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    • MediaGuy
    • By MediaGuy 9th Oct 16, 4:12 PM
    • 37Posts
    • 7Thanks
    MediaGuy
    Issuing a claim against a local shop
    • #1
    • 9th Oct 16, 4:12 PM
    Issuing a claim against a local shop 9th Oct 16 at 4:12 PM
    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
Page 1
    • wealdroam
    • By wealdroam 9th Oct 16, 4:25 PM
    • 17,410 Posts
    • 13,979 Thanks
    wealdroam
    • #2
    • 9th Oct 16, 4:25 PM
    • #2
    • 9th Oct 16, 4:25 PM
    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
    Originally posted by MediaGuy
    The answer to your question is - it depends.

    It might be a good idea to read MSE's Small Claims Court guide, particularly this part - How much will it cost?
    • hollydays
    • By hollydays 9th Oct 16, 4:29 PM
    • 14,583 Posts
    • 10,377 Thanks
    hollydays
    • #3
    • 9th Oct 16, 4:29 PM
    • #3
    • 9th Oct 16, 4:29 PM
    Lots of phone shops offer a guarantee on the repair. Did they?
    How did you pay?
    Last edited by hollydays; 09-10-2016 at 5:00 PM.
    • MediaGuy
    • By MediaGuy 9th Oct 16, 5:06 PM
    • 37 Posts
    • 7 Thanks
    MediaGuy
    • #4
    • 9th Oct 16, 5:06 PM
    • #4
    • 9th Oct 16, 5:06 PM
    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.
    • unholyangel
    • By unholyangel 9th Oct 16, 5:53 PM
    • 10,193 Posts
    • 7,352 Thanks
    unholyangel
    • #5
    • 9th Oct 16, 5:53 PM
    • #5
    • 9th Oct 16, 5:53 PM
    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.
    Originally posted by MediaGuy
    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.
    Money doesn't solve poverty.....it creates it.
    • Blackbeard of Perranporth
    • By Blackbeard of Perranporth 9th Oct 16, 5:57 PM
    • 3,910 Posts
    • 23,066 Thanks
    Blackbeard of Perranporth
    • #6
    • 9th Oct 16, 5:57 PM
    • #6
    • 9th Oct 16, 5:57 PM
    I would stop buying expensive trinkets for your wife if she has hands like pig's trotters!
    No one dreams of escape
    From the aroma of a cheap jar of coffee
    • hollydays
    • By hollydays 9th Oct 16, 6:02 PM
    • 14,583 Posts
    • 10,377 Thanks
    hollydays
    • #7
    • 9th Oct 16, 6:02 PM
    • #7
    • 9th Oct 16, 6:02 PM
    When you say " they butchered it and even put in iPhone parts" , who told you this?
    Were you given a guarantee?
    Last edited by hollydays; 09-10-2016 at 7:43 PM.
    • Nearlyold
    • By Nearlyold 9th Oct 16, 7:36 PM
    • 728 Posts
    • 571 Thanks
    Nearlyold
    • #8
    • 9th Oct 16, 7:36 PM
    • #8
    • 9th Oct 16, 7:36 PM
    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.
    Originally posted by unholyangel
    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.
    • unholyangel
    • By unholyangel 9th Oct 16, 8:08 PM
    • 10,193 Posts
    • 7,352 Thanks
    unholyangel
    • #9
    • 9th Oct 16, 8:08 PM
    • #9
    • 9th Oct 16, 8:08 PM
    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.
    Originally posted by Nearlyold
    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.
    Last edited by unholyangel; 09-10-2016 at 8:10 PM.
    Money doesn't solve poverty.....it creates it.
    • Sleazy
    • By Sleazy 9th Oct 16, 8:18 PM
    • 2,692 Posts
    • 2,489 Thanks
    Sleazy
    Hi Everyone,

    Thanks for the links

    So basically in January we got a brand new (one week old) Iphone 6 repaired
    Originally posted by MediaGuy
    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?
    *** IF IN DOUBT, BLAME BREXIT ***
    • MediaGuy
    • By MediaGuy 9th Oct 16, 10:04 PM
    • 37 Posts
    • 7 Thanks
    MediaGuy
    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.
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