John Lewis - Warranty on an Apple iPad when original receipt is lost.

wealdroam

morv999 wrote: »

Apple can't do anything as it is the retailer who sold it can only sort it out. Apple Store have been great.

"Apple can't do anything...", are you sure?

If Apple are as good as you say, then surely they would be doing more.
Of course they have no obligation to do more, which is exactly the situation John Lewis find themselves in.

They are both either a) doing all they can, or b) dodging the issue... take your pick.

Sorry but only one party to blame here... who lost the receipt?

ThumbRemote

Send John Lewis a letter before action and threaten small claims court.

There is no requirement in the Sale of Goods Act to provide a proof of purchase. After all, even ownership of a receipt doesn't prove the iPad was purchased by you - it only proves you have the receipt.

Small claims court only works on the basis of 'balance of probabilities' (compared to 'beyond reasonable doubt' in criminal cases) so you just need something to show the iPad was bought new by you. This doesn't have to be a receipt. Something from Apple showing the date it was registered to your account, or maybe iTunes on the PC will provide this. Even a statement from a friend who was with you when you bought it, or who can say when you bought it.

bris

ThumbRemote wrote: »

Send John Lewis a letter before action and threaten small claims court.

There is no requirement in the Sale of Goods Act to provide a proof of purchase. After all, even ownership of a receipt doesn't prove the iPad was purchased by you - it only proves you have the receipt.

Small claims court only works on the basis of 'balance of probabilities' (compared to 'beyond reasonable doubt' in criminal cases) so you just need something to show the iPad was bought new by you. This doesn't have to be a receipt. Something from Apple showing the date it was registered to your account, or maybe iTunes on the PC will provide this. Even a statement from a friend who was with you when you bought it, or who can say when you bought it.

Utter nonsense, everybody except you obviously knows proof of purchase is a retailers right.

neilmcl

morv999 wrote: »

JL advertise it as a 2 yr warranty for

No, JL advertise that it simply comes with a 2 year guarantee. The first year will be guaranteed by the manufacturer, the second by JL.

ThumbRemote

bris wrote: »

Utter nonsense, everybody except you obviously knows proof of purchase is a retailers right.

In which case I look forward to you pointing me to the section in the Sale of Goods Act where this is stated.

neilmcl

ThumbRemote wrote: »

Send John Lewis a letter before action and threaten small claims court.

There is no requirement in the Sale of Goods Act to provide a proof of purchase. After all, even ownership of a receipt doesn't prove the iPad was purchased by you - it only proves you have the receipt.

Small claims court only works on the basis of 'balance of probabilities' (compared to 'beyond reasonable doubt' in criminal cases) so you just need something to show the iPad was bought new by you. This doesn't have to be a receipt. Something from Apple showing the date it was registered to your account, or maybe iTunes on the PC will provide this. Even a statement from a friend who was with you when you bought it, or who can say when you bought it.

And the 2014 winner of the most useful (not) piece of advice of the year goes to...

It is implied that a contract must exist if you wish to exercise your rights under the SOGA. Without proof of purchase the buyer cannot bring an action using the SOGA, simples!

ThumbRemote

neilmcl wrote: »

And the 2014 winner of the most useful (not) piece of advice of the year goes to...

It is implied that a contract must exist if you wish to exercise your rights under the SOGA. Without proof of purchase the buyer cannot bring an action using the SOGA, simples!

And as I said in my post, the Small Claims Court works on the balance of probabilities.

OP can take John Lewis to court.
John Lewis can claim, as a defence, that no contract exists.
OP only needs to show on the balance of probabilities that it does.

There is no mention of proof of purchase in the SoGA. The only proof needed is to the level of the applicable court, the small claims court. Not the criminal court.

Simples indeed.

prowla

Did you buy it on a credit card?

ThumbRemote

No, they used cash.

morv999

I fully admit I have misplaced my receipt. I have taken things back to other stores before and never had a problem, I thought this was taking it to the extreme. If I had not got a report from Apple stating this I would agree, I have no receipt to prove it was from their store.

Funny you said Credit Card, their manager stated credit card proof is not a proof of purchase. The only way to prove it is the Original Receipt. They are taking this to the extreme....... I still have 10days to look through loft, garage shed etc to try and find it!