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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Had an accident on Friday 3 Oct while on holiday in Hyde Heath,

Resolved Question:

Had an accident on Friday 3 Oct while on holiday in Hyde Heath, Amersham. Accident resulted in severe damage to my mobile phone, cracked and blank screen. Home insurance with SAGA underwritten by Legal & General claim handler company, BeValued in Essex. Phone collection eventually on Thursday 9th Oct to be taken to Powerplay Direct Ltd in Eastbourne. Phone was deemed repairable, great. BeValued said that the phone was to be repaired by a firm called GRS? I complained that it should be repaired only by Samsung otherwise the manufacturers warranty would be void; warranty still has until 31 Jul 15. BeValued refused to have it repaired other than by their own repairers. I think I should be entitled to have my phone returned to me repaired by Samsung approved repair centre with the warranty reinstated (I have already confirmed with Samsung that this would be the case if the phone had been repaired by Samsung). I have paid the insurance excess of £50 and the phone is being returned to me on Tuesday less its warranty. Do I have any hope of having my complaint upheld and getting the warranty reinstated? Thank you.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know whether the terms say it should be repaired by the manufacturer or they can use someone else?

Customer:

They tell me that they can use a repairer of their choice and L&G rep read this clause out to me on the phone. However I believe that the manufacturers warranty is an important part of the phone and as such should be maintained.

Alex Watts :

Why can't you pay the difference between their cost of repair and Samsung?

Alex Watts :

Are you saying that their repair will be below standard?

Customer:

1. I was not given the option of paying the difference to have repairs carried out by Samsung.

Alex Watts :

What do their terms say about repair though? Do you have those to hand?

Customer:

2. Having spoken to Samsung UK I was told that repairs carried out by non Samsung repairers will void the warranty. and yes I now have the SAGA terms in front of me.

Customer:

SAGA terms (cut n pasted)

If you suffer loss or damage to any of your contents, at our option we will either:
n repair (using a supplier approved by us); or
n pay the reasonable cost of repairing; or
n arrange for the replacement as new using a supplier approved by us. This may
involve the issue of vouchers or pre paid cards; or
n pay the reasonable cost of replacing as new; or
n make a cash payment for;
the loss or damage.

Alex Watts :

Ok - then its bad news.

Alex Watts :

You can't insist that Samsung repair it, because the policy does not state this. as long as it is a supplier approved by them then that is what you have to live with.

Alex Watts :

However saying that if the product develops a fault and Samsung wont repair you would be able to sue Legal and General for that warranty repair cost

Alex Watts :

But as it stands you can't insist on a repair by Samsung

Alex Watts :

But if it goes wrong get Legal and General to pay for it

Customer:

OK. As I suspected.

I now get the phone back minus its warranty.

Customer:

Thanks for your help.

Regards

Ed

Alex Watts :

Sadly yes. But then if it develops a fault you could sue for that repair cost - so you are no worse off

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

No. That's all I need.

Thank you.

Alex Watts :

Great. Can I help with anything else today for you?

Customer:

No.

Have a nice weekend.

Alex Watts :

Thank you and you too

Alex Watts :

If I could invite you to rate my service before you go today please - the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

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