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Phone repair guys lost my stylus.

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  • 21-12-2007 6:32pm
    #1
    tech77
    Closed Accounts Posts: 2,736 ✭✭✭


    Hi.
    I sent in a phone to be repaired last week and got it back repaired fine.

    When I sent it in I had to send in a tickbox saying what exactly I was sending in- handset, charger etc.

    Now only thing is i actually sent it in with my own customised stylus (not the original stylus it was sold with) but I forgot to state this in the tickbox.

    I got it back from repair with an original stylus (not my customised stylus).

    So they obviously lost the customised stylus and just sent the handset back with an original stylus.

    I called them up asking them if they could send me on my customised stylus but they said if I hadn't it in the tickbox then tough.

    So do I have a leg to stand on?

    By this logic if I don't tick that i'm sending in a certain accessory in their tickbox they can afford to lose that accessory.
    Is that fair?


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    #2
    ojewriej
    Closed Accounts Posts: 1,468 ✭✭✭ojewriej


    Look at it form their side - you can send just the phone, and then demand the handset, charger and stylus back. Would that be fair?


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    #3
    tech77
    Closed Accounts Posts: 2,736 ✭✭✭tech77


    ojewriej wrote: »
    Look at it form their side - you can send just the phone, and then demand the handset, charger and stylus back. Would that be fair?

    Mmm, I suppose.
    Still, the tickbox document didn't have any disclaimer about not getting stuff back if you didn't tick for it.

    And even if I overlooked the customised stylus on the tickbox shouldn't they have some documentation on their side that records receipt of it (besides what I put on the "non-binding" tickbox).


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    #4
    ojewriej
    Closed Accounts Posts: 1,468 ✭✭✭ojewriej


    tech77 wrote: »
    Mmm, I suppose.
    Still, the tickbox document didn't have any disclaimer about not getting stuff back if you didn't tick for it.

    Afre you sure there wasn't some kind of "terms and conditions apply" or something like that?

    tech77 wrote: »
    And even if I overlooked the customised stylus on the tickbox shouldn't they have some documentation on their side that records receipt of it (besides what I put on the "non-binding" tickbox).

    They should, but i think innocent until proven guilty rule applies here, meaning that you have to prove they lost it, not them that they didn't.

    But I might be wrong, I'm not an expert or anything.


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    #5
    tech77
    Closed Accounts Posts: 2,736 ✭✭✭tech77


    ojewriej wrote: »
    Afre you sure there wasn't some kind of "terms and conditions apply" or something like that? They should, but i think innocent until proven guilty rule applies here, meaning that you have to prove they lost it, not them that they didn't. But I might be wrong, I'm not an expert or anything.
    No, nothing in the T and C's about their right to not return something that wasn't ticked for. They sent me an email alright saying I am "required" to fill out the ticksheet and send it in to them with the handset and accessories. Legally though "required" in an email doesn't mean that if I omit to tick something I won't get it back, surely? A signature is required on the ticksheet alright which implies you accept the T and C's but importantly there's nothing in their T and C's about them not returning an item that wasn't ticked. I even asked them what would happen if, say for some reason, I didn't tick for the handset itself would the same principle apply- could they then legitimately lose the handset as well if it wasn't ticked for? They said no they couldn't so by that logic the ticksheet is meaningless it seems.


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    #6
    traceybere
    Closed Accounts Posts: 298 ✭✭traceybere


    was there a tick box option for a different type of stylus?


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    #7
    tech77
    Closed Accounts Posts: 2,736 ✭✭✭tech77


    traceybere wrote: »
    was there a tick box option for a different type of stylus?
    No. Just an "other" option. I know it's only a bloody stylus I suppose but I wouldn't mind knowing the importance of this for future reference. Just in case more expensive items "can be afforded to be lost" so to speak. Curiously however they assure me this principle would not apply to more expensive items only accessories. In other words the ticksheet is really pointless. (ie if the ticksheet meant anything and I didn't tick for the handset they could just as easily say I never sent on the handset if you extend the principle).


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