Trade in created scratches on screen offer less

Esty76

I have sent my iPhone off for trade in,but they sent pics showing loads of screen scratches which were not there when I sent. I took photos before we had 2 minor scratches. They said my pic was bad quality but we literally removed screen etc before and we had 2 scratches hardly visible which happened before we applied screen cover after buying.  So it looks like theyve used maybe a stylus as it's all over screen.  So they're now halfing price to trade in.  Where do I stand?

PHK

This is a bit confusing. Why did you remove the screen as it's likely to get damaged in the process?

How did you package the phone to send it back?

Pescur

Esty76 said:

I have sent my iPhone off for trade in,but they sent pics showing loads of screen scratches which were not there when I sent. I took photos before we had 2 minor scratches. They said my pic was bad quality but we literally removed screen etc before and we had 2 scratches hardly visible which happened before we applied screen cover after buying.  So it looks like theyve used maybe a stylus as it's all over screen.  So they're now halfing price to trade in.  Where do I stand?

I have heard of this happening numerous times on Consumer shows, it seems to be a common practice with "certain" providers.  

I don't know if it is staff on a commission or a company policy, I suspect that Trustpilot may be of use.

So no more phone calls, do everything by email.  First thing is to do a Subject Access Request asking for copies of all phone calls to and from you and all data they have associated to you including photos, videos, notes on their system, everything.  Do this via the email in the privacy section of their website, not via customer services, this will usually ensure that they don't suddenly lose or delete it.  If they do not comply raise complaint to the ICO to compel them to provide it.

Next thing I would do is to ask them to provide a copy of their photos/video if you do not have it already, then run that photo through a metadata online checker website that shows the date and location of the photos, some offer more information than others and some show when it has been edited by them.  If it has no meta data because they have deleted it then that works against them, if the files shows a difference between creation and modification date then it may suggest they edited the photo, i.e. took a photo and then copied a picture of a just the screen area of a damaged phone.  Also Run the photo through a deep fake checker as well.

Where you stand is that they have damaged your phone and are liable for the damage they have caused if you can prove it was them, so your photos help, photos of quality packaging helps, it also helps it they arranged the Courier.by giving you a prepaid label.  Otherwise the damage will be between them and the Courier and you take action against both parties.  The repair company will need to show photos of the packaging on the day of arrival to have any hope of blaming the Courier and if they organised the Courier then the risk is on them anyway.

So you put in writing the diary of events that occurred and you allege that they have caused the damage, you then give then 7 days to provide their proposal to rectify the matter, saying that you are giving them this final opportunity to mitigate their loss as you will be taking legal action against them to put you in the position you were in before they damaged your phone. 

It is important that you say in writing that you reject their specious allegation that it arrived damaged and the absurd suggestion that their images are of better quality. The meta data on your photos will show the date and the location (if Privacy location Services was on).

Inform them that you reserve your right to charge them for your time, I used £10 to read an email and for each attachment, with £25 for me to reply to an email.  I have claimed these in the County Court on the small claims track in the past as the Judge accepted they could be allowed under the fixed cost regime.  Normally legal costs are not allowed but your personal time if caused by their inaction or procrastination can be claimed, not every Judge will award it but don't ask don't get.

Also mention you will hold them responsible for any further depreciation if the dispute is protracted.

After 7 days or if they still refuse to provide a remedy that satisfies you then you ask them to return your property.  If they demand a fee or postage put in writing that you are paying it under duress and will be seeking recovery of said costs.

Then when you get it back, video the package in the Couriers hands to show the condition of the packaging, video you weighing the item in front of the Courier (have a scale or one of those belts with a digital scale ready by the door, video you opening the package and the condition it is returned in. 

Take the phone to a repair shop and ask for the cost of replacing the screen and any other damage they have caused, get a written quote from 3 places and use the average as your benchmark

Then you send them a formal letter before before action showing the chronology of events and offering a settlement for the 3rd party to make the repair, plus the additional out of pocket expenses you have suffered.  Explain that if they refuse to settle you will take the matter to the County Court and additional fixed costs and Court fee will be incurred and added to the claim.

If they don't pay you then file the claim on MoneyClaimsOnline, include all the legitimate costs I have outlined above, the Court fee will be around 5% but starting at £35 but you get that back if you win.

Most companies cave when they get the letter before action, if they don't they have to file a defence and the Judge will decide on the probabilities.