All About Symbian - Nokia (S60) and Sony Ericsson (UIQ) smartphones unwrapped

  #1  
Old 04-05-2007, 11:39 AM
Richn80 Richn80 is offline
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Lost my n80(orange) insurance doesnt cover me:mad:

hello everyone i didnt know where to post this but i have a problem. I lost my beloved N80 on friday night or to be more accurate i left it in a taxi the battery had gone so i coulndt ring it the morning day and when i rang the taxi firm they said it wasnt handed in(prehaps because the driver pocketed it lol!!!).

They also coulndt get in contact with the driver to ask him until sunday afternoon when he said it wasnt in his car. So i rang orange to make aclaim on my orange care insurance but the operator told that as 24 hours had passed since i lost it i wasnt covered and would have too pay £300 for a new n80 plus extra for a new sim. I dont think this is fair is i couldnt say for sure it was gone till sunday which was in affect 48 hours since i had lost it.

Iam going to phone them again today and put this to them. So i suppose im asking is there ANYWAY i can sort this to get a new handset without paying £300 or getiing one of ebay for £150 ish.

Its worth noting i still have 8 months of my 18month contract left and have been on contract with orange for about 5years now which im hoping they will take into account

So any help or suggestions on ways i can talk them around will be BRILLIANT
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  #2  
Old 04-05-2007, 01:20 PM
dergal dergal is offline
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it wasn't "lost" until you knew it was ... Explain to them that an item because lost when you can't find it, you can happily take them to court, and in the current climate probably win without any problem.

Mention to them that you are looking to leave orange, how long lefet have you got on your contract? Three are very good! (IMHO), although they don't have any N80s any more, nor do they seem to have an N95 as yet :(

Claimable under house insurance ?

  #3  
Old 04-05-2007, 02:44 PM
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Quote:
Originally Posted by Richn80 View Post
hello everyone i didnt know where to post this but i have a problem. I lost my beloved N80 on friday night or to be more accurate i left it in a taxi the battery had gone so i coulndt ring it the morning day and when i rang the taxi firm they said it wasnt handed in(prehaps because the driver pocketed it lol!!!).

They also coulndt get in contact with the driver to ask him until sunday afternoon when he said it wasnt in his car. So i rang orange to make aclaim on my orange care insurance but the operator told that as 24 hours had passed since i lost it i wasnt covered and would have too pay £300 for a new n80 plus extra for a new sim. I dont think this is fair is i couldnt say for sure it was gone till sunday which was in affect 48 hours since i had lost it.

Iam going to phone them again today and put this to them. So i suppose im asking is there ANYWAY i can sort this to get a new handset without paying £300 or getiing one of ebay for £150 ish.

Its worth noting i still have 8 months of my 18month contract left and have been on contract with orange for about 5years now which im hoping they will take into account

So any help or suggestions on ways i can talk them around will be BRILLIANT
Yes you should be able to claim under your house insurance, but this isn't the point, as the previous poster said, tell them that you wasn't sure that it wasn't lost until after you had contacted the Taxi company, as soon as you had confirmation from the taxi company that the phone was not recoverable then you immediately contacted Orange insurance. until that point the phone was not lost, just misplaced.

If they still wont go for that then tell them that you will sue them in the small claims court for breach of contract as you notified them immediately you knew that you were 100% sure the phone was lost, does it say in the insurance contract to notify them if the phone is misplaced .. I think not. (you can claim online very easily and very quickly and they will 100% give you a new phone, although you will probably have to go through the motions).

Tell them you have phone records of conversations you had with the Taxi company as proof that you made every effort to locate the phone before trying to make a claim.

If they are still not playing ball then tell them you have no option than to recover your money from orange insurance through the court, and you will also terminate your contract with them because orange has breached their contract with you.

Send an email and also write a letter if you wish to Orange (I find emails better because you have a records of progress) giving them 7 days to honour their insurance contract with you otherwise you will make immediate request to the small claims court online to recover your money and not a replacement phone because you would now consider this a breach of contract by orange and thus they will be negating the contract, also tell them you will be claiming for the FULL cost of a replacement sim free N80 and all costs involved with the claim including court costs (these are about 50 - 60 quid which you have every right to claim back).

They will cave in and you will get a new phone, but it could take upto 6 weeks if you can wait that long, although I think they will settle as soon as they get the court summons.

go here to start the claim https://www.moneyclaim.gov.uk/csmco2/index.jsp

I have claimed twice with this service and won, once was for a £2500.00 laptop, and one was for a sendo x that didn't work and I made a claim against pixmania because I paid for their extra warranty and they wouldn't honour it because sendo went into receivership, but my contract was with pixmania not sendo so they didnt have a leg to stand on. The summons was issued, but both paid up before the warrant was issued because the last thing they want is a CCJ against them.

Dont be afraid to do it, its very easy and very interesting to do also.

Good luck and let us know how you get on.

But the important thing it to make sure you say you informed orange immediately you know the phone was lost, until that time it was justy misplaced and you made every effort to recover it.

p.s. when you inform them that you are giving them 7 days notice to honour the insurance, tell them that as soon as the 7 days have passed (make sure they know which day is the 7th day), then you will be claiming from them all costs incurred by you after this point in recovering your money from them, including any monies that you have paid to start the claim process, if they don't repay you these costs, even if they replace your phone then you will continue with the claim to ensure that you are not out of pocket.

Pixmania sent me a cheque for the phone but not the court costs (I had included these in the claim), so I didn't stop the claim until they sent me another cheque to cover the court costs, they did this quite happily and quickly as the warrant was about to be issued.
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Last edited by Cash; 04-05-2007 at 02:52 PM.

  #4  
Old 07-05-2007, 08:49 PM
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kontraband kontraband is offline
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HAHAH Cash's specialist subject!!

Go get em Rich!!!

  #5  
Old 08-05-2007, 07:08 AM
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Originally Posted by kontraband View Post
HAHAH Cash's specialist subject!!

Go get em Rich!!!
.. just hate these big companies pushing us around and trying to get away with things they should do without all the hassle....

Problem is most consumers dont know their rights or what they can do to fight these people so will just accept what they are told, so the more info out there the better I think ..

Stick it to the MAN I say ..
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  #6  
Old 08-05-2007, 03:11 PM
Richn80 Richn80 is offline
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Thumbs up

Thankyou sooooo very much everyone this really helps me out I thought I was stuffed. Im actually away on hols at the moment so cant do much till tomorrow im going to read up everything cash and the others have suggested and start the war with them dont worry im very persistant with things like this so im hoping it will come good plus i have alot of spare time to chase it.

I cant get back online until tommorow am so i will post back after each call I make to Orange with any news. This is a great little forum and I really am gratefull for this Cheers

  #7  
Old 08-05-2007, 09:40 PM
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yeah. keep[ us updated fella

  #8  
Old 17-11-2007, 12:28 PM
Indulgence Indulgence is offline
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Pixmania

Cash,

I am having big problems with Pixmania. I am so frustrated and angry at them. I have tried everything to solve it in any possible "friendly" way. Unfortunately, I think there is nothing left but taking them to court.
I thought that Pixmania were regualted through French legislation but your post is very encouraging. However, to do so I need a UK address. Have you sent it to the address in Fulham?

Cheers

  #9  
Old 19-11-2007, 09:41 PM
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Originally Posted by Indulgence View Post
Cash,

I am having big problems with Pixmania. I am so frustrated and angry at them. I have tried everything to solve it in any possible "friendly" way. Unfortunately, I think there is nothing left but taking them to court.
I thought that Pixmania were regualted through French legislation but your post is very encouraging. However, to do so I need a UK address. Have you sent it to the address in Fulham?

Cheers
If they are selling in the UK then they are bound by UK laws, yes I did use the address in Fulham .. what is the problem if you dont mind me asking ?..
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  #10  
Old 20-11-2007, 10:19 PM
Indulgence Indulgence is offline
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Thanks Cash, after 6 months this is very encouraging!!!
It seems Pixmania have thousands of complaints posted in numerous websites, but you are the only one which posted something about being successful in a court case against them.
Our case…
Summarising, we bought a TV last May (2007) and then we returned it. The refund went through and Pixmania informed us on the 20th June (2007) the money will be credited into our account within 4 working days. No sign of the money yet (November 2007)!!!
Pixmania maintains that the money has been refunded but we have not seen it yet. We have confirmation from our bank that the money never arrived. Trading Standards has been investigating the case and still no progress.
We should have taken Pixmania to court previously, however we were not sure about which address to use when filling the small claims court form.
Is the address: 792 Fulham Road, Fulham, London SW6 5SL?
We are so frustrated with Pixmania’s lack of responsibility. Anyway, we hope that we are as successful as you were in your claims.
By the way, any advise?
Thanks

  #11  
Old 20-11-2007, 10:57 PM
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Originally Posted by Indulgence View Post
Thanks Cash, after 6 months this is very encouraging!!!
It seems Pixmania have thousands of complaints posted in numerous websites, but you are the only one which posted something about being successful in a court case against them.
Our case…
Summarising, we bought a TV last May (2007) and then we returned it. The refund went through and Pixmania informed us on the 20th June (2007) the money will be credited into our account within 4 working days. No sign of the money yet (November 2007)!!!
Pixmania maintains that the money has been refunded but we have not seen it yet. We have confirmation from our bank that the money never arrived. Trading Standards has been investigating the case and still no progress.
We should have taken Pixmania to court previously, however we were not sure about which address to use when filling the small claims court form.
Is the address: 792 Fulham Road, Fulham, London SW6 5SL?
We are so frustrated with Pixmania’s lack of responsibility. Anyway, we hope that we are as successful as you were in your claims.
By the way, any advise?
Thanks
Yes thats the address to use, most people don't know that they can claim in court, or think its too much hassle, but using claims online its a piece of cake.

Most important, dont let them give you any crap,

This is what I would do.

1, Contact them by email stating that if you don't receive your full refund, or proof of the refund (from their bank including dates and bank account numbers) from them within the next 7 days you will start proceedings to recover the money + COSTS + INTEREST in the small claims court, there is a formula for working out the interest I think on the small claims website and dont forget to add these costs in the summons. (they also gave me bull that they had already sent the refund, but they hadn't), you may also want to send a registered letter stating the same as proof (but do all correspondence by email because its immediate and you have a record of the proceedings), give them your bank account details to transfer the money to.

2, After 7 days, no matter what they have said, if you didnt receive the money then issue the court summons, and again email them to notify them that they will now be liabe for your refund + the costs and the interest because you didnt receive your money within a reasonable time (7 days is plenty of time to make a bank transfer, I think 3 days is usual for businesses)

3, if they then send the money without the court costs and interest after the 7 days (which they did to me) then email them again saying that you will not stop the court summons until they transfer the costs that you warned them that they would be liable for in your initial email giving them sufficient time to send the money.

4, if they then send this, then you can stop the summons on the money claims website.

5, if they don't do any of the above initially (they will try there hardest to get out of it), then just tell them that the summons will stay in force until they pay

6, from what I can remember after they have been issued with the warrant (usually next day) then they have 30 days to pay up, contest it (which they may do) or let it run its course in which case they will get a CCJ and still have to pay up.

7, I think if they contest it then they have another 15 days to make the counter claim (not sure on that, and they may do this to try scare you off) if you are in the right then dont worry about it, with me they took it right to the last few days to pay up, then they were very happy to pay me the money, and asked ever so politely to stop the summons.

8, also state in the summons that they have agreed to refund the money, and say they have sent it, but it has not arrived, its pixmania responsibility to prove they sent the money, not yours to prove that you didn't receive it.

Good luck, let us know how you get on as things progress, but the process could take up to 45 days from when you issue the summons

I will try to see if I still have the copy of the summons I sent them for you to see, pm me with your email address.

and ultimately, I will say this to anybody, if you are in the right and you are not getting anywhere then issue a county court summons, because the last thing anybody wants is a CCJ, its easy and probably the simplest and quickest way of concluding an issue like this.
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Last edited by Cash; 20-11-2007 at 11:06 PM.

  #12  
Old 22-11-2007, 01:49 PM
Indulgence Indulgence is offline
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Thanks a lot Cash,

We have alreday sent the letter to Pixmania in Fulham and we have given them until the 30th of November to pay. If they don't, then we will issue the summons (following your advise).
Thanks so much again.

V
PS. I have tried to send you my e-mail in a personal message but your inbox is full

  #13  
Old 23-11-2007, 01:45 PM
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Originally Posted by Indulgence View Post
Thanks a lot Cash,

We have alreday sent the letter to Pixmania in Fulham and we have given them until the 30th of November to pay. If they don't, then we will issue the summons (following your advise).
Thanks so much again.

V
PS. I have tried to send you my e-mail in a personal message but your inbox is full
I sent you a reply by email ..
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