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Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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I gave my iPhone 4 to An Internet cafe/ Electronic shop to

Resolved Question:

I gave my iPhone 4 to An Internet cafe/ Electronic shop to get it fixed . It wasn't in good working order. The Manager whom i dealt with told me come next week to pick it up.

I returned weeks later to retrieve the phone but the employees in the shop said they knew nothing about it and that i should wait for the manager. I tried again several weeks later and the situation was the same. No manager, just clueless employees.

I finally returned again today 25/05/2014 at 5.30pm and demanded my phone back. As usual the employees acted clueless and said they would call him and that he's probably on the train. They said he should be here within 30 minutes and obviously he didn't show up.

As i was dealing with the employee explaining how this situation is unjust , customers standing next to me overheard, and then asked for their phone back for fear of receiving a similar service. The employee got angry and shouted "LEAVE", YOU DONT KNOW ME" YOU DONT KNOW WHAT IL DO ". He approached the counter and grabbed me by the arm and shoulder. Thats when i told him to take it outside all of which was soon followed by the intervention of surrounding people trying to calm the situation. Apart from him grabbing me, there was no other physical contact. Police stated this matter would be my word against his therefore fighting it would be complicated especially as CCTV in the shop does not record sound.

I waited for 3 hours and no one showed. The employees tried to fool me and give me an iPhone 4 which belonged to someone else and was registered to someone else's Apple ID. At this stage, i called the police. They arrived and advised me that i should take this through to the Citizens advice bureau , Trading standards Borough and/or Westminster Council. I have taken photos of the IPHONE which they tried to fool me with for evidence and refused to accept it.

I Finally spoke with the Manager who informed me he was on holiday the whole time, he says he didn't know anything and that he has my original iPhone 4 still in the conditions which i gave it to him. After 4 months, offering my iPhone back in the exact same condition as he received it is unacceptable in my opinion. There has been no compensation offered, instead his last offer was to sell me a working replacement iPhone 4 at half price.

I hope you can give me some legal advice on how to proceed and on what grounds can they be held accountable for. Similarly, i would like some advice on the type of reasonable compensation which would suffice.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 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, 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 : What is the cost of your loss please?

To buy it new, it would cost me approximately £200.

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 signed delivery and keep a copy.
Alex Watts : If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: or by completing form N1 and take it to your local County Court.
Alex Watts : 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.
Alex Watts : 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.
Alex Watts : Can I clarify anything for you about this today please?

When you mention losses, do you mean only financial losses? If so the only loss would be my phone which they have offered back in the same condition. However, i lost 4 months of time and have had to purchase a new phone in the meantime. Similarly, the attempt to give me someone else's phone so i could leave must surely be illegal? considering the fact that if i took it i would of endangered myself of being accused of theft and or Fraud which would bring detremental


* be detremental to my record and future opportunities for jobs or anything of that matter



Alex Watts : You can add these losses in too.
Alex Watts : Does that clarify?



Thanks for your time

Alex Watts : No problem. If you can't rate my answer please let me know.

it s not letting me rate


You offered me a Good Service. thanks again

Expert:  Ash replied 2 years ago.
Try now!



Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience: Solicitor with 5+ years experience
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