Could use some advice for a claim appeal.

4743hudsonj

visidigi wrote: »

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.

I doubt that if i manage to enforce the contract then they have no option but tio repair or offer vouchers for a spec-to-spec machine.

visidigi

4743hudsonj wrote: »

I doubt that if i manage to enforce the contract then they have no option but tio repair or offer vouchers for a spec-to-spec machine.

I don't think you will get to the point of enforcing, that's what I was trying to point out - I suspect this may get settled early...just my opinion...

mattyprice4004

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.

Why would the repair cost more than a mid-range laptop? I repair power sockets all the time in my line of work, it's really not difficult.

4743hudsonj

mattyprice4004 wrote: »

Why would the repair cost more than a mid-range laptop? I repair power sockets all the time in my line of work, it's really not difficult.

It not just the power socket, the overheating of the plug has caused damage to the DC cable and the fan wiring next to it. All of this on a i7 board = not cheap.

bod1467

How do you know the extent of the damage? Did you open the laptop? (This may have breached the warranty conditions).

4743hudsonj

bod1467 wrote: »

How do you know the extent of the damage? Did you open the laptop? (This may have breached the warranty conditions).

No, I had my suspicions anyways but they detailed some of the repairs required.

Anyways I have an update.

I finally got the laptop back, without a letter I might add. This took the mick really as I had to spend ages on the phone to their 0844 number to just get the correct address/email to write to.

I wrote a letter (I'll quote it below) and emailed it off with the intention of also sending it recorded mail. I also took the chance to try out CoolHotCold's advice and go in-store to send a copy off.

Unfortunately their promise of 48 hours is rubbish as I still haven't heard back days later.....

48 hours I took a punt at emailing John Browett. I knew HO's email extension would be @dsgiplc.com so I simply tried several permutations of his name in front and shot of a modified letter (this was about 10pm last night)

Amazingly 10am this morning i get a call from the head of customer relations (or something to that effect) who had it passed down and she has confirmed my stance.

Apparently the head of the claims department imposed this 30-day rule a fair few months back but simply failed to make sure it was written into any terms or told to any sales staff and as such she agreed that I was absolutly right and that she would get my laptop repaired as a priority or if past 7 days, written off immediately. I believe her too as i have her personal extension and im sure the last thing she wants is me badgering her again:rotfl:

She also said she will pass the info on to the relevant departments to make sure this rule is written into all of their literature and to inform the claims managers that they cannot impose this until this is done.

So a happy result for me all on a cheeky punt to the CEO. When I posted here I never used to like the idea but I have to say it gets things done so much faster.

Dear John Browett,
I am writing to you to formally appeal a decision made by yourselves to reject the repair or replacement of my laptop.

The laptop was originally bought from you Kettering PC World store on 20/10/10 for £1,099.99 and at the time I was offered 1 month free Whatever Happens cover which I took up. As the laptop had a warranty already I cancelled this around the first month to not incur extra costs. I let the warranty run its course with the intention to take up WEH cover before my warranty expired.

However due to moving house twice in a short period of time, I did not get round to taking out a policy until the 5/12/11. Because of the lapse in time between the expiry of the warranty and me wanting to take out a policy, I returned to the Kettering store expecting them to want to inspect my laptop for damage before giving me a policy, I was told that I needed to ring your Knowhow number to take one out past the warranty period. I did this there and then in the store and I took out a premier policy.

Unfortunately on the 10/12/11 I noticed the charge port was damaged and charging had become unstable making the charger itself become extremely hot. I decided to book it in for a repair that day and it was collected on the 12/12/11.

After 7 (19/12/11) days with no update I decided to ring to find out how long the repair would take. I was advised that they had only just ordered a part and that between it arriving, being repaired tested and returned would be about 2 more weeks. As I am a University student in my final year I had a lot of work over the Christmas period which despite having a loan laptop, would have been far easier with a fully featured and more powerful laptop like my own. As such I requested it to be written off in the hope that it would be a faster route and I could just get a replacement to carry on my work.

I was told originally it would take a week however this came and went with no explanation. The first details I hear were around the 6/1/12 and that my laptop had gone to claims investigation and had been denied and it would be sent back un-repaired with a cover letter explaining the reason further. It arrived back today (11/1/12) without any letter however from information given by your team the reasons for rejection may be:

• They set a 30 day limit where no claim is accepted where the policy was not taken out with purchase
• The short time between taking out the policy and making a claim
• The cancellation of a prior agreement

The 30 day policy is of particular concern as it was the most cited and whilst I can understand why a company may want this policy, it does not mention ANYWHERE in your point of sale Knowhow material, your website, the welcome pack or your full terms and conditions ANYTHING about a 30 day period where claims cannot be made. This is further backed up by myself calling your sales team and posing them the question that if my laptop broke down a week after I took out the policy would I be covered and their response was “yes, certainly”.

As such I see no legal or contractual reason why this repair or write off request can possibly be rejected. The claim was clearly not investigated at all and an assumption was simply made despite it being accidental damage at worse which should clearly be covered by your policy. Therefore I request that you accept my appeal and continue to write off my laptop as previously requested so that I may continue with my university work with a suitable working laptop as fast as possible.

Please consider this matter with the upmost importance as failure to respond with a satisfactory outcome within 14 days will leave me with no option but to pursue the matter further through court action whilst informing Trading Standards of your unwillingness to abide by a contract.


(I have deleted all details and references)

unholyangel

9.1 Terms which have the effect of making consumers agree to accept
obligations of which they can have no knowledge at the time of contracting
are open to serious objection. It is a fundamental requirement of contractual
fairness that consumers should always have an opportunity to read and
understand terms before becoming bound by them (see Part IV).

9.2 It is not 'hidden terms' themselves that are indicated to be unfair, but any
term which binds the consumer to accept or comply with them – or, in
legal jargon, 'incorporates' them 'by reference'. However, terms of whose
existence and content the consumer has no adequate notice at the time of
entering the contract may not be binding under the general law, in any
case, especially if they are onerous in character.


9.4 This is not to say that every detail of information about an agreement must
be included in a single contract document. Indeed, relying solely on lengthy
terms and conditions to communicate with consumers is positively
unhelpful. Face-to-face explanation serves a valuable purpose, as do
brochures, executive summaries, and other forms of written guidance – particularly as a means of drawing attention to the more important terms.
The overriding requirement is that consumers are effectively alerted –
before committing themselves – to all contractual provisions that could
significantly affect their legitimate interests.


11.1 The OFT's objections to variation clauses generally are set out under Group
10. A variation clause of the particular kind described in the wording above
allows a supplier to substitute something different for what he has actually
agreed to supply. This conflicts with the consumer's legal right to receive
something that is in all significant respects what he or she agreed to buy,
not merely something similar or equivalent.

I would imagine having to pay for a month before claiming is unfair in itself as effectively, you're paying for a product which is not being supplied to you. I have seen similar terms with other warranty providers, breakdown covers etc.....although those state that if you cancel before the 12 months is up, you may have to pay the difference between the premium paid and the actual cost of repair/recovery.

Schedule 2, paragraph 1, states that terms may be unfair if
they have the object or effect of:
(o) obliging the consumer to fulfill all his obligations where the
seller or supplier does not perform his.

Important thing to perhaps note taking into account the above.....what is the date stated for the "start date" of your policy cover?

4743hudsonj

unholyangel wrote: »

Important thing to perhaps note taking into account the above.....what is the date stated for the "start date" of your policy cover?

Thanks, ill bear those in mind, perhaps if a few months go by without change but at the moment it looks like they're living up to their own contract finally.

The start date is listed as the 5th of December, the day I took it out. As you say though seems strange that they could have this policy still a simply way round would be to request an inspection of the goods to check for prior damage (as I expected them to want to do). That way they cover themselves from fraudulent claims but also don't risk enforcing terms of dubious legality.

4743hudsonj

Well... collection has been arranged, so far so good.