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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70179
Experience:  Over 5 years in practice
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My smartphone malfunctioning 2days after it was returned from

Customer Question

My smartphone malfunctioning 2days after it was returned from the manufacturer engineer for screen replacement. I returned it and they diagnosed severe internal injury and claim that isn't covers by the manufacturer warranty. They refuse to replace the phone. I claim that they are liable because they were the only one to open the phone and they is no evidence of dropping or extreme exposure to physical elements. I think that my only recourse is the courts, please advise.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to know about this please?
Customer: replied 3 years ago.

Should I take my case to a court of law?


A new phone brought in May 2013, the screen failed in July 2013 and the company replaced it then the phone started shutting off 2 days on returned then stopped working. The company refused to replace as stated before.

Expert:  Jo C. replied 3 years ago.
Has there been anything to damage it?

Customer: replied 3 years ago.

Not from my end and the manufacturer are not making a specific blame. They simply claim that the engineer report is severe physical damage and that isn't cover under the warranty so they refuse to engage or take into consideration that it could have occurred when they change the screen or just a faulty handset.

Expert:  Jo C. replied 3 years ago.
Thanks.

Ultimately you are right, if they refuse to pay there is no option but to sue them. There is no other way of enforcing against them. You can issue here

www.moneyclaim.gov.uk

but send them a letter before action warning them of your intention to sue if they do not pay withiin 28 days.

Maybe it will work. Maybe not. But its worth a try for the cost of a stamp.

Obviously whether it will succeed at court or not comes down to the merits of the case. They are probably alleging that you have caused damage in some way. Its difficult to see why that would be excluded from the warranty but if it is then it is and there's no way around that. They do need to establish that is the case though so its worth a run.

Hope this helps. Please let me know if you need more information.

Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Can I claim for loss of use and the distress of the ordeal?


If so, how much?

Expert:  Jo C. replied 3 years ago.
No, sorry.

You have a claim to the sum of your financial loss and no more.