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Really need help :(

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Hi guys

 

I won't ramble on too much so I will make it short.

 

Item: DSLR

Bought at: Currys

Whatever happens: 5 Years

 

Whilst walking down the stairs I was carrying my laptop, DSLR and some bin bags to take to the trash area outside my halls of residence. I sort of lost balance and the laptop and DSLR went tumbling down the stairs. It was in a plastic carrier bag tied at the end, i was only popping to a friend's house close by so I didn't want to carry a HUGE bag. The laptop and DSLR got badly damaged as I believe both collided into one another.

 

Damage: The zoom function on the lens is jammed, pop-up flash is dislocated, screen smashed (not the actually screen but the plastic covering it), mirror inside got smashed.

 

Sent off for it to get repaired. The DSLR was returned to me a week later stating that it was non-accidental damage. I wrote to a Gary Perryment to state that I was unhappy with the outcome and that it was a genuine mishap. Today, I received a call from an investigator questioning me about it, I described what had happened, etc. At the end of the call, he said that he has REFUSED this claim and I will be receiving a letter from Gary Perryment regarding this.

 

I do not know what to do. Should I write back? Should I get external help?

 

Some other things to take into consideration:

 

- I worked at Currys about 4 years ago for about 1 year before having to leave for University.

- I bought Whateverhappens on almost of all my products as I believed that it was an awesome insurance.

- I have claimed on an iPod Touch which stopped working after 3 years. A HP laptop which was knocked off me by my cousin.

 

The investigator asked me:

 

- was the floor carpeted (yes, but it is a for students so its not exactly soft)

- Length of stairs (Normal)

- What did it hit on the way down? (Hard floor and a wall)

- Did I work for DSGI? (Yes, 4 years ago)

- What do I do now? (Student, part time retail assistant)

 

Please can someone shed me some light? :( - I am feel powerless, I don't have the money to buy a new one! I never had trouble with the service before! :(

 

Thanks

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hang on you got a CALL from an investigator????

 

they cannot make that sort of decision over the phone. it simply defies beleif

 

when you receave this letter write back.

 

advise them that if they are unhappy with the facts of the accident then you either require them to carry out a FULL investigation which may include sending an investigator out to the scene, or to repair or replace the item in question

 

include a point about the questions the investigater asked being irrelevent (yes i DID say IRRELLAVENT) to the incident

 

is the floor carpeted is not relevent as although it may provide minor scratch protection it does not cusion against a drop it is the underlaying floor make, which for halls of resident stairs would most likely be steel re-inforced concrete.

 

length of stairs does not matter for the simple fact that they haven ot asked where down the stairs the items were dropped, they dont know if it was dropped from the top step or bottom making knowing the lenth pointless.

 

what the item hit is about the only one that is actually useful.

 

the other two questions i would have told them to mind their own business on, although being a student might put you in a higher risk insurance area this should only be applied for taking premiums not to determine weither an accident was genuine.

 

i would add the ussual ending paragraph giving 14 days to respond with an answer to all the issues above or you will issue a N1 for your local county court, this can be done online costs very little and you can claim the cost back when you win (ussually with pcworld they never turn up). oh and remind them that your local paper ussually covers court cases


Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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thanks for your opinion labrat :) I really appreciate it. The silly thing is that I got a call today (before the investigator) that my laptop had been written off and replacement vouchers will be issued within 7 days :S - so my laptop is an accident but the DSLR is damaged on purpose? - Separate companies do carry out the repair though :S

 

I checked the number the investigator called me from and its in Wakefield. I live in Cardiff... that's about a four hour difference!

 

He said that it is inconsistent. Meaning that there is NO WAY the damage was done by tumbling down the stairs with my laptop as he stated that he has testers who throw products about, run them over with cars, etc etc. So in other words, he indirectly called me a liar :(

 

I think I will have to write back. I will be going on holiday in August, then off to Japan for my year abroad studies so I really hope this doesn't drag out too long :(

 

Thanks

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thanks for your opinion labrat :) I really appreciate it. The silly thing is that I got a call today (before the investigator) that my laptop had been written off and replacement vouchers will be issued within 7 days :S - so my laptop is an accident but the DSLR is damaged on purpose? - Separate companies do carry out the repair though :S

 

I checked the number the investigator called me from and its in Wakefield. I live in Cardiff... that's about a four hour difference!

 

He said that it is inconsistent. Meaning that there is NO WAY the damage was done by tumbling down the stairs with my laptop as he stated that he has testers who throw products about, run them over with cars, etc etc. So in other words, he indirectly called me a liar :(

 

I think I will have to write back. I will be going on holiday in August, then off to Japan for my year abroad studies so I really hope this doesn't drag out too long :(

 

Thanks

 

I find it quite offensive that they asked if you worked for the company. I mean are they saying employees are more or less trustworthy than the general public? I agree with labrat (as usual) you should write to them letting them know that the questions were almost totaly irrelivent and hardly amount to an "investigation". Remember, recorded delivery and keep a copy of the letter for yourself.


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I will update you guys when I receive the letter :) - when I rang, they said that the letter will contain the necessary info if I want to chase it up.

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special testers that throw laptops etc arround??

 

ive seen it done ONCE...

 

in which a laptop that claimed it had fallen onto concrete which was in over 5 peices was under discussion, an identical model was taken out back, carried to the top of a step ladder, thrown into the air and allowed to hit the carpark. damage done nothing like the one that had been rejected.

 

seen one kicked accross the room as well but that was just a fit of rage


Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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The thing is though, if it fell then that's what happened. I mean, each test will yield different results, so unless they want to go dropping a couple of grands worth of equipment just for the sake of proving me wrong then go ahead.

 

I just can't see why they can't accept the fact that the impact jammed the zooming function of the DSLR, the impact of the lens going into the camera must have cracked the mirror inside (I don't see how else it would have cracked it).

 

In a way it does look like its been through hell but if that is what's happened then that's what has happened. I would be more than happy for them to come and see for themselves. How do you think I should go about asking them to prove it? :S

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Replied to your message with some further details peooboon.

 

Chris

Tech Guys

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What they should be interested in more than anything is the carpet. Is it fixed firmly to the stairs and properly maintained. Other than that those questions were an intrusion and as said irrelevent.

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it is maintained but there are metal railings on the side of the stairs (nothing fancy as it is just student halls) and also the stairs have that metal piece on the start of each step to help prevent wear and tear if you get me?

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UPDATE: The repair company firstly approved my claim on my laptop but today I received a letter stating that it now considered Non accidental. When I enquired why they changed their minds, they said that Gary Perryment (The person in charge of claims) declined it. I am guessing because my DSLR was declined, he has now decided to decline my laptop too.

 

This is really stressful as I really need the laptop as it is the exam period! I need it for assignments and revision. Argh... I am really stressed out atm. If it was non-accidental, why would I break it during my exam period!?

 

Also, instead of writing a letter of anger. I have decided to leave the court action until the next letter. My first letter will explain to Gary perryment that I still disagree with the decision and the fact that I need the laptop during the exam period. I also explained that if it was non-accidental, why would I choose the exam period?

 

I will await his response to this letter before notifying that I will be submitting the N1 form to the small claims court.

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Also mention that you don't appreciate being called a liar and that you were there and he wasn't.

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Thanks for your input Conniff. The investigator didn't really call me a liar directly, it was if he was making me out as a liar if you understand me? Like he asked me how did it break etc... I answered him and his response was 'but the fact is, we have tested put these products through various tests...'

 

Plus the overall tone wasn't very nice. :(

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to be honest the flash damage is fairly standered id guess its a flap up one.

 

ive dropped a compact sx110 before which also has the flash. it was only a small drop (off top of pushchair onto pavement), this damaged the flash, and the lens causing issues zooming, due to a slight dent to the casing pushing on the lens

 

this doesnt sound too mcuh differnt appart from the higher drop and bounce.

 

ive a feeling one of the reasons they are being moody is (and this is in their probably words not mine) "the item was being transported while not properly protected with padding"

 

you can always try asking for a copy of the coverplan report under the data protection act it would be nice to see if ive guessed right.


Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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thanks for your input labrat. I will ask for it, also do you think its a good idea to write:

 

Please carry out a full investigation to prove that it was non accidental damage and prove that the damage was caused intentionally.

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UPDATE:

 

I've recieved a letter from Mr Perryment saying that the claim has been rejected. The following items are not included:

 

"The cost of repairing or replacing a product which fails because anyone neglects, abuses or misuses the product"

 

I have written back saying that it was accidental, I need this laptop for the exam period and it is just plain silly that I would break it during this period and if it would be possible for him to reconsider the claim.

 

I have given him 14 days to respond before I file the N1 to the Cardiff county court.

 

I was hoping you guys could point me in the right direction with the N1 form. I am a student and can't afford to pay too much but how much will this cost? Also, how do I go about filing one? From the site, I am guessing I print the form off and send it in? :S - Can I submit it online and pay online? :S

 

Also, on the letter, there is nothing about who if I need to file any claims against. Do I file it against Gary Perryment (Claims Investigation Manager)? DSG? Coverplan? Techguys? :S

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sorry ive not got back sooner ive alot going on

 

https://www.moneyclaim.gov.uk/csmco2/landing.html

 

should explain the basics

 

to be fair ive not used it before as everyone ive threatened has backed down before needing it...

 

 

you would probably file against coverplan as they are the people your agreement is with, garry and the techguys are employed by coverplan.

 

if there is bits your stuck on in particular with the forms then it might be a good idea to start a small claims thread in the general issues forum, they probably have alot more knowledge than me.


Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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Thanks labrat for the info. Did you mean that you threatened the company with the N1 and they backed down or did you mean that you never had to go as far as threatening to file the N1?

 

Thanks

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i threatened to file one and they backed down


Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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I sent the reply letter address to Garry Perryment, is that ok? :S

 

In the same letter is the stuff about filing the N1 if its unsatisfactory. Should I have sent it to a different department? :S

 

I sent the letter off on 19th, I gave Gary Perryment 14 days to reply before I file the N1. I think this is sufficient. Hopefully I will have some good news next week... *fingers crossed!*

 

-----

 

On a separate note, when I worked at Currys, during training, we were trained and told that it covers for exactly "whatever happens", even some of the stories on here such as the broom smashing the telly, knocked over telly, etc etc...

 

I understand that there are some who abuse the system but don't we buy extra insurance so we don't have to worry and be super paranoid about our products getting damaged?

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UPDATE:

 

Still no reply... its been 9 days already. I am thinking was I right to send the letter to Gary Perryment or should it have gone to a different department? :S

 

This is getting annoying now, I am without a computer in my exam period...

 

Do I have to write another letter to Currys telling them that I will be taking them to the smalls claim court?

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Update:

 

It will be 14 days this coming Monday (3rd May 2010)... no replies from Mr Perryment.

 

I have started a help with N1 here

 

If anyone can input their experiences and answer any questions I will be grateful :)

 

I am annoyed that he did not even have the decency to reply to my letter.

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remember mondays a bank holliday so no post


Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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