Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Did you originally buy it from a shop second hand, if so when?
Alex Watts : Did you not insure the phone when you posted it?
No, I bought it from a person, not a shop. It was a new replacement and he forwarded the email from APPLE CARE confirming that. With all necessary details. I did not insure it because I was not informed to do so. I thought APPLE had everything ready for the phone to be posted. But the envelope they sent is not even trackable
Alex Watts : When did you buy it? Do you know this person? How did you pay for the phone?
End of May 2013
I know where this person is and where he lives but I don't know him personally. i paid cash
Alex Watts : So you paid £400 cash to someone you do not know and did not ask for a receipt?
I made sure the phone is ok and is not stolen and yes i paid cash and did not ask for receipt because he disnt have it
Alex Watts : Ok. Well potentially you have a claim against Apple because your contract is with them and under section 13 of the sale and supply of goods and services act 1982 they have to act with all reasonable skill and care.
Alex Watts : However they may defend it on the baiss that you should have insured it,
Alex Watts : The responsibility is with you to make sure it gets to Apple. You are repsonsible for the cost and making sure it was insured.
Alex Watts : So that is possible they may defend it
Alex Watts : You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.Can I clarify anything for you about this today please?
There was an instruction but it did not say anything about insurance. After that I sent my Samsung for screen replacement to my insurance company and they clearly stated that I should ensure it because they are not responsible for any damage or loss but APPLE did't say anything like that. To who should i write the letter? complain department
Alex Watts : Yes Apple Complaints.
Alex Watts : Hollyhill Industrial EstateHollyhill, CorkRepublic of Ireland
If you don't mind to tell how should I start this letter or what should i mention
Alex Watts : Just write and set out your position, say they did not say anything about insurance, it has been lost and they are under contract to resolve the problem.
Should I include copies of letters I received from royal mail and proof of usage from my network provider?
Alex Watts : Yes if you have that.
And last. Your honest opinion if I can win anything from that?
Alex Watts : I don't think you will because you didn't insure it.
Alex Watts : Or a judge may award 50%
Alex Watts : But it is worth a try.
Alex Watts : Please remember To leave feedback before you go today.l
But probably it will take ages till the Judge will have a look in my case. Am I right?
Alex Watts : if it is defended around 6 months.
ok. Thank you for your help. It was a good lesson for me. Better pay 100 pounds more but be sure
Alex Watts : Yes of course.
Alex Watts : Please remember to take a moment to leave feedback.