Tweet
Hi All,
After a few months of trying to resolve a warranty repair with a company I have decided to issue a letter before claim and fully intend to pursue this.
The details are in the draft letter below. The imperfection in the screen that they have mentioned is so trivial that it is frankly ridiculous for them to claim that it invalidates the warranty IMHO (it is a area of less than a millimetre across, where there is slight discolouration or possible lifting of the screen).
I wonder if I could have your thoughts on the contents of the letter, please?
After a few months of trying to resolve a warranty repair with a company I have decided to issue a letter before claim and fully intend to pursue this.
The details are in the draft letter below. The imperfection in the screen that they have mentioned is so trivial that it is frankly ridiculous for them to claim that it invalidates the warranty IMHO (it is a area of less than a millimetre across, where there is slight discolouration or possible lifting of the screen).
I wonder if I could have your thoughts on the contents of the letter, please?
Dear Sir or Madam,
Re: [Device Name] - Serial Number XXXXXXX - Warranty Repair - Complaint Ref: XXXXXXX
I have previously written to you, regarding a requested repair to this phone under your 2 year warranty. Correspondence took place in numerous emails dated from XXX to XXX.
I asked you to resolve a problem with the battery drain, under the warranty. Having provided you with proof of purchase, you initially agreed to the repair and asked me to send the phone to you.
However, you subsequently denied my request to repair the device under the warranty. While not disputing the existence of the battery drain fault, you claim that it is not covered due to "customer abuse" and pointing out a very small imperfection on the screen.
I specifically asked you (while the phone was still in your possession) to investigate this and to explain how the very minor screen imperfection could cause the battery drain fault, but you have failed to provide any explanation whatsoever.
It is clear from the paperwork returned with the phone that no proper examination of the device has taken place, apart from an initial inspection, noting the very small defect on the screen.
I have asked you to suggest the most cost effective way in which this matter can be resolved, and you have told me that the only option is a repair at a cost to me, in excess of £230.
Under the terms of the warranty I am entitled to either a repair or a refurbished phone, along with a minimum warranty extension of 3 months.
As you have refused to repair or replace the phone and in an attempt to minimise any loss to me, I have looked into purchasing a refurbished phone. The cheapest that I have found, for the exact model, and with a future warranty of at least 3 month, would cost £168.76 - which is significantly less than your stated repair cost.
I therefore claim the amount of £168.76 from you, for breach of contract.
If I do not receive a satisfactory response from you within 14 days of the date of this letter, I intend to issue proceedings against you in the county court without further notice. This may increase your liability for costs.
I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules, and in particular to paragraph 13-16 which sets out the sanctions the court may impose if you fail to comply with the Practice Direction.
Yours Sincerely,
Re: [Device Name] - Serial Number XXXXXXX - Warranty Repair - Complaint Ref: XXXXXXX
I have previously written to you, regarding a requested repair to this phone under your 2 year warranty. Correspondence took place in numerous emails dated from XXX to XXX.
I asked you to resolve a problem with the battery drain, under the warranty. Having provided you with proof of purchase, you initially agreed to the repair and asked me to send the phone to you.
However, you subsequently denied my request to repair the device under the warranty. While not disputing the existence of the battery drain fault, you claim that it is not covered due to "customer abuse" and pointing out a very small imperfection on the screen.
I specifically asked you (while the phone was still in your possession) to investigate this and to explain how the very minor screen imperfection could cause the battery drain fault, but you have failed to provide any explanation whatsoever.
It is clear from the paperwork returned with the phone that no proper examination of the device has taken place, apart from an initial inspection, noting the very small defect on the screen.
I have asked you to suggest the most cost effective way in which this matter can be resolved, and you have told me that the only option is a repair at a cost to me, in excess of £230.
Under the terms of the warranty I am entitled to either a repair or a refurbished phone, along with a minimum warranty extension of 3 months.
As you have refused to repair or replace the phone and in an attempt to minimise any loss to me, I have looked into purchasing a refurbished phone. The cheapest that I have found, for the exact model, and with a future warranty of at least 3 month, would cost £168.76 - which is significantly less than your stated repair cost.
I therefore claim the amount of £168.76 from you, for breach of contract.
If I do not receive a satisfactory response from you within 14 days of the date of this letter, I intend to issue proceedings against you in the county court without further notice. This may increase your liability for costs.
I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules, and in particular to paragraph 13-16 which sets out the sanctions the court may impose if you fail to comply with the Practice Direction.
Yours Sincerely,
Comment