Help - iPod not fixed and they won't refund!

Hondansx

New Member
Jun 4, 2014
1
0
0
I have been in a battle with a company for the last 5 months to get my son's iPod screen replaced. He only had it 5 days before he dropped it but 5 months on has still not been able to use it! The company did a bodge job and I was reluctant to send it back to them for the 3rd time as, after seeking advice from Apple and other repairers it was clear they were not going to be able to do a good job, and it was costing me fortune in P&P special delivery costs. Instead I have asked for a refund. I have written to them 3 times (twice recorded delivery) but they ignore my letters, phoned (do not discuss queries over the phone has to be done in writing) and emailed. I put to them that they were in breach of the Supply of Goods & Services Act 1982 and that I didn't consider they had taken reasonable care or skill to carry out the repairs that they were contractually obliged to do (all advice from CAB) with a view of maybe going to small claims court (the principle as my son is heartbroken that he still can't use the iPod). They ignore all my correspondence until 3 days after the warranty ran out then they reply stating that I had chosen not to return my device within the 90 day warranty period so I had in fact not kept up my side of the contract and no refund is due. They had clearly been waiting until this time. Aaaargh! Is it worth me taking it further do you think? Do they have me over a Barrel? CAB can't offer this kind of advice. I am furious that they have clearly been playing the waiting game by refusing to respond just so they could hit me with this!! Any advice greatly received! I am down over a £100 for the repairs that didn't happen, I still have an unresponsive iPod (which cost £250 only 5 days before it was broken) and a heartbroken son. The company have loads of bad reviews - Why didn't I look at then before I went ahead!!???
 

ALewis

Moderator
Nov 23, 2010
691
4
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South Wales
Hello,
Regardless of whether the item is returned within a warranty period or not is irrelevant as you are only required to give them notice of your intention to return within the warranty period.
If you have given them notice within your warranty period and due to no fault of your own have been unable to achieve a response to your notice, then you shall still be covered.
And don't forget - warranties are in addition to your statutory rights. Therefore if they want to play games and keep using warranty as an excuse, slap them right back :)
 

KimE

New Member
Nov 4, 2014
30
0
0
Hi

My name is Kim, I work on a daytime show at ITV, ‘Judge Rinder’. I’ve just come across you case on here and thought the programme may be of interest to you.

ITV are looking for people who would like to settle their disputes or claims in the second series of court show Judge Rinder.

If you are interested then please drop me a message with a brief description, or you can call me on 0161 952 0961

We look forward to hearing your case!

Many thanks, Kim
 

JohnMGonzalez

New Member
Jul 13, 2016
5
0
0
You can always pursue this if you want. I think they also waited for your warranty to expire. Sneaky! It will also be best if you gather all your correspondence as proof that you’ve tried to contact them a lot of times and they were the one who did not respond. This will help when you file a claim.