Tesco direct - small claims court - advice / opinions please from a place of knowledge please

stragglebod

Have a look on ebay to see what the same model of tablet is going for now.

Of course they will be ones that work so take off about £150 to give you an idea of what a broken one is worth.

Then decide if what you've been offered is reasonable or not.

Crazy_Jamie

JJ_Egan wrote: »

Key here is OP failed to contact them for 12 months .
Not sure a Small Claims Court is going to accept this as reasonable on the OPs part .


I would push via Resolver/ LBA for £150 .

Far from being 'key', it's not relevant at all for the purposes of a breach of contract claim. The issue in that case only seems to be the nature of the remedy (in practice the level of refund) at this stage.

It would be key if the OP was trying to bring a claim in bailment, because I would expect the OP would have some difficulty establishing that Tesco should have kept hold of the item for 12 months with no contact, but the OP doesn't seem to be pursuing that as a cause of action.

the_lunatic_is_in_my_head

custardy wrote: »

Do you really believe a company has to hold onto a broken item indefinitely?
If you went to court,I dont see the court agreeing with you.

People are often told here if they have something that needs to be restored to someone else that the person who the goods belong to have 6 years to pursue the matter.

powerful_Rogue

the_lunatic_is_in_my_head wrote: »

People are often told here if they have something that needs to be restored to someone else that the person who the goods belong to have 6 years to pursue the matter.

Or be prepared to pay the cost of the item, which in this case is £80 which Tesco Direct have offered.

the_lunatic_is_in_my_head

powerful_Rogue wrote: »

Or be prepared to pay the cost of the item, which in this case is £80 which Tesco Direct have offered.

Says Tesco who wouldn't supply the OP with anything to confirm their claim of it being beyond repair and has 'destroyed' any evidence.

powerful_Rogue

the_lunatic_is_in_my_head wrote: »

Says Tesco who wouldn't supply the OP with anything to confirm their claim of it being beyond repair and has 'destroyed' any evidence.

Tesco don't need to supply a report. This is however the OP who left it 12 months after the inspection to ask for a replacement and then a further 12 months to chase up the fact they had disposed of it.

mrdarcy101

I am more concerned that they have without my consent destroyed the I pad the fact that it was in for repair is one thing but to destroy it without my permission is another don't you think?

mrdarcy101

thanks for your reply but surely the fact that they have without my consent destroyed it is the main issue here for court?

Crazy_Jamie

mrdarcy101 wrote: »

thanks for your reply but surely the fact that they have without my consent destroyed it is the main issue here for court?

It depends what claim you intend to make. As I noted above, a claim based on the iPad becoming faulty is a breach of contract claim, within which you would argue both the warranty angle and include elements of the Consumer Rights Act 2015. However, a claim relating to the destruction of the iPad is quite different, and would be based on bailment (broadly, the care someone is expected to take of an item that does not belong to them while it is in their possession). The difficulty that you have with that is that you did not contact Tesco for an extended period of time. The law does not require them to hold items indefinitely in such circumstances, and there will be a point where they are entitled to dispose of it. Could you succeed in arguing that they have breached their duty under bailment in this case? Yes. It could be argued, for example, that they should have contacted you before destroying the iPad, or that as a large company they could reasonably have held it for longer than 12 months while an issue was still outstanding. But there is notable risk there, and there is every chance that such a claim would fail.

The practical advice in reality is that Tesco have already offered you £80 as a measure of loss. You would argue that that is too low, and to be honest I would tend to agree. But your next step should be to go back to Tesco, possibly highlighting that there are issues both with the iPad being faulty and that the iPad has been destroyed, and then try to negotiate a higher figure. If they do come up and offer a more reasonable figure, that is a quick way to resolving this issue and allowing you to move on without needing to bother with issuing a claim in the county court, which invariably will take more time and resources than it is worth even if you do win.

mrdarcy101

Thank you for your reply that's most helpful and interesting . They won't budge on the compensation I have tried several times . I still disagree that they can destroy someones asset without consent regardless of the time that has lapsed but I seem to be in the minority with this opinion, thanks again !