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    • Steady on, that’s almost as blunt as my response I’m just not sure the OP is going to get the answer / “nuanced response” it seems they were hoping for ……..
    • My mind is a blur so i cant recall exactly what the judge said at the end, but he mentioned that he would be making an order for Evri to make payment to me. I wasn't sure if the court order will also be provided to me, either by post or email - if anyone can shed some light please?
    • Agree with everyone here it's bang to rights. Looks like you just slightly jinked left in order to go right. Ultimately, your time saving attempt is going to cost you as I don't think you have any grounds to appeal. I'd just pay the charge and chalk it up to experience.
    • Thank you everyone!  thought to share some points from my experience in court today that may help others who are taking Evri to court: The judge sets out how the hearing will go and how each party should behave; while i was certainly feeling anxious/nervous ahead of the hearing (and I'm sure @jk2054 may have also observed this), the judge really does try to put any non-legal persons at ease; refrain from talking to the other party and instead speak to the judge if you have any questions/responses; the judge and the advocate spoke about tort of negligence - i wasn't sure how this applied to my case but the judge was questionning the advocate about this so i chose to stay out of this; the judge made reference to a historical case of Donaghue v Stevenson which established a duty of care; the judge observed that some of the points in Evri's witness statement by george wood needed cross examination but george was not present today for questionning; While i was claiming 8% interest, the judge pointed out that is the upper limit and that today, savings accounts give 4-5%. I therefore opted for 5% interest which was agreed to by the judge and the advocate; above all else, ensure you know your court bundle and have any notes to help you refer to specific sections - it helped me to structure my answers to the judge/defendant's queries, and point to specific evidence where i was asked to prove e.g., the value of the item. @honeybee13 - yes, will confirm when payment is received. I have emailed the Evri.claims email with my bank details and also provided them after the hearing to the advocate. @BankFodder message received and i am replying to it
    • Looks promising then.  Well done   Dx
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Very - Defective iPad - What are my rights***Full Refund***


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Hi there,

 

 

I am in need of advice.

 

 

We bought our daughter an iPad Air from Very on 7th Dec 2013 for £399. In November of this year it stopped working and we took it to Apple who diagnosed a hardware fault and not an operator induced error. He even comment to how good the iPad still looked!

 

 

We went back to Very at the end of November and asked them to sort it under the SOGA as Apple stated that this was good for 2 years. Very originally agreed to a refund minus a 20% usage fee! This has now been on going for 4 weeks and we still have had no resolution.

 

 

Yesterday they have now stated that the usage fee is £159! Very will only refund £239 into the account but they have already added £159 usage fee tot he account....:-(

 

 

What can I ask for, as all I want is a replacement. I feel that we are being pushed from pillar to post and have made no progress after 10 phones calls and multiple emails.

 

 

Any help appreciated.

 

 

Russ

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Saga lasts for 6 years. If apple confirmed that is was fault, then they should give a like for like replacement. If its an old ipad, then they have to take into account depreciation on older models, plus usage.

 

You also need to STAY off the phone. Retailers will say anything over the phone and not confirm it in writing.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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Hi there,

 

 

Thanks for the reply.

 

 

It is an Ipad Air and they still stock it but now at £319. We paid £399. I have a written report from Apple

stating its a hardware fault and not down to user mistreatment.

 

 

Can I claim for a direct replacement?

 

 

Very seem to want to give us the new price (£319), minus usage, which was 20%, but now seems to be £159!. All I want is to get another as my daughter is going stir crazy lol....

 

 

Not sure what I am entitled too.

 

 

Russ

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Inherent hardware fault confirmed by apple. Retailers job to either send it off for repairs, or issue a full like for like replacement.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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You might also want to have another word with Apple and advise that one of their stockists is destroying the reputation of their products ! (in writing)

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Could also start legal action if you wanted. You have confirmed Info from Apple that it's a hardware error so the retailer has no roomto make excuses

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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It looks like they dont want to replace the item as this will cause them to make a loss on an item with low margins so they are trying to trick you into acceptiang a refund instead. having tacitly agreed to this they are now trying to stiff you so they can still come up trumps over the whole deal.

When you paid was it as a lump sum or are they going to refund you the interest paid on the capital that you have been shelling out? Put it all in writing and see what they have to say the second time round. Let them know that you will be happy to use the courts to decide on whose sums are best and that you just want a working ipad at the end of the day so would happily accept a guaranteed refurbished one. They wont have any so may well jsut send out another rather than risk losing money in an unwinnable battle.

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Thanks for your replies.

 

 

You are right, all I really want is a replacement as my daughter is going stir-crazy.

 

This was sent to them on 24th December and if no resolution is found then I intend to go for a legal challenge.

 

 

Thank you for your email.

I DO NOT accept your new proposal and I want an explanation to why you have charged a £159 usage fee to my account AND also removed the £159 from the original price of the item.

This has basically doubled the usage charge! I do not accept this and have no intention of accepting this or paying the charge.

Your original proposal, for which I have emails, was to credit my account with £319.20 which was the original price minus a 20% usage fee. This was proposed 3 weeks ago and still no action has

been taken dispite numerous phone calls and emails, all of which have been logged.

I am getting fed up with the unprofessional attitude of this catalogue and this matter must be concluded within 14 days or I will have no option other than to take matters further.

I would like the £159 charge removed, the £319.20 credited to my account and this matter RESOLVED as per your original emails and calls.

My daughter has been without her item for several months now and with no resolution in sight.

 

 

 

 

Russ

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  • 1 month later...

Quick update, sorry for the delay.

 

 

After the last email VERY have now refunded the whole £399! So now we re going to buy a replacement from Apple so

that we can go into our local Apple store and get help/service if required.

 

 

Thanks for all the help and comments.

 

 

Russ

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Good news and well done bagpuss22

 

Thread title amended to reflect the outcome.

 

Regards

 

Andy

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