KRCS damaged iPad when returned for warranty claim. Need advice

tanzanyte

I took our family iPad to the Apple store as it wouldn't charge. We'd had intermittent charging trouble for some time but we thought it was cable related to begin with. The engineer said there was no damage to the port or anywhere else and agreed it had an intermittent charging/hardware fault and would need a replacement. The Apple engineer wrote a report and suggested I go back to the retailer and try under warranty given the iPad was only 18 months old.
I got back in touch with KRCS (the retailer) who said it was covered by their 2 year warranty. I had the original box and another computer box so that it was packaged really well, and sent it 4-5 days after visiting Apple as it was over the weekend and I couldn't get to PO on Monday.
KRCS receive it and a few days later book it in with their engineer. I then receive an email saying that I will need to pay £590 as the iPad has a severe bend in and therefore isn't covered.
The bend wasn't there at the Apple store as I have proof from the Apple report. I know it wasn't there when I packaged it up. I had to clean it as it's in a case that covers the front and back and the sections around the front camera etc were not very clean so I wiped it all and noticed there was a small black case mark on the side where the bend now is so I know I'd have seen it if it was there (you also can't miss the bend it's so severe). It also sat flat in the original box when I packaged it up, which it now doesn't. I asked for ages of the iPad and the packaging and the engineer said the packaging was fine and damage wouldn't have occurred that way.
I got KRCS to return the iPad as I certainly wasn't going to pay them to repair it given I have zero trust in that company. I took the iPad back to the Apple store to get it replaced and they advised I fight it as they said there's no way they'd have missed the bend and that the Apple report should be proof enough that it wasn't like that.
I have tried SoGA and KRCS have refused citing the bend. I have tried going through credit card, but unfortunately I am an additional card holder and didn't realise that means I have zero rights, so even though my husband and I bought it for our family, my name is on the invoice and that's that.

I would like to make a small claim as I know that KRCS have damaged my device, whether or not it's to wriggle out of their warranty obligation.
I don't know how I prove that the iPad was inherently faulty within the first 6 months, who do I take it to and does anyone know approximately how much this is likely to cost? I can obviously prove that the fault was there before any damage, but the Apple report doesn't state that this fault would have been there within the first 6 months.
However, I don't know whether I can and would be better trying to claim for the damage KRCS have done rather than the fault with the device? The staff member at Apple seemed to think that their report would be enough to fight this despite there being a few days between my visiting the Apple store and sending it back to the retailer. It's shown as having no damage for 18 months and then has damage when KRCS receive it which looks odd, especially when they are the only ones that gain from that damage and it is very severe yet no other damage is on the iPad, no cracks to screen etc.
I have no pictures of the iPad before it was packaged (I have very much learnt that lesson for next time, but you don't expect this level of dishonesty with what you assume is a reputable company)
Is it even possible to claim that a company has damaged your device. If so how can I do this and is it a different process?
Any help on this would be hugely appreciated.

Manxman_in_exile

It's not SOGA any more, it's the Consumer Rights Act 2015 (legislation.gov.uk).

Did you organise and pay for its return or did the retailer do that?  (I presume you did if it's PO)

What method of return did you choose?  (And insurance cover, if any at all).

Don't suppose you have any photos of it before you sent it?

tanzanyte

I paid to send the iPad back to KRCS and made sure it went Special delivery, covered to the value of the iPad.
The company returned it. Not sure what method that was.

I only have a photo that I took whilst in the Apple store. However this was just of the screen to see what apps were installed in case the back up hadn't worked. They do not show the sides of the iPad.

screech_78

I would say it’s more likely it’s been damaged in transit than the retailer damaged it. 

You’re throwing an awful lot of accusations around with zero evidence. 

TadleyBaggie

Agree with previous, you don't know (and cannot prove) KRCS damaged it. The most likely reason is mishandling in transit but again that is just speculation.

tanzanyte

That was in fact my first conclusion, however the retailer wrote back to me saying the damage was not done in transit and that there was no damage to any of the packaging. Therefore I'm not sure what other conclusion I am supposed to draw.
I packaged it in the original iPad box, inside a much larger laptop box with lots of formed packaging around the iPad box to keep it away from the sides. If there was no damage to either box I cannot see how the damage would have occurred in transit. 

It did not go off to the retailer with a bend. It didn't have a bend when I took it to Apple days before it was sent off, yet it goes off to be fixed under warranty and suddenly has a bend that means it cannot be fixed for free. What other conclusion can I draw here? I am open to other suggestions and ways to try and get this matter sorted. I have been shafted by someone somehow and I'm just trying to work out the best way to fix it.
If it were possible to have happened via transit, how do I make a claim with RM? I don't have any of the original packaging as the retailer threw it out so I'm not sure where that would leave me trying to get evidence, especially with a written response from the company saying it wasn't done through transit.

visidigi

do the serial numbers match up? Could it have been 'swapped'?

tanzanyte

Nope, checked that against the Apple report. It's definitely my iPad and still has the mark from the case so it hasn't been swapped.

GrumpyDil

Did you take any Royal Mail insurance cover out when you posted it?

theonlywayisup

GrumpyDil said:

Did you take any Royal Mail insurance cover out when you posted it?

Op has said they used Special Delivery which includes up to £750 as a minimum - assuming the item is not prohibited/restricted. 

tanzanyte said:

I paid to send the iPad back to KRCS and made sure it went Special delivery, covered to the value of the iPad.

As there was no damage to the packaging, the Op will have a difficult time in making a claim against Royal Mail anyhow.

Op I don't know what to suggest - does the repairer take photos of items on arrival?  Could it have been damaged after arrival but before repair?   

Not the same but our car was left with Heathrow on-airport executive parking.  It was photographed going in after it had been handed over to the driver.  On it's return to us it was photographed again.  It had damage and the photographs proved it wasn't us.  

tanzanyte

I insured it for the complete value but like theonlywayisup has said, I can't make a claim with RM given the retailer are saying it wasn't damaged in transit, and I don't have the outer box and the inner box has no damage.

If KRCS did take a photo upon arrival, given that there were a couple of days between it arriving and going to the service engineers, they surely aren't going to give me that. They already know I am disagreeing with them and they had the Apple report stating there was no damage and aren't willing to budge.
I take it I have no come back even with small claims? I'm prepared to pay court costs because this was damaged this after I sent it and I don't see how it can be anyone other than someone at the company. It's the principle of it now.
Would the Apple report not be enough to show, that on the balance of probability, it's unlikely to have been damaged by us? It hadn't received any damage for 18 months use and wasn't in a useable state between it being with the Apple engineers and being sent off.