Whatever Happens claim denied ***Resolved***

[VaiBabe]

Hi,

Just over a year ago we bought an iPad 2 for my husband (I'd already got an iPad1).

Earlier this year he tripped whilst walking down the steps and landed with his knee on the ipad, bending it and rendering it unusable.

 

He rang the claims no. and was told it would be covered under accidental damage, and send it to the claims centre which he did.

After two weeks he had heard nothing so rang the centre, only to be told that the claim was being denied due to the damage being excessive in relation to the reason for the damage.

 

They returned the very bent iPad to us.

We appealed, writing to the infamous Mr Perryment,

who said he had investigated the claim and agreed that the damage was excessive,

pointing us to the fine print which talks of non-accidental damage.

 

I was particularly impressed by Mr Perryment's abilities,

as we had the iPad during the entirety of his investigation.

 

We sent a letter before action, which was responded to with the same reason

- excessive damage in relation to reason for damage.

 

We have not seen any evidence of tests/reports from Currys which explain what damage isn't excessive when a 16 stone man falls and lands on an ipad.

 

 

So, we filed a claim and have now received a response which says that they intend to contest the claim and they require 28 days rather than 14 days to prepare the defence. Does anyone have any advice as to what we should do now?

Edited August 13, 2012 by citizenB
formatting

[rebel11]

Hi vai

 

Welcome to CAG

 

We've got a Currys/PCWorld Rep who can look into the matter. It could be that Paul cannot help in which case we can make further suggestions. He should pick this thread up.

 

http://www.consumeractiongroup.co.uk/forum/member.php?349645-Paul-CurrysPCWorld

 

What payment method used to purchase the Ipad?

 

Some info:- http://www.bbc.co.uk/blogs/watchdog/2011/10/knowhow.html

 

Please let us know how your problem has been resolved, it could help fellow Caggers.

[citizenB]

I wonder if you would need to obtain an independant report regarding the damage to the item - or do you already have that ?

[VaiBabe]

I did wonder about an independent report, but have no idea where I would get one from - clearly not Currys!

[citizenB]

I did wonder about an independent report, but have no idea where I would get one from - clearly not Currys!

 

I will flag your thread and see if other Site team might know.

 

It seems this "Whatever Happens" product is not all it should be. There have been other caggers mention they have had problems.

 

I am not sure that the Curry's Rep will be able to advise/help if this is now subject to litigation.

[VaiBabe]

They clearly think we are trying to make a fraudulent claim,

but the only evidence they have provided is by saying that the damage is excessive in relation to the incident caused

and then referring us to the T&C highlighting the bit that refers to the insurance being void if the product is misused.

 

Surely if we were trying it on, we would have damaged the older iPad1 to get a newer replacement?

Clearly, 'whatever happens' is a misnomer.

[rebel11]

Clearly you need more information, their decision doesn't stack up with regards to the info they have provided, which is what you've said in your initial post.

 

They clearly think we are trying to make a fraudulent claim, but the only evidence they have provided is by saying that the damage is excessive in relation to the incident caused and then referring us to the T&C highlighting the bit that refers to the insurance being void if the product is misused. Surely if we were trying it on, we would have damaged the older iPad1 to get a newer replacement? Clearly, 'whatever happens' is a misnomer.

[VaiBabe]

Yeah I know, we've already asked for more information before doing the Letter before action, but they just kept sending the same letter out. Really frustrating!

[citizenB]

Now this is subject to litigation you can ask for this information by way of CPR..

 

I am not sure which CPR though.. So will ask that question for you as well.

[labrat]

or just do a DPA request and insist on the coverplan report being included

[citizenB]

or just do a DPA request and insist on the coverplan report being included

 

I doubt there will be sufficient time for SAR, labrat - they have 40 calendar days to comply and you can guarantee they would leave it right to the last moment

[dx100uk]

on a side note

 

apple are sometimes very good and might well replace it free.

 

it has been known!

 

and i doubt paul will able to do anything now gary has been involved an 'decided'

 

pers i agree get them in court

we see SO much of this gioig on with useless insurancs through them

 

dx

[labrat]

doubt apple will do much with a damaged one

 

sorry to say paul wont be allowed near it, its kind of a insiders society down at referals

 

but there should be a full report (ussually 2 pages) with images, comments on why they think that dam is inconsistant, and what summary they make

 

your right on the too long for the SAR my mistake but definatly ask under CPR as it WILL be something they rely on

[VaiBabe]

Sorry to sound like a thicky, but what's a CPR and how do I do that/get it?

[rebel11]

Maybe Paul can get hold of the full report for vaibabe

 

doubt apple will do much with a damaged one

 

sorry to say paul wont be allowed near it, its kind of a insiders society down at referals

 

but there should be a full report (ussually 2 pages) with images, comments on why they think that dam is inconsistant, and what summary they make

your right on the too long for the SAR my mistake but definatly ask under CPR as it WILL be something they rely on

[rebel11]

http://www.justice.gov.uk/courts/procedure-rules/civil/rules

 

Sorry to sound like a thicky, but what's a CPR and how do I do that/get it?

[citizenB]

You need to have a look at CPR 31 - disclosure and inspection of documents

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules#part31

[AndyOrch]

Moving to Legal Forum

[labrat]

All pul I slikely to be able to say is to write to the dpa officer and ask

[VaiBabe]

Just wanted to say thank you and update on the situation.

 

About a week ago we received a notification that they wanted 28 days to dispute the claim,

 

then today we received a letter informing us that they had reconsidered the case

and were prepared to accept the damage was caused accidentally

and included a voucher for the whole amount.

 

So, result!

 

But very frustrating that we had to go this long and this far to get them to acknowledge what should have been acknowledged straight away.

 

We went and got the new iPad today,

and the man behind the counter tried to sell us the extra cover again.

It was really difficult to be polite at that point...

 

Anyway, thanks for all the support and guidance it was much appreciated.

[rebel11]

Well Done Vai:-)

[reallymadwoman]

Just wanted to say thank you and update on the situation.

 

About a week ago we received a notification that they wanted 28 days to dispute the claim,

 

then today we received a letter informing us that they had reconsidered the case

and were prepared to accept the damage was caused accidentally

and included a voucher for the whole amount.

 

Hope that included your court fee.

 

So, result!

 

But very frustrating that we had to go this long and this far to get them to acknowledge what should have been acknowledged straight away.

 

We went and got the new iPad today,

and the man behind the counter tried to sell us the extra cover again.

It was really difficult to be polite at that point...

 

Anyway, thanks for all the support and guidance it was much appreciated.

 

Being polite is probably more than I could have managed, so well done.

[citizenB]

Very good news - yes, it is unacceptable that you were put to all the trouble in the first place - however, it is resolved now and hopefully you can put it down to a "one off" experience !!