there all good and freindly until u say i got no cash not many run no win no fee in this area

Hang in there s-o-t-m , im sure others will be able to give advice of benefit, just a bad time Saturday eve.

Just giving my own advice being a Law Student and in no way qualified to give that advice, so just an educated opinion.

As you purchased the phone only three weeks ago this will now come under the Consumer Rights Act 2015 and not the Sale of Goods Act 1979. It all changed on the 30 September 2015

Repeating my last question, why are you talking to Microsoft??

Your contract under the Consumer Rights Act 2015 is with the retailer Carphone Warehouse who sold you the phone.

http://www.legislation.gov.uk/ukpga/2015/15/contents/enacted

To have a contract Carphone Warehouse offered to sell you goods and/or a service which you accepted. That is called an 'Invitation to treat.' Consideration was then obtained and an intention to form legal relations when money was exchanged. Section 5 Consumer Rights Act 2015

Section 9(3) stipulates goods must be of sound quality and durable.

I have to stress again your rights are against the retailer being Carphone Warehouse, and not the manufacturer Microsoft.

Any manufacturer warranty is always in addition to your consumer rights. Your contract once again is with Carphone Warehouse, not the Manufacturer.

As the fault is within the first six months from purchase the law considers the fault to be from when you purchased the phone. The liability is on Carphone Warehouse to prove to the contrary, not you.

DO YOU STILL HAVE THE CHARGER IN YOUR POSSESSION FOR INDEPENDENT TESTING??

i would get the local Enviromental Health at the Local Authority or Trading Standards to do this as an objective independent source.

You will only be looking at quantifiable special damages from the court to put you into a position the same as before any breach. Unless ordered by the court general damages such as inconvinience caused will be made as a good will gesture for corporate sensitivity reasons rather than economic from the retailer/manufacturer

You need to contract a solicitor as this in my opinion is a simple claim for negligence from Carphone Warehouse in supplying a faulty product. As such it is simply to put you into a position before the breach occurred and any legal fees will be added to the court claim payable by Carphone Warehouse. So no win no fee is not applicable as no personal injury is involved.

The Consumer Rights Act 2015 is strict liability on the tortfeasor once breach of contract has been confirmed, they have no defence

Just my opinion anyway and not to be taken as legal advice

This is simply a contractual claim for a pecuniary loss under contract for negligence

I'm not a qualified legal professional (registered with a legal professional body) either,

but I don't think you are entirely correct.

The OP is better going after CPW, but that isn't their only option.

They can go after the manufacturer (or importer / 'own-brander' but not the retailer, if the manufacturer / importer / re-brander is known), under the Consumer Protection Act 1987.

Claim under SOGA (as amended) / CRA 2015 are usually preferable, as this covers more loss (including pure economic loss of the product/ consequent loss to business property), but CPA 1987 is available as well (although the OP can only recover once, not for the same areas from both routes).

CPA 1987 becomes preferable for affected persons other than the purchaser (anyone suffering 'damage' can use this route), where the retailer is impecunious / no longer exists to be pursued or where negligence may well not be proven (as all that is required is that the product caused the damage, not that there was any fault or carelessness of the defendant).

latest update.

we are in contact with microsoft who produce the nokia phone

they have sent a fire investigator around he was from burgoynes .

he took photos of all the property

even areas that was not affected

was rather un helpfull

cant tell us nothing as it breaches client confidentiality .

he said he would take the charger with him in his evidence bag and not use it or examine it without full authority from myself or my agent.

they have Thursday e mailed me stating they are going to x ray the charger this will take place on 12/12/16 .

i was invited but they wont provide me with an address or time to view this examination.

i have requsted the charger back to allow an independent investigation to take place

this has been done by e mail but just ignored.

as for carphone warehouse

they are being told by microsoft on what to do

so car phone warehouse refuse to settle until microsoft complete their investigations .

my continued harrassment of carphone warehouse they refer it to microsoft.

if i had the cash here i would put this work right myself

but the stress this is causing us family and children living in 1 bedroom not a joke at all.

please understand why im so bitter and twisted and at the end of my tether

Oh no!

You gave them the charger?!?!?!

I hope that in the fire brigade report it is described as a Nokia Lumia phone charger and not just as a phone charger.

This complicates the matter, let's see how bent Microsoft is...

i do have a picture on my phone of the charger and states it is a microsoft charger i do have an agreement from burgoynes i xxx of burgoynes agree to keep the remains of the 4 way extension lead with 2 mobile phone chargers in secure storage and to undertake no destructive examinations of the said items without giving prior notice and seeking permission from mr parry or his assigned representatives.please quote ref no 597956/ljw signed 2/12/16 .

what cover and protection does that give to me i assume the document is legal between us both.i have e mailed this guy and asked for the equipment back but to date he has ignored my request also but sent the e mail to microsoft .also sent them a recorded delivery letter

i do understand he forwarded this to microsoft to date nothing helpfull has come out putting the ball in motion to confirm that trading standards need to be involved fire report confirms a phone charger was the cause of the fire

SRX1364411441ID - Nokia 130 Charger Issue

MS

Microsoft Customer Support

Reply|

Fri 09/12, 18:01

You

You replied on 10/12/2016 08:43.

Service Request ......

Hi Mr ......,

I attempted to call you today, as my previous email stated, but unfortunately was only able to leave you a voice message.

If there is a better time we can speak please let me know and I will arrange that.

Microsoft is eager to find out what caused this distressing incident and as quickly as possible.

One of the fastest methods of examining the charger without necessitating any physical opening or destruction would be to x-ray it.

This would allow us all a better understanding of the condition of the internal components of the charger and an initial indication of whether they led to the fire’s occurrence.

Microsoft is happy to pay for the x-ray and you and your representatives are welcome to attend if you wish.

We want to make every effort to demonstrate to you that Microsoft wishes to conduct a joint investigation with you in a fair, open and thorough manner.

Please understand that Microsoft is committed to thoroughly investigating product safety claims involving its products, and an x-ray examination of this charger is very important to address your report.

arry

C

CEOEscalations

Reply|

Wed 07/12, 15:46

You;

FSEscalations ([email protected])

You replied on 09/12/2016 15:55.

Dear Mr Parry,

As per our conversation, please send us all the correspondence from Microsoft.

Kind regards,

Daniel

Description: Description: cid:[email protected]

Ok, looks like that there's no argument about being a Microsoft charger.

Some question:, didn't the charger melt in the fire?

What about the other charger that was plugged in the same extension lead?

Is it damaged/melted?

Did the fire start at the wall socket or at the charger?

Is the lead ce or bs marked?

Can you please point out what made you think that it was the Microsoft charger causing the fire and not the other one?

Just wonder how much they can mud the waters.

Does the Fire Brigades Report not include detailed pictures?

how can i attach photos to this post from my computer please

im Hewson

Reply|

Fri 09/12, 13:54

You

Photos

This sender failed our fraud detection checks and may not be who they appear to be.

Good Afternoon,

Thank you for your email regarding a fire report extract we can accept cash regarding the fee, once we have received the fee I will run the report.

Please if you could leave the fee at reception in an envelope addresses to:-

Humberside Fire and Rescue Service

Organisational Intelligence Unit

Summergroves Way

Hull

HU4 7BB

Description: Description: Description: Description: Description: Description: Description: logo for signature

Kim Hewson

IRS Administrator

Organisational Intelligence Unit

Humberside Fire and Rescue Service

T:01482 565333 Ext: 7475

E:[email protected]

W:http://www.humbersidefire.gov.uk

Description: Description: Description: Description: Description: Description: Description: Description: G:\facebook icon half size.png

Description: Description: Description: Description: Description: Description: Description: Description: G:\twitter logo with texthalf size.png

Description: Description: Description: Humberside Fire and Rescue Service - Email Strapline

As long as you have photos too.

the charger seems to have over heated from the inside

in gold writing on the side of the charger is states microsoft mobile

it has in big letters c e circled V model ac -18x output DC 5 V INPUT AC100-240 V

SAFETY MARK ABOVE THIS PHIHONG-J

no damage to wall socket

no damage to 4 way adapter

no damage to i phone charger

just to the microsoft charger.

the charger seems to have over heated from the inside in gold writing on the side of the charger is states microsoft mobile it has in big letters c e circled V model ac -18x output DC 5 V INPUT AC100-240 V SAFETY MARK ABOVE THIS PHIHONG-J no damage to wall socket no damage to 4 way adapter no damage to i phone charger just to the microsoft charger.

Ok, It's the same one I've got.

Good thing is that there's no damage to wall socket, extension lead and other charger, so very difficult to dispute that there's a problem with the Microsoft charger.

BTW, to show us the picture you need to upload it online on sites like imageshack or Photobucket

[quote=king12345;4977892

BTW, to show us the picture you need to upload it online on sites like imageshack or Photobucket

No need to use a host...upload it direct through " Go advanced "

Andy

please find these are the pictures of the charger that burst into flames

some more images of the damage in the bedroom also a few more pictures of the charger hopes this helps regard my case also any claim or advice you can give please

pix.pdf

Thats bad.....Im sure Watchdog would be interested in your case.

It would be difficult to say that it wasn't the charger catching fire.

Those pictures speak for themselves and as said it's only a matter of time until Microsoft pays up.

If you need the room cleaned up and redecorated but you don't have cash, use a credit card and make Microsoft and car phone warehouse know that you can't wait anymore and you will be asking for cc interests as well.

SRX1364411441ID - Nokia 130 Charger Issue

MS

Microsoft Customer Support

Reply|

Yesterday, 21:37

You

You forwarded this message on 13/12/2016 08:50

Service Request 1364411441

Hello Mr. Parry,

In response to your last email to me, I can confirm that Dr. Ward has made enquiries with Pudsey Test & Inspection Ltd, Battye Street, Bradford, West Yorkshire BD4 8AG to conduct the independent X-ray analysis. This vendor is accredited by The British Institute of Non-Destructive Testing (ISO9001, BI NDT). As I advised in my previous email, Microsoft would welcome your attendance so that the investigation can be undertaken jointly. If you are agreeable to having the charger X-rayed at the above vendor, then I would be grateful if you could provide me with dates upon which you could attend so that Microsoft can schedule the X-ray analysis as soon as possible. I can confirm that Microsoft will pay your reasonable travel expenses to attend, provided receipts are produced.

I look forward to hearing from you,

Eric

Other expenses, time off work or loss of income for any attendance.

Surely, unless you are an expert on electrical products and tests done after they have caught fire, you would not know whether x-raying would be a correct approach or not. It might not be the accepted way of conducting such analysis after a fire. I wonder whether Trading Standards had a view on what is happening here ?

Are they trying to evidence that the charger did not melt due to an internal component failure and the charger overheated as it was covered up by something e.g clothing left on top of charger ?. If this was so, would there not be external debris from whatever was covering the charger at the time.

they are attempting to prove the charger was not at fault here .i have requested the charger ect is returned to myself .it is my property i have fully paid for this.but they seem to be ignoring my recorded delivery letters carphone warehouse are being advised by microsoft to the outcome of microsofts investigations. so we have carphone warehouse doing and having little involvement in this matter .being helpfull not at all .kinda of microsoft calling the shots and carphone warehouse following the leader.enough is enough here i need to move this forward here need to bring back some normality to my childrens lives .

they are attempting to prove the charger was not at fault here .i have requested the charger ect is returned to myself .it is my property i have fully paid for this.but they seem to be ignoring my recorded delivery letters carphone warehouse are being advised by microsoft to the outcome of microsofts investigations. so we have carphone warehouse doing and having little involvement in this matter .being helpfull not at all .kinda of microsoft calling the shots and carphone warehouse following the leader.enough is enough here i need to move this forward here need to bring back some normality to my childrens lives .

I don't think Microsoft would try to blame you when it's so evident that the fire started at their charger.

I think they're just following their own protocol.

As said, it would be crazy not to pay £3k and having to potentially recall all Nokia chargers and also lose potential sales.

Your pictures speak for themselves, you don't need to be an expert to know what happened and all of it is supported by the fire brigade report, they are the true independent experts.

This Mickey Mouse company x-raying the charger are paid by Microsoft, so their say is biased.

In any case, I don't think they'll make a false report just to please Microsoft, they need to maintain some sort of credibility.

Go with the flow, they'll pay up eventually when they finish their box ticking process.

If they don't return the charger to you, you'll have one more reason to highlight their wrongdoing.

I bet this will never end up in court, it will be slow, but they will compensate you.

Christmas ruined though King12345, a christmas that cannot be got back. Who knows if the kids will be over the magic of christmas by this time next year, and all because Microsoft& CarphoneCowboys are deliberately dragging their heels.

christmas ruined kids fed up living in 1 bedroom state we as parents not doing anything as well not even got decorations up .we have asked carphone warehouse if they can assist us by putting the bedroom back to normal they continue to ignore our e mails .