whatever happens knowhow cover

[icemen]

Ive had a response from the email i sent to the ceo. They are saying my appeal hasnt been successful but will forward my email onto the appeal team. The said neglect is using or putting the tablet in a situation that can cause damage to the tablet. This explanation is so varied that you can apply it to any everyday use situation.

Shall I await the offical letter or raise my case now? Ill need help to do this and links to web pages.

[BankFodder]

It sounds hilarious!

 

If they have responded to you by email, please reproduce it here. I suggest probably to wait until the letter arrives and maybe you can post that here as well in PDF format for a laugh.

 

When you say "raise your case", are you in Scotland?

[DragonFly1967]

So by their logic. Taking the thing out of the box when you first buy it is "putting the tablet in a situation that can cause damage"

 

Interesting concept that. You can buy what you like from us, but if you open it....

[icemen]

Here is there response

 

Thank you for your email, and the information.

 

 

I will be happy to forward your email to the Claims Team. I can see the appeal letter has been received, and although I am sorry you have not received the response letter, however the appeal has not been accepted.

 

 

With regards to the definitions of neglect, although our team would not set the guidelines, or make the decision, the definitions with regards to the care plan for neglect, this would be classed as using or putting in a product in a situation that could easily damage the unit, or the unit could easily come to harm.

 

 

Once I have a response, I will keep you updated

[icemen]

No im in west midlands

[tiger265]

https://www.electricalsafetyfirst.org.uk/guides-and-advice/around-the-home/bathroom-safety/

 

https://victoriaplum.com/blog/posts/electrical-products-and-bathroom-safety

 

Looks like this is going nowhere, allowing a child of six to take an electrical item into a bathroom with a bath full of water was clearly a BAD idea is only going to call into account your parenting skills. Maybe give it up?

[icemen]

These are like building regulations which are quite understandable. Taking a phone or tablet to bathroom is quite normal now. You see it in the work place all the time. Back in the days people used to take newspaper in the the bathroom now people take phones tablets etc. So because its a bathroom you guys think I shouldnt bother taking my claim to the courts? Im still awaiting a response from the claims team at knowhow.

[AndyOrch]

Precisely...I wouldn't take much notice of the previous post which is a little out of context with the matter at hand.

[BankFodder]

Just for a laugh I think you ought to go back to them and ask them for the definition of "mishap". I can imagine that you won't get any reply.

[BankFodder]

Anyway, I'm losing track of this. Where are we? And what are you proposing to do? Have you send them a letter of claim?

[icemen]

I have written to the headquarters of knowhow which was the next step which pc world told me to do. I am awaiting their response.

[BankFodder]

PC World will be very pleased that you are obeying their instructions

[ericsbrother]

So, you bought the only mains powered tablet in the world? No and that means all of the legislation you have quoted is irrelevant.

 

This is why you are struggling to get anywhere, you cannot see the wood for the trees so try and focus on what advise you have been given rather than worry about things that are immaterial.

 

that will include obeying Knowhow's "rules", it is they that have landed you in this situation so look elsewhere for a solution.

So, how about a letter of claim spelling out exactly what you want as far as compensation and rationally laid out without asking for their consideration

- you are telling them.

 

Give them a sensible time to respond and then file a court claim online Simples.

 

https://www.electricalsafetyfirst.org.uk/guides-and-advice/around-the-home/bathroom-safety/

 

https://victoriaplum.com/blog/posts/electrical-products-and-bathroom-safety

 

Looks like this is going nowhere, allowing a child of six to take an electrical item into a bathroom with a bath full of water was clearly a BAD idea is only going to call into account your parenting skills. Maybe give it up?

[dx100uk]

well luckily tiger265 is not the threads OP

[icemen]

this is what I've done so far, sent a written letter to knowhow headquarters on the 24th March Just stating what happen.

I then emailed the CEO on the 29th March with like a letter of claim with similar effect to what Bankfodder advised above on the 29th.

Shall I await a written response before I file court claim or how long shall wait before my next step?

[BankFodder]

If you wrote a letter of claim then presumably you set a deadline of 14 days. If your letter of claim was something different then please let us know what it said.

 

As long as you are sure that you want to go ahead and you understand the costs and also the risks (which I think are quite small) then at the expiry of the deadline you should begin your claim. Go and register on the MoneyClaim website and start drafting your claim.

 

You can post up here what you intend to say. It doesn't need to be very verbose. It does need to be very formal. Keep it simple and keep it short

[icemen]

If you mean a letter of claim which i emailed the CEO on the 29th, pasted below. Then yes ive emailed that but does this have to via manual written letter?

Dear Sir/Mdm

 

I refer to my claim under your Know How policy reference number XXXX and dated XXX date.

 

As you know, a tablet computer – model XXX – incurred a "mishap" when my six-year-old daughter allowed it to fall into a bath which was full of water.

You have declined the claim on the basis that the damage was caused by "neglect". I disagree with you and I do not accept your refusal to honour your obligations under the Know How policy.

 

It is clear that when a six-year-old child – or anyone else for that matter, accidentally allows an item to fall into a bath full of water, that this is a mishap. This is precisely the kind of event is envisaged by your Know How policy and respect of which I have been paying £4.50 per month for the last four years.

 

I am writing to let you know that I'm prepared to accept £100 in order to source a replacement of a broadly equivalent item of approximately the same age which I am likely to purchase through eBay. This is despite the fact that it is clear from your policy that you should provide me at least with a refurbished replacement and if not a new unit of equivalent specification.

 

If I do not receive a positive response within 14 days then I shall begin a claim in the county courticon to enforce your obligations under the know how policy and to obtain a judgement for the full replacement value of a new item which I estimate to be about £250. This will be in addition to the costs of the claim and the hearing fee.

[AndyOrch]

It would be advisable to send a hard copy also...preferably recorded.

[icemen]

The did reply to my email I sent on the 29th so I'll chase it via email first & ask them if I'm going to get a formal response via post?

[icemen]

I have had the the letter back today & they have upheld their decision & rejected my claim.

 

This their response

Taking the unit into the bathroom puts it at extreme risk

Please refer to the terms & conditions of your agreement, under the section headed what is not included where it states the cost of repairing or replacing a product which fails because anyone neglects, abuses or misusues the product.

Due to the above we have decided to uphold our decision and reject your claim.

This is the 6th incident of damage

02/15 - dropped

08/15 - psu & docking port damage

11/15 - dockport damage

06/16 - bent

10/16 - screen damage

03/18 - dropped in bath

 

now let me clarify these 6 incidents, I had two nexus 7 32gb from pc world, one was the first edition & then this one which was the nexus 2 I bought in 2014. The first one I don't even have under warranty anymore I stopped it a couple of years ago. The first one had a design fault where the charge port or docking port as they call was very wide & wouldn't hold the charger in even from new. Then I realised this after getting it changed a couple of times. The first three repairs I believe they have confused for the older Nexus. With this the newer nexus 2 tablet I though I only had one repair when the screen was damaged but I remember taking it when there was a software issue & it wouldn't power up, I only noticed now they have put that down as bent when it wasn't bent at all.

 

Taking this into consideration do you bankfodder think I should register my claim? Can help me in what to put in the claim?

 

This is what i'm thinking of putting in.

 

A tablet computer – model nexus 2 32gb– incurred a "mishap" when my six-year-old daughter allowed it to fall into a bath which was full of water.

You have declined the claim on the basis that the damage was caused by "neglect". I disagree with you and I do not accept your refusal to honour your obligations under the Know How policy.

I challenge you to explain how a child of six year of age can comprehend the meaning of neglect, let alone carry it out?

 

It is clear that when a six-year-old child – or anyone else for that matter, accidentally allows an item to fall into a bath full of water, that this is a "mishap". This is precisely the kind of event is envisaged by your Know How policy and respect of which I have been paying £4.50 per month for the last four years. Again I ask you to explain the meaning mishap?

 

I would like the county court to intervene between myself & PC World to enforce their obligations under the know how policy and to obtain a judgement for the full replacement value of a new item which I estimate to be about £250. This will be in addition to the costs of the claim and the hearing fee.

 

What do you think? shall I tell them I think they got the first three repairs logged for the incorrect device? Also I have another 3 tablets on the knowhow policy for the past two years which I haven't taken in for repair once yet. Do they need to know? customer loyalty and all that?

 

thanks

[BankFodder]

I suppose that they are trying to say that you are an habitual claimer and that this should cast doubt on any future claims you make.

 

This is not an unreasonable thing for them to say. It certainly makes your job more difficult if you take this to court – but there are arguments that you could put forward against their position.

 

I'm not quite sure how your timeline works.

 

Please could you copy the timeline out again but this time opposite each entry tell me which tablet it was and if this was an extended warranty claim.

[icemen]

02/15 - dropped - old tablet

08/15 - psu & docking port damage - old tablet

11/15 - dockport damage - old tablet

06/16 - bent - this tablet which i want to raise claim against

10/16 - screen damage - this tablet

03/18 - dropped in bath - this tablet

 

These where all under the knowhow cover not extended warranty.

[tiger265]

Check very carefully your original paperwork. I think the term "unlimited repairs" or "unlimited replacements" is used. Six repairs/replacements is a LONG way from unlimited I think??? Unlimited is more than 100, 1,000 or even 1,000,000?

 

Don't give up, they are expecting you to give up. You need to be like a dog with a bone, but in a nice way...

[BankFodder]

I had a look at the knowhow policy and I haven't noticed the word "unlimited" in it at all. However, my understanding is that this is a monthly scheme – not an annual contract – and that it can be terminated at any time – and probably without notice. Please can you have a look and confirm this.

 

This means that if they decide that you are too much of a risk because you are too careless or dishonest or unlucky et cetera, then they can simply give you notice that they are going to withdraw the cover. Similarly you could do the same. However, rather than do this they have been content to take your £4.50 per month and although you have had a fair number of claims against these policies, you have had nothing for 1 1/2 years and I don't believe that they can come back and say that they have taken your premiums for this time another you have another event, they're not going to pay out simply because they have paid out previously.

Because the knowhow scheme essentially operates on a month by month basis I think it is completely possible to say that these are monthly policies. Knowhow have been content to keep on renewing the cover as long as they are receiving the money.

 

I think their list of previous claims may cause a little difficulty if this is brought up before a judge – but I think that if you explain the situation in the way that I have put it here in this post then I think that you have a high likelihood of defeating their argument on that basis.

 

I think it is up to PCWorld to withdraw the knowhow cover if they want to – and maybe they will do that. On the other hand, it may be that when they sell these things, part of the deal is that the knowhow cover is available – in which case I would even suggest that it would be a breach of contract if they then were prepared to sell you the tablet and renege on their offer to provide the cover. But that is a different matter.

 

I think we have supplied you with the arguments here. You now have to make your decision as to whether or not you want to proceed.

 

If you do want to issue a claim then make sure that we see the wording before you put in. If what you have suggested in your post number 45 is the wording that you intend to use in your claim then the answer is – No.

[icemen]

It is on a monthly basis and i can stop it whenever i want.

I dont know if pc world can also do the same.

 

What if i put in a claim and pc world decide to withdraw the cover

what does that mean I lose the fee for raising a claim and get nothing?

Isnt it too late for them to withdraw now as it was under cover when the mishap happened?

 

The 6 claims are against two tablets doesnt this matter? Different agreements and charges.

 

Also if do have a case and [removed] if they can get away with this

 

can you help with the wording as i dont know what else to put.

 

I dont mind the £25 fee to raise a claim, then if they decide to take me to court that would be another 60 odd quid?

Edited April 9, 2018 by dx100uk
behave - dx