LETTER BEFORE ACTION Help

DefeatDsys

Hi all,

thank you for taking time to review this letter that I am planning to send to a supplier before procesdding tpo the court.

thaks in advance.

Dear Sir/Madam,

Order: Galaxy Z Fold3 5G 256GB (Black) – £503.49
Order date: 10/04/2025
Issue reported: 08/07/2025

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1. I purchased the above phone on 10/04/2025 for £503.49. Within three months it developed serious faults: rapid battery drain, excessive overheating, and a bowed/non-functional front screen.

2. On 08/07/2025, I submitted an online form reporting the faults. In accordance with your process, I sent the phone back using recorded delivery. I hold the postal receipt and tracking, which confirm delivery to you. also took a pitures of the phone and uplaod it to ur portal, also remove the gmail as u requred in ur process.

3. On 28/07/2025 I queried the status via your portal. Despite tracking confirming delivery, I was told you had not received it. After I supplied the receipt and delivery address, I was then informed that my return had been misdirected to your “trade-in” section due to the envelope used.

4. At the same time as purchasing the Galaxy Z Fold3, I had explored (but did not proceed with) a trade-in offer for an iPhone 13 128GB (my daughter phone). I received an envelope from you for that purpose but never accepted the trade-in.

5. You are now claiming that because my faulty Galaxy Z Fold3 was returned using the trade-in envelope, it has been treated as a trade-in item. You have also stated that a counter-offer of £25 (apparently linked to the iPhone 13 trade-in) applies to this return. I never accepted this counter-offer.

6. This position is wholly unacceptable. The phone I returned was the Galaxy Z Fold3 purchased from you for £503.49, not a trade-in. Misallocating my return to your trade-in department is an internal handling error and does not diminish or remove my statutory consumer rights.

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Legal Position

• The phone is not of satisfactory quality and not as described, contrary to Sections 9–11 of the Consumer Rights Act 2015.

• As the fault arose within the first six months, the presumption is that it existed at delivery (s.19).

• I am entitled to a repair or replacement within a reasonable time and without significant inconvenience (s.23). Given your handling failures, I am now exercising my final right to reject for a full refund (s.24).

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What I Require

Within 14 days of the date of this letter, I require:

1. A full refund of £503.49 or fully operational Galaxy Z Fold3 5G 256GB (Black)

If I do not receive a satisfactory response within 14 days, I will issue a claim in the County Court (Small Claims Track) without further notice. This claim will include:

• The refund amount;

• Court fees;

• Statutory interest under s.69 County Courts Act 1984.

I remain willing to resolve this matter amicably if you act promptly.

Yours faithfully,
[Your Full Name]

Attachments:

• Order confirmation/invoice (10/04/2025)

• Fault report submission (08/07/2025)

• Royal Mail/Carrier receipt & tracking (delivery confirmed)

• Portal/message screenshots (incl. 28/07/2025 query)

• Correspondence relating to the erroneous trade-in treatment and £25 counter-offer

PHK

Before sending, I would get some legal advice. The fact that you returned the phone to the trade-in company and not Samsung alters things significantly enough that I think you'll need advice. 

Personally, I would make the tone of any letter before action less aggressive. The courts are looking for both parties to try to resolve the matter and may draw adverse reference if you don't. So I would offer a more reasonable, conciliatory tone. 

DefeatDsys

Thanks for the review

they claim that I have used an evolope that I have been sent from the "trade in section" (which suppose to have (iPhone 13) to send the Galaxy Z Fold3 5G 256GB. 

not sure if that a clear from my letter ?

brianposter

What did your letter accompanying the original phone return say ?

the_lunatic_is_in_my_head

DefeatDsys said:

Thanks for the review

they claim that I have used an evolope that I have been sent from the "trade in section" (which suppose to have (iPhone 13) to send the Galaxy Z Fold3 5G 256GB. 

not sure if that a clear from my letter ?

I'm guessing you didn't use the trade in envelope or trade in address OP?

If not they'll have to come up with a different excuse, might get a more detailed look after they get the letter.

I'd remove the bolding then send the letter  

visidigi

So you have a purchased A (phone 1) from B (company)
You have a problem with A and so contact B for a return.
At the same time you query, via B the value of C (phone 2)
B sends you an envelope for C in case you wish to proceed with trade in.
You then use that envelope, presumably because its postage paid, to return A to B.
But B treats it as a return as its the envelope they sent you being returned to them (not unreasonable for them to assume).

So the two absolutely key question now are...

did you include a cover letter or anything? If you did what did it say.
did the envelope have anything other than the address on it, such as a transaction reference or anything that would have shown the envelop was tied to the trade in quote?

From what I can work out its you that decided to use the envelope they provided - is it because it was prepaid that you used it?

sheramber

DefeatDsys said:

Thanks for the review

they claim that I have used an evolope that I have been sent from the "trade in section" (which suppose to have (iPhone 13) to send the Galaxy Z Fold3 5G 256GB. 

not sure if that a clear from my letter ?

Did you? 

You haven’t said you didn’t.

If you didn’t  what did you send it in?

DefeatDsys

yes I have used the envelop that they have provided, (which based on what they say it should used for the trade in phone.

cant remeber if i I include any reference letter.   but it was abviose two different phone Iphone 13 vs Galaxy Z Fold3 5G 256GB

PHK

DefeatDsys said:

yes I have used the envelop that they have provided, (which based on what they say it should used for the trade in phone.

cant remeber if i I include any reference letter.   but it was abviose two different phone Iphone 13 vs Galaxy Z Fold3 5G 256GB

But the point is, the trade in doesn't go to the same place or company as repairs. Samsung repairs and Samsung trade-ins are handled by different companies on Samsung's behalf. If you use the wrong address then it's unlikely they'll even be able to forward to the correct address. 

Samsung uses TMT First and others to do in warranty and out of warranty repairs. Trade-ins are handled by Samsung and MTR Group. 



This is why you should seek actual advice on this case before sending. 

cmthephoenix

DefeatDsys said:

yes I have used the envelop that they have provided, (which based on what they say it should used for the trade in phone.

cant remeber if i I include any reference letter.   but it was abviose two different phone Iphone 13 vs Galaxy Z Fold3 5G 256GB

If you've used an envelope they've provided for a trade in and stuck a phone in and sent it to them then the trade in department would receive it and expect it to be a trade in or did you put the trade in envelope in another envelope with the correct address, repair reference number and repair documentation iin it?

Is the trade in department located at the same address as where you were instructed to send repairs to? If it's different (I think normally when I've done a trade in it's via a 3rd party) then what address does the royal mail receipt show you've sent it to - the repair address ot the trade in address?

What was the original offer of the trade in for the iphone?
How did they notify you of their counter offer?
Has the £25 been credited to your bank account?
All the trade ins I've ever done with samsung they've offered me a trade in value of a phone when I've purchased a new one, I've then sent off the phone I'm trading in and they've sent me the trade in money and that's that.
What I could imagine happening if that you've sent them a broken Galaxy Z in the trade in envelope, they've made you an offer of £25 for it and you've had x days to reject their offer.
*If* you've sent them a phone in a trade in envelope to the trade in department then my belief is the only terms that would be relevant are the trade in terms.

littleboo

If its the case that you have inadvertently posted your phone using the wrong envelope, which means it has been sent to the wrong address and entered the wrong process, surely you need to be leading with that in your correspondence? The first job is to try and reverse that error.