Complaint letter

Thomask

Hi

I've just written a letter of complaint and would be grateful for another set of eyes to look over it. Let me know if it reads ok:


MY ADDRESS

07.07.08


Customer Services Manager
COMPANY ADDRESS

Re: Invoice XXXXXXX

To Whom it May Concern

On 23 November 2007, a Nokia N95 8 gig mobile phone was purchased from your company.

I am disappointed because the phone has not performed as it should.

On recieving the handset I experienced numerious 'out of box' issues.

These included:

1. The back of handset being loose
2. The slider mechanism jamming
3. The buttons being 'sticky' and staying pushed in
4. Crackly speaker
5. The charger plug falling out of the handset
6. The phone switching itself off
7. Errors stating the 'app is using too much memory' when trying to send a single text message. No applications were in use at the time.
8. The phone not saving all numbers in 'call log' (even when the number appears when call is incoming / being dialled / missed).
9. Phone book contact issues. When a contact is saved in the phonebook the name of the contact is not linked to the phone number that would otherwise appear as just a number in call log.

Therefore this product is not of satisfactory quality nor fit for the purpose as laid down by the law. The law says goods must be free of any faults, including minor ones. Goods must also be fit for the purpose meaning you must be able to use them for the purposes that you would normally expect from a mobile. Where goods bought after 31 March 2003 prove defective within six months of purchase, there’s a presumption that they were defective when they were bought, in which case your company is in breach of contract (Section 14 Sale of Goods Act 1979).

I initially complained about these issues in the first week of owning the handset. I heard nothing back from your company. I then attempted to follow this up over the phone only to speak with 2 staff members who failed to return my call on both occasions. I then contacted your Operations Manager, Peter, in March. Peter apologised promising he’d look into the issue and contact me back straight away as he was aware the phone would have been entitled to an ‘out of box’ replacement. I didn’t hear back from Peter despite leaving numerous messages.

As a repair would cause significant inconvience I am entitled to a replacement handset whilst reserving my right to claim against you. Enclosed is a copy of the invoice.

I look forward to hearing from you and to a resolution of this problem. I will wait for 7 days before seeking legal assistance from my solicitor. Pease contact me at the above address.

Yours sincerely


Thomas SIRNAME

geordie_joe

Thomask wrote: »

Hi

I've just written a letter of complaint and would be grateful for another set of eyes to look over it. Let me know if it reads ok:

MY ADDRESS

07.07.08

Customer Services Manager
COMPANY ADDRESS
Re: Invoice XXXXXXX

To Whom it May Concern

On 23 November 2007, a Nokia N95 8 gig mobile phone was purchased from your company.

I am disappointed because the phone has not performed as it should.

On recieving the handset I experienced numerious 'out of box' issues.

These included:

1. The back of handset being loose
2. The slider mechanism jamming
3. The buttons being 'sticky' and staying pushed in
4. Crackly speaker
5. The charger plug falling out of the handset
6. The phone switching itself off
7. Errors stating the 'app is using too much memory' when trying to send a single text message. No applications were in use at the time.
8. The phone not saving all numbers in 'call log' (even when the number appears when call is incoming / being dialled / missed).
9. Phone book contact issues. When a contact is saved in the phonebook the name of the contact is not linked to the phone number that would otherwise appear as just a number in call log.

Therefore this product is not of satisfactory quality nor fit for the purpose as laid down by the law. The law says goods must be free of any faults, including minor ones. Goods must also be fit for the purpose meaning you must be able to use them for the purposes that you would normally expect from a mobile. Where goods bought after 31 March 2003 prove defective within six months of purchase, there’s a presumption that they were defective when they were bought, in which case your company is in breach of contract (Section 14 Sale of Goods Act 1979).

I initially complained about these issues in the first week of owning the handset. I heard nothing back from your company. I then attempted to follow this up over the phone only to speak with 2 staff members who failed to return my call on both occasions. I then contacted your Operations Manager, Peter, in March. Peter apologised promising he’d look into the issue and contact me back straight away as he was aware the phone would have been entitled to an ‘out of box’ replacement. I didn’t hear back from Peter despite leaving numerous messages.

As a repair would cause significant inconvience I am entitled to a replacement handset whilst reserving my right to claim against you. Enclosed is a copy of the invoice.

I look forward to hearing from you and to a resolution of this problem. I will wait for 7 days before seeking legal assistance from my solicitor. Pease contact me at the above address.

Yours sincerely


Thomas SIRNAME

Easier to read and errors underlined. Maybe not all, but the ones I spotted.

Thomask

I'm just about to post it.

Does this sentence make sense:

As a repair would cause significant inconvience I am entitled to a replacement handset whilst reserving my right to claim against you.

???

nesssie1702

Ooooooooooh's right - For the SoGA 1979, as amended it's a repair first followed by replacement if the repair doesn't work.

If you need further advice, look at the Consumer Direct website, there are template letters available there.

http://www.consumerdirect.gov.uk/after_you_buy/making-complaint/template-letters/

McKneff

I can understand you wanting a repair but surely when you found all these faults in Novenmber when yu opened the box then that was the time to complain.

olly300

OP under the Sale of Goods Act you had the first 6 months of ownership in which to complain where the company you brought it from would have to change your phone without argument. Now the company can refuse to because they can argue that you broke the phone I suggest you edit your letter to include the exact date and time you called customer services - it will be on your phone bill- and who you spoke to. If you don't then accept that the company may be difficult with you.

Tozer

The comment about referring the matter to a solicitor will lose you credibility. You would not instruct a solicitor to pursue this sort of claim.