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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46222
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Camera repaired over a year ago was returned with more fau

Customer Question

Camera repaired over a year ago was returned with more faults.
Submitted: 10 months ago.
Category: Law
Expert:  Ben Jones replied 10 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Expert:  Ben Jones replied 10 months ago.
Please can you tell me how long the warranty is for?
Customer: replied 10 months ago.
Out of warranty. Camera initially dropped and damaged. That fault rectified and paid for but it was returned with ongoing and seemingly unresolvable additional faults. I have been lent an interim camera meantime but that itself has similar faults. They have offered me a similarly aged camera in final resolution. My main grievance is that it has taken over a year to get to this stage. I feel that I ought to be offered a new camera or at least some proportion of the original repair costs in compensation.
Expert:  Ben Jones replied 10 months ago.
OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 10 months ago.
Many thanks for your patience. You are highly unlikely to be able to get a new camera from them. At best you are looking at getting some compensation for the poor workmanship in fixing the camera in the first place or compensation for the faults that have been created instead. When you gave them the camera it was a used camera which was out of warranty so you cannot be placed in a better position you were in at the time by asking for a new camera. So some compensation based on the value you paid for the repair or to cover the costs of a repair to fix the faults that were created after they worked on it is probably the best you can expect here. This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow to commence the process of a compensation claim, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Customer: replied 10 months ago.
Compensation for poor workmanship for the new faults that have been created would be great. More detailed advice of the steps to follow to commence the process of a compensation claim would be very helpful.The original repair bill for my self inflicted damage was almost £500-00. This probably has little bearing on what the costs for the new repairs, which they do not admit exist, even although it has been proven by their UK technician (but not the German parent company where the cameras are sent for repair and service). The camera is presently inoperable.Thank you.
Expert:  Ben Jones replied 10 months ago.
If possible you need to get n estimate of how much it would be to repair the new faults and work from that. If you would kindly leave your rating please then I can continue with the next steps. Many thanks
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46222
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 10 months ago.
I just added further comments...
Expert:  Ben Jones replied 10 months ago.
Many thanks. Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. 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 party at fault to voluntarily settle this matter. 2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably 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 pursue the compensation due. 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 other side 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.
Customer: replied 10 months ago.
Given that I said that I would pick up the replacement camera being offered tomorrow (which could be postponed) does that have any bearing on any further actions I might take as you have suggested?
Expert:  Ben Jones replied 10 months ago.
No as long as this is a temporary replacement. If this is intended as a permanent one then you could be giving up your rights by accepting it so clarify it is just temporary before getting it
Customer: replied 10 months ago.
I have emailed them to say just that, the offered replacement is temporary (at least until it is proven fault free and reliable, which may take some time). Do you have templates for 'Reminder letter' and 'Letter before action'? Thank you.
Expert:  Ben Jones replied 10 months ago.
I don't personally but there are plenty around, a quick Google search for these will bring out plenty of results. Once you have prepared these I am more than happy to check them before sending, although it will be treated as a separate question which you need to post on here. Should you decide to do so then please start it with my name and it will get to me. Thank you

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