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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 13805
Experience:  Solicitor
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Assistant: How can I help? I have a phone contract on the

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Hi
Assistant: Hello. How can I help?
Customer: I have a phone contract on the samsung upgrade scheme and they are refusing to end the contract for the phone that I returned because they have some trouble relocating the phone after they sent it between departments
Assistant: Where are you? It matters because laws vary by location.
Customer: Scotland
Assistant: What steps have you taken so far?
Customer: Been phoning customer services weekly for updates and they keep telling me to wait 24 to 48 hours and they never get back to me
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: It's been going on for nearly 6 months since I returned the phone
Customer: replied 9 days ago.
To.clarify I'm still paying for two contracts, the old phone and the new phone. They are saying that I used the wrong returns method and that is causing the delay but the returns methinks they gave me only had one returns envelope and sticker
Customer: replied 9 days ago.
Envelope*** methinks was a spell check error

Hello my name is Jamie and I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

How was it sent back? Do you have proof of receipt?

Customer: replied 9 days ago.
It was sent back via dpd
Customer: replied 9 days ago.
Unfortunately I dont have proof of reciept
Customer: replied 9 days ago.
But they did send me an ema saying that they have found the phone and were resolving the matter
Customer: replied 9 days ago.
That was a while ago
Customer: replied 9 days ago.
July 10th they sent me this


I appreciate your efforts in contacting us, and thank you for choosing Samsung. We have received an update from our internal team and as per advised that our trade-in department already received your old hand set, any charge for your old contact will be refunded back to your account. If you have any further question regarding your trade-in phone, we advise you to directly contact our trade-in department for further assistance, I have provided their contact number below

Ok. You still have that email?

Customer: replied 9 days ago.
Yeah all of them

Ok and they have since refused to refund, right?

Customer: replied 9 days ago.
There has been no direct refusal. Just they keep telling me that there is a delay and that they cannot refund until they have resolved the matter. They have never explained what the issue is because they say that the team that deal with it cannot give them that information. Only that the matter is being dealt with and that I need to wait for a response. A couple if times they mentioned uncertainty of where the phone is . Been like that since that email

You need to write a letter, set out your losses and request a refund within 30 days or say you will go to Court. This is called a pre-action protocol letter of claim. You should make sure you send this signed delivery and keep a copy. You must give 30 days warning before going to Court.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7and take it to your local County Court.

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.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value, you would need representation for trial.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. I am not paid for my time unless you rate. If you need anything further I am available for a follow up at no extra cost.

 

Customer: replied 9 days ago.
Ok cool that is the next step then. Is there anywhere I can get a template of that letter?
Customer: replied 9 days ago.
Also what is the costs for something like this, If I dont recieve a refund in that time and decide to go to court.

Yes you can look online, there probably are templates.

Court fees are added to the claim. You can find them here

https://www.gov.uk/make-court-claim-for-money/court-fees

Does that clarify?

Customer: replied 9 days ago.
Yes thank you for your assistance

Can I assist with anything else today?

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 9 days ago.
No thanks I'm happy to end the discussion and leave a rating

All the best. If I could invite you to rate me 5 stars before you go today by clicking the button at the top of the screen, so the site credits me for the time spent. I am only paid when you rate. if you need further help please click reply. Thanks in advance.