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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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I sent my daughters iPod to a repair service to have the button

Customer Question

I sent my daughter's iPod to a repair service to have the button fixed. I wrapped it in bubble-wrap and put it in a 'jiffy' bag (also bubble wrapped) and handed it to the courier chosen by the repair company, for which I paid £15. The repairer is now (after almost 4 weeks) claiming that it arrived damaged and he believes it was damaged when I sent it. I have tried calling to discuss, I have left my phone number and email address but after almost 4 weeks I appear to be getting no-where. I cant even get him to tell me what he proposes to do, it is as if he intends to hold onto it until I agree to pay for a repair that I didnt need when I sent it. What are my options please?
Submitted: 4 years ago.
Category: Law
Expert:  UK-Justice replied 4 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

Did he sign the delivery document as not examined?
Customer: replied 4 years ago.

Please find attached scans of the collection note - FedEx collected on behalf of the company - GamerTech. Thanks FRont of collection And Rear


Expert:  UK-Justice replied 4 years ago.
You should write and ask for it to be repaired and returned within 14 days or say you will go to Court.

If he refuses then you can do one of two things:

1) Pay for the repair to get it back and then sue, or

2) Issue proceedings now and ask for a Court order that he repairs it

Either way you can issue a claim online at: www.moneyclaim.gov.uk - you will have to pay a fee but this will be added to the claim.

If the claim is below £5000 it will be a small claim and you wont need a Solicitor.

Option 1) above is far quicker and gets your Ipad back but you have to pay first

Option 2) is slower but you only pay for the work you planned to have done.

You will be surprised how quick matters are resolved once proceedings are issued.

I hope this helps.



Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 4 years ago.

Very many thanks for this swift answer, I have to admit I had my doubts about using an on-line service for this kind of enquiry but you have convinced me to make it my first stop should I require assistance in future. Site now bookmarked!

Expert:  UK-Justice replied 4 years ago.
Welcome.

Please remember to ask for me next time so I can help.

Also remember to give me a great answer - thanks!



Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
UK-Justice and other Law Specialists are ready to help you
Expert:  UK-Justice replied 4 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice
Customer: replied 4 years ago.

It is a little early to say - I sent the ultimatum (return it within 14 days or I will take him to court) on Friday; as of today I have heard nothing (no surprise there on previous experience). I had a look at the link you sent - I assume that if he does nothing by 14 days I simply file a claim via the website? As he will by then have had the iPod for 2 months with no sign of returning it could I simply sue for a replacement and put that value down on the claim form? I am hoping that he will see sense - the cost of the repair kit is about £18 retail so I assume he gets them cheaper - just fixing it and sending it back would appear the simple option but it is difficult to gauge when he refuses to engage in any meaningful way. I suspect it will either be resolved next week when he has had time to think about it or it will go to the full 2 weeks and I will have to claim against him.

Expert:  UK-Justice replied 4 years ago.
OK thanks for the update.
Customer: replied 4 years ago.

Just to let you know, on the day of the deadline I received an email saying that the company would repair the iPod free of charge (the damage has now escalated from the "cracked screen" that they originally stated to "a smashed screen and bent back plate"). They have said it will take 5-10 working days to fix. I asked for an update after 5 and they say it will be done by the end of the stated time. That is next Friday so we'll see then if it's true or just a stalling tactic.


 

Expert:  UK-Justice replied 4 years ago.
Yes I agree......
Customer: replied 4 years ago.

iPod arrived yesterday - day 10 of the 5 to 10 day window but it is fixed and in one piece. Daughter v happy. Thanks for your help - it is the first time I have ever come close to considering legal action but if it happens again I know where I will go first!


Regards

Expert:  UK-Justice replied 4 years ago.
Ok