Whether/when to quote the CRA
Discussion
I am in a dispute with a phone/tablet mender. Short version is that the repair has failed 5 weeks in. The web site says 12 months warranty and the terms on the website say 12 months warranty. There is an exclusion for water damage being 1 month warranty.
The mender is now saying that the repair to the mainboard only has 1 month warranty and that the receipt says this.
My contention is that if I had been made aware before the repair, I wouldn't have done it - the 12 months was pivotal in deciding to spend £350 (yes!!).
I relied on the terms and conditions on their website saying 12 months.
Even if it was on the receipt (which I didn't get) that was post repair (and thus post contract agreement).
The question is whether there are specific terms in the CRA (or elsewhere) that support my case that I could also bring to bear?
I am looking for my money back.
Thanks
Bert
PS yes in retrospect I should have not done the repair
PPS I rate my chances of getting anywhere as pretty low, but I need to at least have a go.
The mender is now saying that the repair to the mainboard only has 1 month warranty and that the receipt says this.
My contention is that if I had been made aware before the repair, I wouldn't have done it - the 12 months was pivotal in deciding to spend £350 (yes!!).
I relied on the terms and conditions on their website saying 12 months.
Even if it was on the receipt (which I didn't get) that was post repair (and thus post contract agreement).
The question is whether there are specific terms in the CRA (or elsewhere) that support my case that I could also bring to bear?
I am looking for my money back.
Thanks
Bert
PS yes in retrospect I should have not done the repair
PPS I rate my chances of getting anywhere as pretty low, but I need to at least have a go.
BertBert said:
I am in a dispute with a phone/tablet mender. Short version is that the repair has failed 5 weeks in. The web site says 12 months warranty and the terms on the website say 12 months warranty. There is an exclusion for water damage being 1 month warranty.
The mender is now saying that the repair to the mainboard only has 1 month warranty and that the receipt says this.
My contention is that if I had been made aware before the repair, I wouldn't have done it - the 12 months was pivotal in deciding to spend £350 (yes!!).
I relied on the terms and conditions on their website saying 12 months.
Even if it was on the receipt (which I didn't get) that was post repair (and thus post contract agreement).
The question is whether there are specific terms in the CRA (or elsewhere) that support my case that I could also bring to bear?
I am looking for my money back.
Thanks
Bert
PS yes in retrospect I should have not done the repair
PPS I rate my chances of getting anywhere as pretty low, but I need to at least have a go.
Was the phone water damaged?The mender is now saying that the repair to the mainboard only has 1 month warranty and that the receipt says this.
My contention is that if I had been made aware before the repair, I wouldn't have done it - the 12 months was pivotal in deciding to spend £350 (yes!!).
I relied on the terms and conditions on their website saying 12 months.
Even if it was on the receipt (which I didn't get) that was post repair (and thus post contract agreement).
The question is whether there are specific terms in the CRA (or elsewhere) that support my case that I could also bring to bear?
I am looking for my money back.
Thanks
Bert
PS yes in retrospect I should have not done the repair
PPS I rate my chances of getting anywhere as pretty low, but I need to at least have a go.
Were you made aware of the 1 month warranty at point of purchasing the repair?
I would think that morally they should tell you that water damage has 1 month warranty.
£350 is ridiculous for repair you can usually replace 95% of phones for that cost!!
BertBert said:
I am in a dispute with a phone/tablet mender. Short version is that the repair has failed 5 weeks in. The web site says 12 months warranty and the terms on the website say 12 months warranty. There is an exclusion for water damage being 1 month warranty.
The mender is now saying that the repair to the mainboard only has 1 month warranty and that the receipt says this.
My contention is that if I had been made aware before the repair, I wouldn't have done it - the 12 months was pivotal in deciding to spend £350 (yes!!).
I relied on the terms and conditions on their website saying 12 months.
Even if it was on the receipt (which I didn't get) that was post repair (and thus post contract agreement).
The question is whether there are specific terms in the CRA (or elsewhere) that support my case that I could also bring to bear?
I am looking for my money back.
Thanks
Bert
PS yes in retrospect I should have not done the repair
PPS I rate my chances of getting anywhere as pretty low, but I need to at least have a go.
Did they provide a written quote with the 1 month warranty?The mender is now saying that the repair to the mainboard only has 1 month warranty and that the receipt says this.
My contention is that if I had been made aware before the repair, I wouldn't have done it - the 12 months was pivotal in deciding to spend £350 (yes!!).
I relied on the terms and conditions on their website saying 12 months.
Even if it was on the receipt (which I didn't get) that was post repair (and thus post contract agreement).
The question is whether there are specific terms in the CRA (or elsewhere) that support my case that I could also bring to bear?
I am looking for my money back.
Thanks
Bert
PS yes in retrospect I should have not done the repair
PPS I rate my chances of getting anywhere as pretty low, but I need to at least have a go.
If not have you informed them of the claims on the website, take screen shots as they may change it if you challenge it.
I would say my contract was formed based on the 12 months on the website and go from there.
Screen shot everything.
You can't be bound by a contract that is delivered after the fact (but was it in any quote).
Issue a "letter before action" giving them 7 working days to propose a resolution (being clear what you want - refund or a new repair), then consider issuing a claim via MCOL.
IANAL.
You can't be bound by a contract that is delivered after the fact (but was it in any quote).
Issue a "letter before action" giving them 7 working days to propose a resolution (being clear what you want - refund or a new repair), then consider issuing a claim via MCOL.
IANAL.
Thanks all for the thoughts so far. To clarify...
Not a phone - an old computing device that would be £1000+ to replace new.
There was an original price for the repair, then went up as the screen had also 'failed' when they took it apart. It was a hard choice when it was the first price. Then when the screen needed replacing too it was extremely hard (especially as we suspect they broke it getting it off). But we decided on balance for at least 12 months use it was worth it.
No written quote was given. All prices agreed verbally.
Terms were taken from their website (and are safely saved at home) which I had read before agreeing the repair.
My argument is strong although getting any money out of them will be hard I suspect.
It was just a case of whether there is any consumer law fitness for purpose and durability type stuff for a repair that I could add.
Bert
Not a phone - an old computing device that would be £1000+ to replace new.
There was an original price for the repair, then went up as the screen had also 'failed' when they took it apart. It was a hard choice when it was the first price. Then when the screen needed replacing too it was extremely hard (especially as we suspect they broke it getting it off). But we decided on balance for at least 12 months use it was worth it.
No written quote was given. All prices agreed verbally.
Terms were taken from their website (and are safely saved at home) which I had read before agreeing the repair.
My argument is strong although getting any money out of them will be hard I suspect.
It was just a case of whether there is any consumer law fitness for purpose and durability type stuff for a repair that I could add.
Bert
BertBert said:
The repairer confirmed that the replaced component has failed again which is what I am looking for a refund for.
I'm not sure under the CRA (or other contract law) that you are entitled to a refund of a component, when you have bought a repair service.Resolution could be refund of the service, maybe with some minor deduction for service time that it did work (vs warranty) (6 weeks from 52 weeks of warranty)
Personally I'd go for a part refund of the service that he performed based on the contract and issue a letter before action. Ask for £300, state that you are open to negotiation and settle at £250? If you then decided to go for MCOL you could show you have been reasonable.
IANAL, etc
vaud said:
I'm not sure under the CRA (or other contract law) that you are entitled to a refund of a component, when you have bought a repair service.
Resolution could be refund of the service, maybe with some minor deduction for service time that it did work (vs warranty) (6 weeks from 52 weeks of warranty)
Personally I'd go for a part refund of the service that he performed based on the contract and issue a letter before action. Ask for £300, state that you are open to negotiation and settle at £250? If you then decided to go for MCOL you could show you have been reasonable.
IANAL, etc
To be clear, my argument is that the repair failed, so I am back in the position with a broken thing exactly as it was apart from having paid out for the repair. My starting point is to just have the repair fee refunded (regardless of the makeup between components and labour). And in fact if he wants to reclaim the screen part, although that may have failed as well, he can actually have the device for spares. I have no use for it.Resolution could be refund of the service, maybe with some minor deduction for service time that it did work (vs warranty) (6 weeks from 52 weeks of warranty)
Personally I'd go for a part refund of the service that he performed based on the contract and issue a letter before action. Ask for £300, state that you are open to negotiation and settle at £250? If you then decided to go for MCOL you could show you have been reasonable.
IANAL, etc
If I can actually get any of my money back, I'll count it as a win. The major insult was that he effectively said to me that the repair they did had no chance of lasting which is why it only had a month's warranty. If I had had any inkling of that info, the device would have stayed dead!
Bert
BertBert said:
To be clear, my argument is that the repair failed, so I am back in the position with a broken thing exactly as it was apart from having paid out for the repair. My starting point is to just have the repair fee refunded (regardless of the makeup between components and labour). And in fact if he wants to reclaim the screen part, although that may have failed as well, he can actually have the device for spares. I have no use for it.
If I can actually get any of my money back, I'll count it as a win. The major insult was that he effectively said to me that the repair they did had no chance of lasting which is why it only had a month's warranty. If I had had any inkling of that info, the device would have stayed dead!
Bert
To be clear, I don't know the CRA in detail. I'm arguing practically that you don't need to quote the CRA. You bought a repair service on terms, he didn't meet those terms advertised, he has an opportunity to resolve or you will consider legal action but you are being super reasonable and giving him an opportunity to resolve before you do that. If I can actually get any of my money back, I'll count it as a win. The major insult was that he effectively said to me that the repair they did had no chance of lasting which is why it only had a month's warranty. If I had had any inkling of that info, the device would have stayed dead!
Bert
vaud said:
To be clear, I don't know the CRA in detail. I'm arguing practically that you don't need to quote the CRA. You bought a repair service on terms, he didn't meet those terms advertised, he has an opportunity to resolve or you will consider legal action but you are being super reasonable and giving him an opportunity to resolve before you do that.
Thanks, that was the essence of my question. Having written it down, I too think I have a clear argument without any CRA help.I still doubt I'll actually get anywhere, but I'll now start to be specific about my position and what I want, follow up in writing and then think about MCOL and probably put it down to experience!
Bert
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