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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I took out a warranty cover with CWS Appliance Care,West Sussex

Resolved Question:

I took out a warranty cover with CWS Appliance Care,West Sussex in Nov.2012 to repare/replace white and electrical goods. I pay £30.49 per month by direct debit.In Jan. 2014 I had trouble with a TV and CWS deemed it non repairable. I was given a choice, by e-mail, and options regarding replacement. The print-off form was completed and returned 12.Feb. Getting in contact by 'phone is almost impossible. Other than the e-mail they have never contacted me.
With no futher contact by CWS I sent a letter to the Customer Services Manager on 23. April 2014. There has not been any acknowledgement in writing, by 'phone or by e-mail.
What can I do?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Have you checked if they have a complaints policy and if so have you tried to follow it?

Customer:

As far as I understand there is no complaints policy. The 'terms and conditions' has a contact procedure to write to the Customer Care Manager,CWS appliance Care Ltd.,17, Buckingham Road, Worthing,West Sussex BN11 1TH. tel. XXXXXXXXXXX This I did on 23rd April. Still no reply.

Ben Jones :

Thank you. Just a quick search reveals that they are a rather poorly-run company with plenty of negative reviews and unhappy customers so it appears you are just another in a long queue of complaints. The company itself is quite new (formed less than a year ago with a website only working since Nov 2013) so to have that many bad reviews in such a short period of time is never a good sign.


 


The company is run by a sole director named Vincent Saunders, who is also a director of several other companies, including a number of other domestic/appliance cover businesses (CML Appliance Cover Ltd, Domestic Cover UK Ltd and Domesticare UK Ltd).


 


From checking their website there is nothing to suggest a formal complaints procedure or any sort of contact information apart from their phone number so the T&Cs you have would appear to contain all that information. Assuming you have now followed what is expected of you, the next step is to consider how far you actually wish to take this.


 


The company’s breach to honour its contractual obligations to you would make it in breach of contract. You could therefore consider pursuing it for breach of contract and seek compensation for any losses incurred as a result. It is recommended that the process follows these steps:


 



  1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.

  2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

  3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.


 


Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.

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