Phone shop have broken my mobile phone!

Emy1501

Doesnt really matter if they did it as favour. They have broken part of the phone and they will need to fix the prt they broke.

I they have insurance which covers defective workmanship then they old leave it to the insurers.

thatsean

Exactly, but unless the op has neglected to mention, they have no proof that they were in the shop - never mind that their property was damaged.

Emy1501

The small claims court is very claimant friendly especially when it comes to claiming against businesses.

If I was the OP I would send an email detailing the problem. I suspect the shop will have CCTV and therefore it will be down to them to prove he was not there.

The phone is also only a couple of days old and the shop should have got the OP to sign for any damage.

The manager and all other shop assistance will have to agree to attend court and lie to a judge.

Chances of OP.winning are pretty high

real1314

thatsean wrote: »

Exactly, but unless the op has neglected to mention, they have no proof that they were in the shop - never mind that their property was damaged.

There are too many on these forums who seek to set up a combative situation by refuting every consumer right under the sun with various straw man arguments.

Why on earth would anybody be expected to set up some sort of system to prove that they entered a shop? Seriously, you're on some weird trip here.

OP - the shop accepted it for repair and should either:-

Return it unrepaired in the condition it was given at no charge
or
Return it repiared with the agreed charge to pay

You've lost your warranty with the manufacturer/seller though by using an alternative repairer.

On the note of almost any requirement for "proof" in consumer situations; the degree of proof need is "balance of probability" - that doesn't equate to any absolute evidence being needed, something as simple as a statement could well suffice. :cool:

thatsean

I'm not on a trip. and I think perhaps you're being too sensitive - I think it's fairly clear that I wasn't suggesting that the op should prove they were in the shop, more to draw attention to the point that there is no evidence this ever happened.

My point is that the op is in a situation now where they can say - i took my phone into this shop and they damaged it; and the shop say - we've never seen you before, have you got a receipt to prove that we did any work?

Mickyk

I didn't think you could make an insurance claim for damage caused to the phone with intent.

Fair enough you prob didn't realise that you needed a different sim, although by forcing it in, it could be deemed as self inflicted malicious damage.

Naf

Does the insurance cover accidental damage? If it does you might be able to claim under it; but be open & honest about both what you did & what happened in the phone shop.