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K, here's what happened:
Bought an Iphone in Boston in 2017. Thing did not properly work from the third month on. I work abroad most of the year, so I went into no less than five Apple stores all around the world to get help, and a replacement phone (Apple would not work with me to do this by mail, as there was a two week turnaround for a new phone to be sent out, and they would not offer me a substitute phone in the interim). Three stores did not have Genius appointments and could not help anyway as they did not have that version of the phone in stock. An appointment with a Genius in LA was delayed by Apple because of a new Iphone launch, and after 90 minutes in the store, past my appointment time, I walked out.
Finally, in Berlin, waited four hours on a wait list before they saw me Verified the phone was bollocked. Ordered another phone in. Then emailed to tell me it would not arrive in time before I left Germany. After I left, found out it had been there since the day before I left.
Bought a Samsung. This was nine months after the original Iphone purchase. Sent the old one back to Apple's legal department in the USA,demanding my money back. They emailed me, refusing to do anything and asking where to return the phone. I was in Argentina by this time. I found someone who would pay a substantial sum for it even though the battery was broken (Iphones are a deal more expensive in South America because of tariffs and taxes), and arranged for the phone to be sent to me in Buenos Aires. Was contacted by Fed-Ex to tell me Apple needed to arrange with customs to be given my information, passport number, etc. I was not allowed to do this myself. Only the sender.
Told Apple. They refused. Told them again, and recorded a call in which Fed-ex repeated me the above. Apple still refused then ignored me. Phone was destroyed three months later, by fed-Ex.
Took Apple to Court in San Diego for a refund of the phone cost. The Judge said that as Apple had offered to replace the phone, that was sufficient, but that I was due $300 in compensation for the messing around in the LA store.
Called Apple and asked for the replacement Iphone. They refused.
Took Apple to Court in the UK to get the replacement Iphone. Apple made an application to the Court for strike out, stating this was already dealt with in San Diego Court, and then they called me and offered me a refund! Accepted this verbally, but told them I had been pursuing the replacement phone, not a refund, as this is what the Judge in San Diego had said was sufficient. Suggested that whilst Apple were settling this matter, they might look at trying to sort out a further, separate issue with a new laptop.
Then they took TWO MONTHS to get the paperwork to me to finish accepting the offer. During this time they told me they were only interested in discussing this one issue and settlement thereof. I have proof of this from their system notes which were obtained as part of a DSAR.
Sent me the settlement agreement. I queried the wording, as it looked like they were trying to get the agreed amount to cover ALL outstanding complaints. They said it only referred to the current Court claim.
Waited for them to clarify why they had omitted the hearing fee from the final amount, as previously agreed, and in the meantime funds were spent on a much needed holiday.
They then came back and said they had made a mistake, it referred to settlement of ALL claims, despite telling me in the previous call it did not, and of course, I recorded this call.
I went ballistic, telling them I was sick of this and was holding them responsible for breaching the agreement and a holiday I was going to lose because they were refusing to pay what was agreed in settlement of the one current case.
So it proceeded to the application hearing in London Mayors Court.
Despite my giving dates when I was working abroad before the application hearing date was set (I was also on a flight at the precise time of the hearing and could also not attend by telephone), unavailable dates were given in my Directions Questionnaire, over the phone, via email, and despite chasing up an adjournment of the trial with London Mayors Court so much that I spent £300 on phonecalls to them in 15 calls from abroad, over these two months, because they currently have a 56 day delay in answering emails, and despite my liaising with staff at the Court directly, they completely failed to adjourn this hearing or do anything about it, asking for me to pay a £255 fee to make an application to adjourn. Money I simply did not have by that point. Shockingly useless, all of them. I was forced to make written submissions the day before the hearing after being led to believe it was being rearranged. I cannot stress enough the sheer amount of administrative cock-ups these staff made. Unbelievable.
The Judgement from that hearing is below. I received it on my return to the UK two days ago.
It appears I cannot make an application to appeal this, as there is no provision that I might do so "within 14 days of the service of this notice" ?
Of final note here, is that I took Apple to Court in the UK ten years ago. The entity I sued was exactly the same name as the one they then contested at the application hearing - 'Apple.' The transcript of the the hearing from ten years ago mentions no such contestation of entity name. Also, I was complaining ten years ago about a product bought in Brazil. They contested jurisdiction then, stating I should be in a Court room in Rio, and the Judge told them to do one, as I had a Worldwide Warranty. This is all in the transcript.
What can I do next? I am fuming!!!!
EDIT: Cannot attach the Judgment, so it is written below:
Before District Judge Lightman sitting at the County Court at Central London, Central London, R. C. J, Thomas More Building, Royal Courts Of Justice, Strand, London, WC2A 2LL.
Upon reading the Claim Form and reading numerous emails from the Claimant to the court including emails dated 21 August 2019 and 4 September 2019 And it appearing that:
a. the claimant seeks an order directing the Defendant to"replace [my] iPhone"; and
b. the court being concerned as to its power to order the Defendant to "replace" it; and
c. the Claimant having sued a legal entity that does not exist; and
d. the court being concerned that these proceedings are a duplication of proceedings already concluded in the USA; and e. in any event, it appears that this court has no jurisdiction (the jurisdiction being somewhere in the USA)
IT IS ORDERED THAT: 1. The request to adjourn be refused. 2. The action be struck out. 3. The name of the Defendant be corrected to show it as Apple Distribution International. 4. The Claimant do pay the Defendant's costs assessed at £1348.36 payable by 4pm on 18 September 2019.
Bought an Iphone in Boston in 2017. Thing did not properly work from the third month on. I work abroad most of the year, so I went into no less than five Apple stores all around the world to get help, and a replacement phone (Apple would not work with me to do this by mail, as there was a two week turnaround for a new phone to be sent out, and they would not offer me a substitute phone in the interim). Three stores did not have Genius appointments and could not help anyway as they did not have that version of the phone in stock. An appointment with a Genius in LA was delayed by Apple because of a new Iphone launch, and after 90 minutes in the store, past my appointment time, I walked out.
Finally, in Berlin, waited four hours on a wait list before they saw me Verified the phone was bollocked. Ordered another phone in. Then emailed to tell me it would not arrive in time before I left Germany. After I left, found out it had been there since the day before I left.
Bought a Samsung. This was nine months after the original Iphone purchase. Sent the old one back to Apple's legal department in the USA,demanding my money back. They emailed me, refusing to do anything and asking where to return the phone. I was in Argentina by this time. I found someone who would pay a substantial sum for it even though the battery was broken (Iphones are a deal more expensive in South America because of tariffs and taxes), and arranged for the phone to be sent to me in Buenos Aires. Was contacted by Fed-Ex to tell me Apple needed to arrange with customs to be given my information, passport number, etc. I was not allowed to do this myself. Only the sender.
Told Apple. They refused. Told them again, and recorded a call in which Fed-ex repeated me the above. Apple still refused then ignored me. Phone was destroyed three months later, by fed-Ex.
Took Apple to Court in San Diego for a refund of the phone cost. The Judge said that as Apple had offered to replace the phone, that was sufficient, but that I was due $300 in compensation for the messing around in the LA store.
Called Apple and asked for the replacement Iphone. They refused.
Took Apple to Court in the UK to get the replacement Iphone. Apple made an application to the Court for strike out, stating this was already dealt with in San Diego Court, and then they called me and offered me a refund! Accepted this verbally, but told them I had been pursuing the replacement phone, not a refund, as this is what the Judge in San Diego had said was sufficient. Suggested that whilst Apple were settling this matter, they might look at trying to sort out a further, separate issue with a new laptop.
Then they took TWO MONTHS to get the paperwork to me to finish accepting the offer. During this time they told me they were only interested in discussing this one issue and settlement thereof. I have proof of this from their system notes which were obtained as part of a DSAR.
Sent me the settlement agreement. I queried the wording, as it looked like they were trying to get the agreed amount to cover ALL outstanding complaints. They said it only referred to the current Court claim.
Waited for them to clarify why they had omitted the hearing fee from the final amount, as previously agreed, and in the meantime funds were spent on a much needed holiday.
They then came back and said they had made a mistake, it referred to settlement of ALL claims, despite telling me in the previous call it did not, and of course, I recorded this call.
I went ballistic, telling them I was sick of this and was holding them responsible for breaching the agreement and a holiday I was going to lose because they were refusing to pay what was agreed in settlement of the one current case.
So it proceeded to the application hearing in London Mayors Court.
Despite my giving dates when I was working abroad before the application hearing date was set (I was also on a flight at the precise time of the hearing and could also not attend by telephone), unavailable dates were given in my Directions Questionnaire, over the phone, via email, and despite chasing up an adjournment of the trial with London Mayors Court so much that I spent £300 on phonecalls to them in 15 calls from abroad, over these two months, because they currently have a 56 day delay in answering emails, and despite my liaising with staff at the Court directly, they completely failed to adjourn this hearing or do anything about it, asking for me to pay a £255 fee to make an application to adjourn. Money I simply did not have by that point. Shockingly useless, all of them. I was forced to make written submissions the day before the hearing after being led to believe it was being rearranged. I cannot stress enough the sheer amount of administrative cock-ups these staff made. Unbelievable.
The Judgement from that hearing is below. I received it on my return to the UK two days ago.
It appears I cannot make an application to appeal this, as there is no provision that I might do so "within 14 days of the service of this notice" ?
Of final note here, is that I took Apple to Court in the UK ten years ago. The entity I sued was exactly the same name as the one they then contested at the application hearing - 'Apple.' The transcript of the the hearing from ten years ago mentions no such contestation of entity name. Also, I was complaining ten years ago about a product bought in Brazil. They contested jurisdiction then, stating I should be in a Court room in Rio, and the Judge told them to do one, as I had a Worldwide Warranty. This is all in the transcript.
What can I do next? I am fuming!!!!
EDIT: Cannot attach the Judgment, so it is written below:
Before District Judge Lightman sitting at the County Court at Central London, Central London, R. C. J, Thomas More Building, Royal Courts Of Justice, Strand, London, WC2A 2LL.
Upon reading the Claim Form and reading numerous emails from the Claimant to the court including emails dated 21 August 2019 and 4 September 2019 And it appearing that:
a. the claimant seeks an order directing the Defendant to"replace [my] iPhone"; and
b. the court being concerned as to its power to order the Defendant to "replace" it; and
c. the Claimant having sued a legal entity that does not exist; and
d. the court being concerned that these proceedings are a duplication of proceedings already concluded in the USA; and e. in any event, it appears that this court has no jurisdiction (the jurisdiction being somewhere in the USA)
IT IS ORDERED THAT: 1. The request to adjourn be refused. 2. The action be struck out. 3. The name of the Defendant be corrected to show it as Apple Distribution International. 4. The Claimant do pay the Defendant's costs assessed at £1348.36 payable by 4pm on 18 September 2019.
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