ipod repair shop say my ipod has been stolen in a burglery

kbarlow42

I sent my ipod to a repair company recently due a faulty audio jac. Various ineptitude followed including them breaking the screen and then the logic board. After three months I was still waiting for the return of the damaged ipod. Having rung them (again), however, they now tell me their workshop has been burgled and everything stolen, including my ipod. They say they are making an insurance claim and I will have to wait several months before seeing what, if anything, I get as compensation. What are my rights under these circumstances? Any advice appreciated.

bod1467

Your rights are to the return of your item, or suitable compensation thereof. The fact they have raised an insurance claim is not your concern.

Time for a Letter Before Action giving them, say, 14 days to either return your Ipod or provide appropriate compensation for loss (you'll need to determine what value is relevant, and be able to justify it so don't just invent a figure), else you'll initiate proceedings in the Small Claims Court for the recovery.

Send this letter via the Post Office and get a (free) certificate of posting.

If they don't respond accordingly (or don't respond) then you use Money Claim Online to initiate the claim.

Question - are they a limited company? Sole trader? A regsitered business with company and VAT numbers?

InsideInsurance

kbarlow42 wrote: »

I sent my ipod to a repair company recently due a faulty audio jac. Various ineptitude followed including them breaking the screen and then the logic board. After three months I was still waiting for the return of the damaged ipod. Having rung them (again), however, they now tell me their workshop has been burgled and everything stolen, including my ipod. They say they are making an insurance claim and I will have to wait several months before seeing what, if anything, I get as compensation. What are my rights under these circumstances? Any advice appreciated.

Unless the T&Cs you agreed to with them absolves them of liability then they'd be responsible for indemnifying you which is irrespective of their insurance claim.

It is however indemnity not new for old, so they'd need to give you either a replacement iPod of a same standard and age or better or alternatively the cash to buy the same item secondhand.

The risk is that they dont have the funds to be able to do this.

bod1467

InsideInsurance wrote: »

The risk is that they dont have the funds to be able to do this.

That's why I asked the questions about the company's structure (Ltd. etc.). A Limited company has Limited Liability when it comes to court claims. If it is not Ltd then the business owners can be pursued personally, including their own assets (house, cars etc.).

kbarlow42

Thanks for this. On the phone, I asked if they could re-imburse me now and the guy claimed he had 'literally nothing'. Also, he made mention of closing the original company down. Their website looks exactly the same, but I notice that on the email sent to me confirming the repair the company was listed in the address as 'WeFixMac LTD', whereas now on the website it's listed as 'Mageek Ltd'.

bod1467

Uh oh! Looks like they are killing the old business and phoenixing it as a new name, so a new legal entity.

frugal_mike

InsideInsurance wrote: »

Unless the T&Cs you agreed to with them absolves them of liability then they'd be responsible for indemnifying you which is irrespective of their insurance claim.

It is however indemnity not new for old, so they'd need to give you either a replacement iPod of a same standard and age or better or alternatively the cash to buy the same item secondhand.

The risk is that they dont have the funds to be able to do this.

If they have phoenixed the company this is a moot point, but would it not be an unfair term or condition to attempt to limit liability to theft of items in their care? I thought any limits to liability had to be reasonable (when dealing with a consumer), and I'm not sure I'd consider that reasonable.

InsideInsurance

frugal_mike wrote: »

If they have phoenixed the company this is a moot point, but would it not be an unfair term or condition to attempt to limit liability to theft of items in their care? I thought any limits to liability had to be reasonable (when dealing with a consumer), and I'm not sure I'd consider that reasonable.

At the same time, how is it their fault that it got stolen? In what way were they negligent? Even if you have a monitored alarm, locks on all doors and windows, CCTV etc thieves can still get in.

shaun_from_Africa

According to this web page (CAB), the repair shop is only liable if negligent:
http://www.adviceguide.org.uk/wales/consumer_w/consumer_common_problems_with_service_providers_e/consumer_trader_has_been_negligent_e/your_belongings_are_damaged__lost_or_stolen_while_left_with_the_trader.htm
but you could argue that not having enough insurance cover in place to ensure that customers property is adequately covered for loss or damage is being negligent.

somethingcorporate

Shaun, from your link:

"If the trader did take proper care of your belongings, you should be able to claim on the trader’s insurance. Otherwise, you may be able to claim on your own insurance."

Perhaps this is my misunderstanding but if you have a valid claim against the trader's insurance company if they did take care of the belongings why wouldn't they be able to pursue the trader?
Doesn't make sense to me.

pelirocco

bod1467 wrote: »

That's why I asked the questions about the company's structure (Ltd. etc.). A Limited company has Limited Liability when it comes to court claims. If it is not Ltd then the business owners can be pursued personally, including their own assets (house, cars etc.).

A ltd company does not have limited liability when it comes to court claims .

It means that the directors are not liable for the debts of the company ( unless their are personal gaurentees or wrongful trading can be proved )