Repair service not returning tablet.

Keverso

[FONT=&quot]Hi all,[/FONT]
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[FONT=&quot]I recently sent a tablet away to be repaired. It was someone I found on e-bay with over 2,000 positive reviews so was not expecting too much trouble. Hosever I did get it - in spades.[/FONT]
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[FONT=&quot]First off - lets get this out of the way... I did try and get a local shop to do the repait (3 in fact) and none of htem were interested in doing it. Secondy - the tablet was not charging and as such was worthless so I was willing to take the risk.[/FONT]
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[FONT=&quot]But any way - moring on to what happened. Once they confirmed the tablet has been received the repair took quite a while but I was informed it has been done and returned to me. Then after a week I messaged them asking for the tracking number and was told it had not been collected by parcel force yet ... but would be that day. Next day arrives and goes no tracking number. I goe e-bay to message them and finaly received contact saying ... be patient we will give you the number.[/FONT]
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[FONT=&quot]They have now stopped responding and I still do not have the tablet. I have messaged them saying that as far as I am concerned they have now stolen my tablet and I will be reporting it as such to the police tomorrow unless I hear from them. I am also looking at a small claims against them. For the value of the tablet I am only looking at £25 and it's done on line so worth a shot I figure.[/FONT]
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[FONT=&quot]Can any one point me to some case law regarding theft by repair service? I have found reference to such from google but would very much like an actual case to quote should the police say it's nothing to do with them.[/FONT]
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[FONT=&quot]I would also point out that while the tablet was essentially worthless I do have an e-mail form them saying it was repaired so as far as I am concerned they have stolen a fully working tablet. I have not asked e-bay to get the repair fee returned because as far as I am concerned I was happy to pay that to return my tablet to a working state and a working tablet is what I expected back ... and what I will be claiming for.[/FONT]
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[FONT=&quot]Any thoughts/advice will be appreciated as I am intending to call tomorrow.[/FONT]
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[FONT=&quot]Regards[/FONT]
[FONT=&quot]Kevin.[/FONT]

JJ_Egan

You dont need case law for this via Small Claims .


Suggest sending an LBA letter before action see google for templates.

Keverso

JJ_Egan wrote: »

You dont need case law for this via Small Claims .


Suggest sending an LBA letter before action see google for templates.

Hi and thanks.


Totaly agree - I don't NEED case law to go to small claims - and to be honest that is where I expect to end up. However I am trying to show I did everything I could to avoid this. I figure one of the ways is to report it stolen and have the police visit. This is why I was after a case ... so that when I call - if the police say "nothing to do with us" I would like to be able to say ... But acording to Mr Thief vs Poor consumer 1998 ... " and basicly force them to open a case.


Unless you think it is so obviously theft that the police will open a case and hopefully visit them any way.

DoaM

It's not (technically) stolen ... you voluntarily sent it to them. I can't think of a pertinent description right now that suits your situation - theft by retention?

Keverso

DoaM wrote: »

It's not (technically) stolen ... you voluntarily sent it to them. I can't think of a pertinent description right now that suits your situation - theft by retention?

Fair comment - they did not take it from me but I am asking for it's return and they are not doing that. Seems like an intent to permantly deprive. However I do see your point and would be more than happy if anyone can quote the relevant section of (I assume) the theft act - or a past case.


Basicly I just want to send a final message to the repair place before calling the police. I figure if I can quote something like this it will convince them I know my rights - know what law they have broken and that I will keep going up and including the small claims court.

JJ_Egan

<Basicly I just want to send a final message to the repair place before calling the police. I figure if I can quote something like this it will convince them I know my rights - know what law they have broken and that I will keep going up and including the small claims court. >





Via an LBA


Relevant laws you require a legal expert or legal forum .


But an LBA does not have to be legally correct its just to push them into action .

Keverso

Once again - thank you. It seems I am over thinking this. So tomorrow I will report to the police (you never know). Also e-bay and paypay to make them aware then I assume a LBA sent via recorded deliver to his address ... see what happens

DoaM

You don't need recorded delivery* - in fact it's probably best NOT to use it**. 1st class post via a Post Office so you can get a certificate of posting is all you need.

* Recorded delivery doesn't exist. You probably mean Special Delivery/Signed For. (Although many people still use Recorded Delivery colloquially).

** The recipient can refuse to sign for the delivery, which then actually proves they didn't receive the LBA. Something sent 1st class is deemed "served" (delivered) 2 working days later. The CoP means you can prove you sent it.

McKneff

The police would and should be giving you short shrift on this. Its not a police matter,
Dont waste theirs and your time with this.
Just send a letter before action (as previously advised) and see what happens

Keverso

McKneff wrote: »

The police would and should be giving you short shrift on this. Its not a police matter,

But isn't this theft?

DoaM

Have they fixed the tablet?
Have you paid for this work?

If the answers are Yes and No then they're legally allowed to hold on to the device as a lien until the bill is paid.