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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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where I stand with my issue ,

Resolved Question:

Hello wonder where I stand with my issue , I bought a blackberry playbook in December 2012 , it had a major problem with the charge port that kept being repaired in Currys . The technician at Currys said it needed to be returned to blackberry as it was a known blackberry fault and needed a new power socket , this was November 2013 , my playbook went to them for repair and came back with a smashed screen , after lots of arguing with them they admitted their fault and asked me to return it , this went back in December 2013 and was due to be returned by FedEx on the 8th jan 2014 , the driver left the parcel in the car park at the back of my house and when I called to see where my delivery was it became apparent the playbook had gone missing .... FedEx told me to contact blackberry and tell them of this which I did , blackberry have claimed for a brand new blackberry playbook from FedEx but are demanding I accept a reconditioned unit with the remainder of my warranty in tact , I think at least I should get a new unit as this is what they claimed for and the full 2 year warranty , where do I stand ? They have now given me until the 13th feb to accept the reconditioned nit and then they will send it anyway ..... But have blocked my email address replying to the email
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

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 as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Was it insured please?

Customer: No , it was covered by the carrier FedEx who paid blackberry for a brand new unit as they accept responsibility
Alex Watts :

Sadly you are not entitled to a new one. This is because your unit was not new or nearly new.

Alex Watts :

It was 12 months old

Alex Watts :

Therefore Fedex can either give you a portion of the new cost to replace it or replace it for a similar or same model but used.

Alex Watts :

But you are not entitled to a new one because it was not new

Customer: Even when they claimed for a new unit from the carrier ?
Alex Watts :

Oh I see.

Alex Watts :

In that case yes.

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?

Customer: FedEx have lready paid blackberry for a new unit
Alex Watts :

Then you should get a new one. They should not profit from the loss

Customer: Thank you this is what I have already stated to blackberry , they have this evening sent me an email saying I must accept the reconditioned unit by the 13th of feb by return email or they will send it anyway and close the case ..... Then blocked me from replying to the email
Alex Watts :

You should send it by recorded delivery

Customer: I will not get it to them before the deadline date they have given ?
Customer: I am in England and it has to go to Germany
Alex Watts :

Ah I see.

Alex Watts :

Then let the deadline expire

Customer: Then they will send a reconditioned unit and close the case
Alex Watts :

Then you can refuse to accept it.

Customer: lWe do apologize for the delay response.I do understand the frustration in regards XXXXX XXXXX issue. We would like to inform you that our process is to send you a replacement PlayBook on BlackBerry's Account and in regards XXXXX XXXXX warranty it will continue the warranty you have on your PlayBook.If we don't receive an approval from you to proceed with the Advance Exchange by February 13th, we will understand that you want to proceed with the Advance Exchange and we will send you the replacement PlayBook.
Customer: That is their mail
Alex Watts :

Yes but you dont have to accept it

Customer: Ok then I ll try that thank you ... Is there a way of copying this to email for my reference when writing to them ?
Alex Watts :

Once you leave feedback the format changes so you can copy and paste it.

Customer: Ok thank you , I do appreciate this was desperate for help, I only hope it works
Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer: Thank you take care and wish me luck
Alex Watts :

All the best!

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