Photos store lost my film - what are my rights?

Smiley82

Okay, story time....

I recently went on holidays to Egypt & Jordan, and bought an underwater camera for use at the various beaches/Red Sea/Dead Sea etc. Had a wonderful trip, took lots of pictures.

Came back to London, put the camera in for processing at a branch of a reasonably well known photo chain. This was 29th September.

Went back a few days later on the date requested.......no photos.

Went back the next day after that......no photos.

Since then, they have started, and concluded an investigation in to my missing photos, that has spanned approximately 2 1/2 weeks, only today to come back with the following letter:

Dear Sir or Madam,

Thank you for your recent letter concerning the film that was deposited with us for development.

I am writing to inform you that after extensive seraches for your recent missing film, unfortunately our efforts have been unsuccessful.

I understand that every customer's items are precious and we do endeavour to take the best care possible with all items entrusted to us. However on this occassion is would appear that our efforts have failed and for this we would like to extend our sincere apologies.

Please be assured that we will continue to search for your missing film and should this be located at any time in the future please be assured that this will be forwarded on to the store immediateld.

As a gesture of goodwill and by way of compensating you for your inconvenience we are enclosing a complimentary film for your use.

We would like to take this opportunity to thank you for your continued support thoughout the serach.

Should you require and further assistance, please do not hesitate to contact me.

To say I am gutted is just a starting point......but to offer me a replacement film just feels like an insult. I even had to ASK and remind them to get my original processing fee refunded, they didn't even automatically offer it.

They haven't even replaced what I lost! (film vs underwater disposable camera). Goodwill gesture and compensation my foot!

I don't know what the do now.....do I respond to the letter saying that I am disappointed and want more? Do I have any rights?

And before anyone starts, I know they can't replace my missing memories.....although the guy at the photo store did try and say 'well you still went there, you've still got the memories' - hardly the point....I can never show anyone else, and can never look back over the photos and remind myself!!

Does anyone have any constructive feedback or steps forward?

Appreciate all responses!

vicshippers

You have my sympathy, the thought of losing any of my photos is horrible. However it does seem like you are the victim of human error and I really don't think they can compensate you fully for the loss of precious photos. I think you're right though, I would expect them to replace the disposable underwater camera at the very least - so write to them and say that.

When we went to Egypt we got a waterproof bag to put our digital camera into (eBay has loads for <£20) which meant that we could save them to our hard drive and copy to hard disc for printing. Maybe you could try this next time?

shellsuit

To offer you a film is pathetic and an insult. Do they think you would use the film anyway and go back there to have it processed?

I'm sorry this has happened to you, you must be gutted because I know I would be.

I don't know what to suggest sorry, but I'm sure others will be along to help you x

ihatecaptcha

Have a look at post no 7 here:

http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/77981-max-speillman-lost-honeymoon.html

It seems a similar situation.

Crabman

First I think you should consider letting them know that you do not accept the complimentary film as suitable compensation.

If you can prove negligence against them (probably not too difficult given their letter) they/their insurers should restore the situation as if their negligence hadn't occurred. This may require a court claim to get the ball rolling.

Do you have home insurance, with the legal expenses add-on? They may be able to help. If not a local recommended solicitor should offer a 30 minute appointment free to see if they can help.

The link in the above post contains very useful advice for exactly this situation. Good luck

Miró

Hi

I had some photos damaged beyond repair by Boots. The sales assistant said that she had to offer me my processing fees back, a new film and £20 in compensation. However she advised me, (off the record), not to accept anything but to take it up with head office as I would be more generously recompensed that way. I did this and they eventually awarded me £100. If I were you I would not accept their pathetic offer of a new film but push for a more realistic settlement. Not that it will replace your treasured photos but might make you feel a bit better.

Good luck

X

pinkshoes

I had a film lost before, and got the standard film in compensation along with my fee refunded.

When you fill in the form to send the film off, you are agreeing that if they lose it, your compensation will be a replacement film.

This was about 6 years ago (I bought a digi camera after that!), so not sure if they still carry the same T&Cs...

Ste_C

Smiley82 wrote: »

They haven't even replaced what I lost! (film vs underwater disposable camera). Goodwill gesture and compensation my foot!

Why would they give you a new disposeable camera? The one you gave them to develop couldn't be used again anyway.

Smiley82

vicshippers wrote: »

You have my sympathy, the thought of losing any of my photos is horrible. However it does seem like you are the victim of human error and I really don't think they can compensate you fully for the loss of precious photos. I think you're right though, I would expect them to replace the disposable underwater camera at the very least - so write to them and say that.

When we went to Egypt we got a waterproof bag to put our digital camera into (eBay has loads for <£20) which meant that we could save them to our hard drive and copy to hard disc for printing. Maybe you could try this next time?

Thanks, I do understand what you're saying......it's human error, and I do realise that. I know that no matter what they offer, it won't replace my lost photos, but I just thought that a replacement film was a complete insult

As for the waterproof bag....I had read about them, and just didn't want to risk my new digital camera (only a few weeks old at the time). I thought I was being safe by buying a disposable! How wrong I was!!!

Smiley82

Mir! wrote: »

Hi

I had some photos damaged beyond repair by Boots. The sales assistant said that she had to offer me my processing fees back, a new film and £20 in compensation. However she advised me, (off the record), not to accept anything but to take it up with head office as I would be more generously recompensed that way. I did this and they eventually awarded me £100. If I were you I would not accept their pathetic offer of a new film but push for a more realistic settlement. Not that it will replace your treasured photos but might make you feel a bit better.

Good luck

X

Thanks for the info....I requested the Head Office details from the store in question and will definately be writing them a letter. I just feel really fobbed off by them, and they weren't particularly helpful or apologetic anyway. At the end of the day....human error happens, but I just think they have handled it badly

pinkshoes wrote: »

I had a film lost before, and got the standard film in compensation along with my fee refunded.

When you fill in the form to send the film off, you are agreeing that if they lose it, your compensation will be a replacement film.

This was about 6 years ago (I bought a digi camera after that!), so not sure if they still carry the same T&Cs...

Yeah, I think they do....hence why they're trying to tell me that this is a gesture of goodwill, and that they don't actually have to offer me anything!

OlliesDad

Ste_C wrote: »

Why would they give you a new disposeable camera? The one you gave them to develop couldn't be used again anyway.

Maybe as she hasnt had the use of the camera due to the shops negligence (the enjoyment is from having the photos, not taking them)?

Its like buying a steak in a restaurant, but on the way to the table the waiter dropping it, would you expect a new steak? according to your argument the answer would be no as it couldnt be re-used anyway.