Issuing a claim against a local shop
MediaGuy
Posts: 42 Forumite
Hi Everyone,
I am hoping somoene can help me here..
Several months ago my wife dropped her Iphone 6+. We took it to the local PC repair shop who also do phones etc.
Long story short is that the repair failed twice and we ended up paying twice. However long story short it died again today and we had to go and buy a new one at £550.
I would like to launch a claim against the shop but I have no real evidence other than a deposit I put down on the repair the first time round.
I know my chances of winning are so so but it is now a point of principle. However what sort of costs can I expect to shoulder if I don't win ?
Regards
MG
I am hoping somoene can help me here..
Several months ago my wife dropped her Iphone 6+. We took it to the local PC repair shop who also do phones etc.
Long story short is that the repair failed twice and we ended up paying twice. However long story short it died again today and we had to go and buy a new one at £550.
I would like to launch a claim against the shop but I have no real evidence other than a deposit I put down on the repair the first time round.
I know my chances of winning are so so but it is now a point of principle. However what sort of costs can I expect to shoulder if I don't win ?
Regards
MG
0
Comments
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The answer to your question is - it depends.Hi Everyone,
I am hoping somoene can help me here..
Several months ago my wife dropped her Iphone 6+. We took it to the local PC repair shop who also do phones etc.
Long story short is that the repair failed twice and we ended up paying twice. However long story short it died again today and we had to go and buy a new one at £550.
I would like to launch a claim against the shop but I have no real evidence other than a deposit I put down on the repair the first time round.
I know my chances of winning are so so but it is now a point of principle. However what sort of costs can I expect to shoulder if I don't win ?
Regards
MG
It might be a good idea to read MSE's Small Claims Court guide, particularly this part - How much will it cost?0 -
Lots of phone shops offer a guarantee on the repair. Did they?
How did you pay?0 -
Hi Everyone,
Thanks for the links
So basically in January we got a brand new (one week old) Iphone 6 repaired but it has been back and forth several times (They butchered it and even put in Ipad parts).
We even paid for a second screen to be fitted to fix the issue where it was delaminating after they repaired the first repair (That was July or so)
Today the screen gave up completely. I ended up buying a new one.
I paid for the first repair on my debit card and the second repair was (stupidly) cash.
I understand that there is generally a three month limit but they essentially butchered a then £650 device. It was so damaged by the work they did that we have had to buy a new one.
Happy to hear peoples thoughts.0 -
Hi Everyone,
Thanks for the links
So basically in January we got a brand new (one week old) Iphone 6 repaired but it has been back and forth several times (They butchered it and even put in Ipad parts).
We even paid for a second screen to be fitted to fix the issue where it was delaminating after they repaired the first repair (That was July or so)
Today the screen gave up completely. I ended up buying a new one.
I paid for the first repair on my debit card and the second repair was (stupidly) cash.
I understand that there is generally a three month limit but they essentially butchered a then £650 device. It was so damaged by the work they did that we have had to buy a new one.
Happy to hear peoples thoughts.
Theres no 3 month limit on repairs - not in relation to your statutory rights anyway.
When you pay for a service (as opposed to buying goods), there is a statutory requirement that the service is carried out with reasonable care & skill and within a reasonable time.
So you pay them to repair the screen and the replacement screen fails 4 months down the line because they didn't perform the repair correctly or used substandard components, you would have a claim against them.
What you have a claim for in this instance will depend on individual circumstances. You won't be able to claim the £650 for the new phone from them but might have a claim for the value of the old one if they didn't carry out the services with reasonable care & skill and that lack of care/skill caused damage to the handset.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
I would stop buying expensive trinkets for your wife if she has hands like pig's trotters!0
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When you say " they butchered it and even put in iPhone parts" , who told you this?
Were you given a guarantee?0 -
unholyangel wrote: »Theres no 3 month limit on repairs - not in relation to your statutory rights anyway.
When you pay for a service (as opposed to buying goods), there is a statutory requirement that the service is carried out with reasonable care & skill and within a reasonable time.
So you pay them to repair the screen and the replacement screen fails 4 months down the line because they didn't perform the repair correctly or used substandard components, you would have a claim against them.
What you have a claim for in this instance will depend on individual circumstances. You won't be able to claim the £650 for the new phone from them but might have a claim for the value of the old one if they didn't carry out the services with reasonable care & skill and that lack of care/skill caused damage to the handset.
As the phone was already broken from being dropped presumably that would be the value of a broken phone? At a guess the most likely outcome if the OP wins would be a reimbursement of the amount they paid for the failed repairs.0 -
As the phone was already broken from being dropped presumably that would be the value of a broken phone? At a guess the most likely outcome if the OP wins would be a reimbursement of the amount they paid for the failed repairs.
No. In the first instance, damages will seek to put the consumer back into the position they would have been in had the contract been performed correctly.
Had the contract been performed correctly, OP would have a repaired phone. OP might also be able to reclaim 2nd repair cost (if it was a case of the first repair failing or otherwise causing that work to be needing done). First repair costs wouldnt be claimable though as that money would have been paid had they carried out the repair with reasonable care & skill.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
Hi Everyone,
Thanks for the links
So basically in January we got a brand new (one week old) Iphone 6 repaired
My only thought is that I probably wouldn't get a one week old I Phone 6 repaired at my local PC repair shop. If there was something wrong with it, should have gone back from whence it came surely?0 -
Hi Everyone,
Thanks for the helpful opinions. So to answer some questions:
1) Yes, with hindsight we should have gone to the apple shop but we live and learn. I was under the impression it would be extremely expensive. It isn't but hey.
2) I know that there are IPAD parts in there because they basically broke the thumbprint sensor cable on the first repair attempt that they had to redo (this is before the second repair!) and they told me they put an ipad sensor in there! Error 62 could have easily claimed it.
3) I am sending them a letter before action detailing all the issues and putting in a claim for the lower of the two device prices minus the scrap value for the defective phone. I don't think that is unreasonable ? Give it 2 weeks and if no reply MCOL here I come.0
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