphone-powered-by-android-coming-to-att-nov-6/

For more information about getting your PRIV from AT&T on launch day, visit att.com/priv! Outside of the U.S.? Check our availability post or visit shopblackberry.com to find out where to get a PRIV in your market.

emails I get are from help@blackberry.com

Oryx

So you paid by wire transfer, cancelled before despatch, they wired your money back, you never got it?

Asmooh

Oryx wrote: »

So you paid by wire transfer, cancelled before despatch, they wired your money back, you never got it?

correctly, i got an email from blackberry yesterday asking to proof i didnt get the money, so i exported the file from AIB, including screenshot showing i never got it.


They told me that they will make it "top priority" but that is just for customer satisfaction, thats the same stuff I learned in all those years as customer service

Cabaal

Asmooh wrote: »

correctly, i got an email from blackberry yesterday asking to proof i didnt get the money, so i exported the file from AIB, including screenshot showing i never got it.


They told me that they will make it "top priority" but that is just for customer satisfaction, thats the same stuff I learned in all those years as customers stomer service

A screen shot isn't enough,
If they are saying they processed the refund then they'll be able to confirm a refund reference number and the name of the bank the refund went to. Ask them for this info.

Them go to your bank and give them the info, if they can't trace the refund get them to give you a letter on headed paper confirming this and make sure it also confirms that same refund ref,

Then go back to blackberry with this info

Asmooh

Cabaal wrote: »

A screen shot isn't enough,
If they are saying they processed the refund then they'll be able to confirm a refund reference number and the name of the bank the refund went to. Ask them for this info.

Them go to your bank and give them the info, if they can't trace the refund get them to give you a letter on headed paper confirming this and make sure it also confirms that same refund ref,

Then go back to blackberry with this info

Thats the problem, i asked so many times but they dont want to give the reference number, or even the bank they transferred from not even what they wrote as reference when transffering

they cannot even give a straight answer about iban/bic, but they asked for this proof thats why I sent it to them

KidMeNotA1

As the transfer was to U.K., you should be able to go to small claims court in U.K. Ck. their site, they may have a U.K. address hidden there. Otherwise contact small claims court in UK ask for advice.

Fred Swanson

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