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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 29193
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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By the way, my phone is faulty and I need to put a claim

Customer Question

By the way, my phone is faulty and I need to put a claim through to my insurance (through my bank account) but they are asking for proof of purchase, which I don't have.The phone was gifted to me in 2019.With the failure to provide that (PoP); they asked for a proof of usage. However, my service provider is asking for proof of purchase before they can release the proof of usage....I am now back to square one, being passed from pillar to post?Please what can I do?
Submitted: 4 days ago.
Category: Law
Expert:  Virtual-mod replied 4 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Expert:  Joshua replied 4 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

I am very sorry to read of the above and I imagine how frustrating it must be. I will certainly try to clarify the position for you.

  1. May I confirm is you are able to contact the individual that gifted the phone to you and if so, whether they still have proof of purchase please?
  2. is the airtime account not in your name? if not, are you able to ask the individual whose name the account is in to contact the airtime provider on your behalf?
Customer: replied 3 days ago.
Thank you for your response.
The gift is 2yrs old hence, the receipt could not be found.The contract is in my name & address but the service provide are just being difficult because I didn’t buy the phone from them.Thanks
Expert:  Joshua replied 3 days ago.

Thank you. If the account is in your name, then they must provide you with evidence of use of the account. However this need not necessarily show the device that was being used to access the account and I am not certain what evidence would be required in this regard.

If proof of purchase cannot be located, or some other form of evidence adduced to show when the unit was bought - email receipt if bought online? - then you will not be able to enforce your consumer rights as regrettably this requires evidence of at least when an item was purchased and possible also who bought it depending on the wishes of the retailer in question.

It may be possible to make a claim under a guarantee though this also often requires evidence of proof of purchase which is likely to be the process you are working through now. You may need to implore the individual that bought the device to recheck their records to see if there is any evidence - an old credit card statement would do as the card issuer can obtain information as regards ***** ***** that was purchased.

Customer: replied 3 days ago.
thanks.....I will find a way of convincing them; having being a long standing and a good customer to both parties.
Expert:  Joshua replied 3 days ago.

I hope the above is of some assistance but if you have any further questions, please revert to me