Could use some advice for a claim appeal.

4743hudsonj

Long time no post for me, hopefully a much better atmosphere on here now.

Regardless i could use some advice on how to word and what laws apply to my situation with an refused extended warranty claim.

Ill start of by clearing up that I am fully aware of my rights under SOGA and that a lot of you for this reason will say don't bother with extended warranties etc etc but personally I think used right they can make life a lot easier and they can be worth it so I'm not looking for a lecture on this.

Anyways I bought a Sony Vaio F series laptop December last year from PC World. I let the manufacturer warranty run its course (I actually cancelled the free months WEH policy they gave me at purchase) and then just as it was to expire I rang to take out the Premium Whatever Happens warranty on a monthly basis.

Just 1 week later and the laptops charge jack got extremely hot and it was clear it was failing. Great I thought I have the insurance, I sent it off for repair on 12/12/11. The policy stated a one week turn-around or replacement which I wanted as I needed it back to do uni work over the Crimbo holidays. The week passed and no laptop had arrived so i called and was told it will be 2 more weeks as they had to order a part from China. At this point I asked if it could be written off as I assumed that this would be faster and I could just get a laptop ASAP.

Fast forward 3 weeks and I've heard nothing. Daily calls to their centre return various excuses and stories. I finally push for a real answer and get told that the claim has gone to claim investigations and that they have rejected it on the basis that they require a minimum of 30 days before any claim can be made when the warranty isn't taken out at the time of purchase.I was also told that contributing factors were the short space between the policy start and the claim and also the fact id cancelled a policy for the laptop already (the 1 months free given at purchase).

The laptop is on its way back with a cover letter explaining the above and with details on appeal process which I fully intend to follow (small claims will be the next option). I am appealing the basis that nowhere in the POS leaflets, the website, the full terms and conditions or the welcome pack does it mention a 30 day period where no claim can be made, even their salesmen state that the cover begins immediately. Therefore under their own contract they have no basis to refuse a claim.

So there we go that's my issue. First port of call is this claims process, if that doesnt get me anywhere then a recorded letter to the "CEO" (a.k.a the CEO's secretary's secretary :rotfl:- regardless it seems to get others results) and then small claims.

What I would like to know is any particular statutes back up my position perhaps something in the unfair terms in consumer contracts act (maybe not as this "term" isn't even in the contract) or anything else?

Also anyone know from personal experience (have either appealed a rejection yourself or worked at this department) how likely this appeal will be successful.

Thank-you all

Rex_Mundi

Going by what you've posted, your claim should be straightforword.

You took out a warranty, claimed a week later on the warranty. They refused a repair because they say you cannot claim within the first 30 days of the warranty. You say there are no such disclaimers in their terms and conditions.

I can understand why a company may insist on this term to stop people with an already broken product taking out a warranty just to get their item fixed. You need to go through the Ts&Cs line by line to make sure there is no mention anywhere of this term and to be rock solid in your claim against them.

But...............

I don't understand why you are so fixated on this route (claim appeal then small claims). If it does go to small claims, it would take months to get a resolution.

If they refuse your appeal. In your LBA, I would give them one final chance to put this situation right and state that seeing as you need the laptop for uni, you will get a repair independently if they refuse, then claim for the repair cost+court cost. This would still take time before your laptop is repaired (you have to give them a 'reasonable time' to respond to the LBA before you can get the repair).

Alternatively..................

You have had the laptop over a year. SOGA states it is down to you to prove the fault.

Why not consider taking the laptop to an indendent repair centre. Get a written report on the nature of the fault and the fact it is inherent. Take the laptop and written report to the shop and claim under SOGA. They will have (legally) to act on a resolution and refund you the cost of the written report as well.

This would seem a much quicker (and less hassle) way of ending this situation. You could then decide whether you want to continue with the warranty or not (another story).

4743hudsonj

Thanks the issue is SOGA may not apply as I'm not sure but it may have been damage caused by me, regardless accidental damage is covered by whatever happens.

As for getting it repaired first then claim costs this is uneconomical as its a high end laptop and so the repair would cost more than a mid-range laptop which is money I just dont have.

I want to go down this route as if it did need to go to small claims id need to demonstrate that id given them a reasonable chance to resolve the issue which in this case would be to first use the appeals procedure then give a LBA (along with CEO letter) then court (which would not take months)

Ive scoured the terms and conditions many times and it makes no mention of such policy.

molerat

4743hudsonj wrote: »

Thanks the issue is SOGA may not apply as I'm not sure but it may have been damage caused by me, regardless accidental damage is covered by whatever happens.

As for getting it repaired first then claim costs this is uneconomical as its a high end laptop and so the repair would cost more than a mid-range laptop which is money I just dont have.

I want to go down this route as if it did need to go to small claims id need to demonstrate that id given them a reasonable chance to resolve the issue which in this case would be to first use the appeals procedure then give a LBA (along with CEO letter) then court (which would not take months)

Ive scoured the terms and conditions many times and it makes no mention of such policy.

Which may not be covered under the warranty

What is not included:

• Regularly replaced items/consumable items
• Built-in batteries
• Cosmetic damage where it does not affect the operation or safety of the product
• Repair costs that have not been approved
• Damage or breakdown due to flood, wind or other severe weather conditions
• The cost of repairing or replacing a product which fails because anyone neglects, abuses or misuses the product
• Any service or benefit where the product support agreement has been suspended
• Inoperability of a product caused by withdrawal of services by a third party
• Theft or any loss suffered if you cannot use the product or any loss other than repair or replacement
• Any claim where your monthly payment has not been received
• Protection for dishwashers, vacuum cleaners, cooking and laundry products if used for business

CoolHotCold

Heres what to do, follow the action detailed when you get the laptop back.

Also write a complaint letter (and have two contact numbers/email addresses & your address) detaining the issues you've had. Go down to the local PcWorld and ask them to follow the complaints procedure (SaveOurCustomers) What the store (KnowHow Specialists) will do is email or fax it to the complaints team who should investigate the problems and respond within 48 hours with a resolution.

CoolHotCold

The cost of repairing or replacing a product which fails because anyone neglects, abuses or misuses the product

For example, leaving the laptop out in the rain is neglect and misuse. Dropping it in a bath is abuse. So long as it's a accident or circumstance out of your control (Such as vomiting on the laptop) thats what that phrase means.

4743hudsonj

molerat wrote: »

Which may not be covered under the warranty

Thanks but this is not misuse or abuse of any form. The laptop was in a padded bag at the time that it may have been damaged (again this may not even be the cause). It just so happened It got accidentally knocked on the corner at a weak point in the padding around the charge port. Anyway WEH covers accidental damage, whether or not they also claim its misuse is another issue.....

CoolHotCold wrote: »

Heres what to do, follow the action detailed when you get the laptop back.

Also write a complaint letter (and have two contact numbers/email addresses & your address) detaining the issues you've had. Go down to the local PcWorld and ask them to follow the complaints procedure (SaveOurCustomers) What the store (KnowHow Specialists) will do is email or fax it to the complaints team who should investigate the problems and respond within 48 hours with a resolution.

CoolHotCold wrote: »

For example, leaving the laptop out in the rain is neglect and misuse. Dropping it in a bath is abuse. So long as it's a accident or circumstance out of your control (Such as vomiting on the laptop) thats what that phrase means.

Thanks, great info. Is this the complaints procedure that will be detailed in this letter? If not, should I do this as well as what the letter details?

Hintza

I hope your laptop's log supports your version of events, ie it didn't die before you took out the warranty.

Rex_Mundi

4743hudsonj wrote: »

I want to go down this route as if it did need to go to small claims id need to demonstrate that id given them a reasonable chance to resolve the issue which in this case would be to first use the appeals procedure then give a LBA (along with CEO letter) then court (which would not take months).

I've used small claims a few times. If the case is defended. It can drag on.

LBA.........7 to 14 days reasonable time to give them to resolve the issue

File N1 in court (or MCOL)..........14 days for PC World to respond, 28 days if they wish to enter a defence.

Allocation Questionnaire...........This is needed if a defence is entered.....14 days to respond

Court Date...........Only after all the above steps have been taken and depending how busy the court is, anything from a couple of weeks up to a couple of months.

................................................................................................

Having read the terms myself now, I can't see it getting this far. There is no mention of 30 days non claimable period. Hopefully someone at PC World with a brain bigger than a peanut will read your complaint and deal with your issue.

4743hudsonj

Hintza wrote: »

I hope your laptop's log supports your version of events, ie it didn't die before you took out the warranty.

Yes it would support it besides i dont think the log would report the charger plug overheating (due to leaking charge)

visidigi

I guess it comes down to perception from knowhow on this - you had a accidental damage warranty and you cancelled. The normal warranty ran out (which doesn't cover accidental damage) and then a week after taking out a new accidental damage policy it fails. Im guessing this has simply flagged up too many issues for the claim to be honoured.

I wish you luck with it, at a guess this will end up with a partial refund/store credit based on usage against original purchase price.