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421 posts

Ultimate Geek
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Topic # 172096 11-May-2015 19:56
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So, this is a problem posted by a lady on a local FB community page seeking advice... I've abridged the post and would be keen to hear what any knowledgeable/experienced geeks think is the best way to proceed... Seems to me like SURELY there must be some recourse available to her/her niece (who is a high school student so not to be completely blamed for her lack of consumer rights smarts...)


My niece took her iPad in to get the cracked screen replaced. She paid $110 cash up front for this.
She went to get the iPad at the scheduled time only to be told they are waiting for parts. This has been going on for 3 months. I went in today to collect it myself only be to told many stories that contradicted eachother. The very short of it is that the iPad no longer works at all. They admitted to me it worked fine when it was delivered to them and was damaged while in their care but they are not responsible and will do nothing about it. When I asked for it back they didn't have it.
My niece paid cash and was given no receipt or order form but was told as she works in the mall they would deliver it to her place of work, then every week she went to see them she got the same story that they are waiting on parts.
I'm going back at 9am tomorrow to get the iPad which they tell me they will have onsite by then.
Do we have a leg to stand on regarding the fact they damaged it beyond repair? There are no signs up warning people it's at their risk and my niece wasn't told of which I believe as have also had a phone screen repaired there and was not warned of it being at my risk either.
As it stands it's been 3 months of being told they are waiting on parts until an adult steps in then it's damaged beyond repair while in their care but too bad.
Any advice before I return tomorrow?

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Uber Geek
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  Reply # 1302263 11-May-2015 21:10
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Is it a proper register company, and registered for GST?  I suggest going to the consumer website, and downloading their letter that gets results, and then give them a certain number of days to provide a solution.

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Uber Geek
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  Reply # 1302328 11-May-2015 21:46
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Your/her only real option is to get it back then get it assessed by a reputable repairer - as a minimum they really should refund the money already paid.

It is extremely rare for a an iPad to fail completely during repair but there are many things that they could have done incorrectly but without inspecting it we'd be grasping at straws.

 
 
 
 


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Master Geek
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  Reply # 1302341 11-May-2015 22:20
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I am not a lawyer and do not pretend to be one, but IF the story is exactly as you relate, then the repair shop are utterly in the wrong.  Proving the case looks to be more than a bit difficult, though.

"She paid $110 cash up front for this" - first mistake and a serious one, unless she got a receipt for the payment.  Whoops, later on, she "was given no receipt or order form." 

". . . they are waiting for parts.  This has been going on for 3 months" - BULL$#!^   This is an iPad, not some obscure cellphone from Xinjiang Tin Can and Telecommunications.  If they're truly waiting for parts for 3 months then it's because they haven't paid for the last shipment.

"They admitted to me it worked fine when it was delivered to them and was damaged while in their care but they are not responsible" - no, they are bloody well responsible. 

IF the story is exactly as you relate (and I'm repeating that phrase intentionally), the niece should be contacting a Citizen's Advice Bureau and, if she or her family are members, Consumer NZ for further advice.


 

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  Reply # 1302372 11-May-2015 23:23
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I'm not going to name and shame, but if you looked into my old posts you'd find the name, I dropped my Xperia Z in for a SIM reader replacement ages ago to a mall kiosk repair agent. Repair was quick and cheap, everything I needed lol. Except that when I got the phone back it was no longer waterproof. I didn't know this until it got wet at a party and I was stuck with a phone that had water under all the surfaces. 

Stuck my ground, they said I should have known it wasn't going to be waterproof etc, offered me a discount on repairs for the water damage. I kept declining, wouldn't accept the old phone back. Eventually they gave up and got me a replacement (although in a different colour but at this point I was happy to have the phone back none the less). I suggest you do the same. They broke it while it was in their care, they're 100% responsible. 

Tell them they need to return it in working order, pay for a replacement, or purchase a replacement. Getting your money back means they've literally just broken the iPad and gained interest on $100 for a few months.

Firstly I think you need to get ahold of some sort of receipt. Say you need it to claim GST back or something. Then from there speak to Citizens Advice Bureau and go disputes tribunal if no luck with the shop afterwards.   

(obviously I'm not a lawyer, based on what I was told at that time from the lovely CAB staff)




Bachelor of Computing Systems (2015)

 

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Late 2013 MacBook Pro with Retina Display (4GB/2.4GHz i5/128GB SSD) - HP DV6 (8GB/2.8GHz i7/120GB SSD + 750GB HDD)
iPhone 6S + (64GB/Gold/Vodafone NZ) - Xperia Z C6603 (16GB/White/Spark NZ)

Sam, Auckland 


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  Reply # 1302406 12-May-2015 06:33
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If they want tio play this game, play your game. I'd threaten that I've told my friends and we are going to protest outside of the shop with signs saying what happened.
While this may seem overkill, it pales into insignificance based on how they have treated this sale. Cash up front, no receipt, contradicting stories, 3 months, etc. . They will make it go away,  

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  Reply # 1302407 12-May-2015 06:34
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tardtasticx: I'm not going to name and shame, but if you looked into my old posts you'd find the name, I dropped my Xperia Z in for a SIM reader replacement ages ago to a mall kiosk repair agent. Repair was quick and cheap, everything I needed lol. Except that when I got the phone back it was no longer waterproof. I didn't know this until it got wet at a party and I was stuck with a phone that had water under all the surfaces. 

Stuck my ground, they said I should have known it wasn't going to be waterproof etc, offered me a discount on repairs for the water damage. I kept declining, wouldn't accept the old phone back. Eventually they gave up and got me a replacement (although in a different colour but at this point I was happy to have the phone back none the less). I suggest you do the same. They broke it while it was in their care, they're 100% responsible. 

Tell them they need to return it in working order, pay for a replacement, or purchase a replacement. Getting your money back means they've literally just broken the iPad and gained interest on $100 for a few months.

Firstly I think you need to get ahold of some sort of receipt. Say you need it to claim GST back or something. Then from there speak to Citizens Advice Bureau and go disputes tribunal if no luck with the shop afterwards.   

(obviously I'm not a lawyer, based on what I was told at that time from the lovely CAB staff)


Great advice, but I feel its clear it will be a waste of time, going by the business model in place

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  Reply # 1302408 12-May-2015 06:59
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?If they don't return it, go to police and report it stolen by shop.

Then take it to another repairer and get them to make report of costs to fix then disputes tribunal. Probably won't win without proof but going to "court" might spur action.

Ultimately probably have to put it down to an expensive learning experience though...

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  Reply # 1302410 12-May-2015 07:01
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afe66: ?If they don't return it, go to police and report it stolen by shop.

Then take it to another repairer and get them to make report of costs to fix then disputes tribunal. Probably won't win without proof but going to "court" might spur action.

Ultimately probably have to put it down to an expensive learning experience though...


It wasn't stolen. They won't be interested.

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  Reply # 1302422 12-May-2015 07:39
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Getting devices repaired by the many small stores opening up is always risky. I know somebody else who had 2 phones repaired using fake parts a few weeks ago.

Yes these places are cheaper, but in some cases there are reasons for that.


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  Reply # 1302428 12-May-2015 07:49
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sbiddle: Getting devices repaired by the many small stores opening up is always risky. I know somebody else who had 2 phones repaired using fake parts a few weeks ago.

Yes these places are cheaper, but in some cases there are reasons for that.



Not when you ask if genuine parts are going to be used, After I confronted the owner of the business here in Takapuna they refunded me very fast

Warning don't trust thsee mall repair places or little shops about the place like on Huron Street in Takapuna, The quality of the parts used are so poor

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  Reply # 1302429 12-May-2015 07:49
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At times like these I like to pay the $45 dollars for the dispute tribunal, fill in the paper work, lodge it and then go and drop the papers off.
Then in a day or so you will get a call from the company saying that they don't agree blah blah blah but we would like to offer you blah blah blah, if you are not happy with the offer then reject it and then you point out how much time and $ it's going to cost them in having someone at the court house, travel etc and if you win then they have the cost of a new device on top of that.
If they say they will just send their lawyer remind them that they can't as no lawyers allowed.





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  Reply # 1302434 12-May-2015 08:03
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tdgeek: If they want tio play this game, play your game. I'd threaten that I've told my friends and we are going to protest outside of the shop with signs saying what happened.
 


In a mall you'd be very quickly issued with a trespass notice by security staff, then arrested by police if you persisted.

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  Reply # 1302435 12-May-2015 08:05
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Fred99:
tdgeek: If they want tio play this game, play your game. I'd threaten that I've told my friends and we are going to protest outside of the shop with signs saying what happened.
 


In a mall you'd be very quickly issued with a trespass notice by security staff, then arrested by police if you persisted.


Agree this is a dumb idea

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  Reply # 1302448 12-May-2015 08:41
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johnr:
Fred99:
tdgeek: If they want tio play this game, play your game. I'd threaten that I've told my friends and we are going to protest outside of the shop with signs saying what happened.
 


In a mall you'd be very quickly issued with a trespass notice by security staff, then arrested by police if you persisted.


Agree this is a dumb idea


I did suggest that as a threat, not an action. A possible motive for them to cash up. While the other ideas here are good, none will work, there is no evidence, IMO its make an idle threat to recover cash, or forget it and take the loss.

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  Reply # 1302479 12-May-2015 09:11
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Lodging it with the Disputes Tribunal is the best bet.
It is then your word(s) against theirs, or in this case the Aunt and her Niece, against the shopkeeper. It sounds believable, and the shop admitted fault. I'd doubt it would even get as far as a hearing.

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