Whatever Happens help (if you have been refused)

[oldskoolstu]

Hi all

 

I just want to share with you part of a letter that helped win my case when DSGi / Whatever Happens refused to either repair, replace or refund my laptop. (Please edit for your own use).

 

On recieving my laptop back unrepaired a note was enclosed with it to advise me the engineer had deemed the damage to be misuse and that this was not covered under the terms and conditions of my policy. This is where my questions and grounds for appeal start to arise.

 

The policy I purchased from the store is called Whatever Happens. Now although I understand that this would have its exclusions, I would see it as appropriate for the engineer to have at least gathered some information from me about the circumstances and how the laptop had become damaged. This did not happen, so the engineer’s evaluation must be based not on what actually happened to cause the damage, but the amount of damage incurred, and therefore my policy cover is not based upon the circumstance or the whatever happened approach, but more the amount of damage that comes about from an accident. It appears that in the process of evaluating any claim if the engineer doubts the claim rather than investigating the circumstances for him/herself and possibly clear up that doubt, the engineer, as a matter of routine simply declines the claim.

 

The next correspondence I received from DSGi was from the office of Mr Garry Parryment this was incredibly short and to the point further clarifying that under section 9 of the terms and conditions it states; The cost of repairing or replacing the product which fails because anyone neglects abuses or Misuse the product.

 

I can only conclude your second decision has been based upon the damage assessed by your first engineer, without a further inspection from an independent third party as I had anticipated and which you indicated in your letter to me mentioned above. This would have given opportunity to gather further information and conclude the claim impartially. I have been very honest with my claim and give a true account of the accident. I have no doubt that your decision to decline my claim based on misuse would have little standing in any small claims court especially in that you have made very little effort to expand on such in your correspondence to myself. I see it as being very difficult to differentiate between misuse and mishap being accidental damage which in my opinion is why you have opted to pursue with this very unjustified approach of a declining my claim on a policy entitled whatever happens.

 

I therefore require a full copy of the engineer's report in question, together with a full detailed explanation from yourselves as to why you have so far failed to repair/replace my laptop.

 

I trust after reading my letter of complaint in appeal you will take this opportunity to amend your second decision please be advised this letter is being sent to Consumers Advice, Trading Standards and The Office Of Fair Trading. I feel it necessary to make you aware that if I do not hear from you in writing within a period of 14 days, that I will have no alternative but to seek redress through the Small Claims Court.

 

I hope that this helps as it certainly helped me and I got a full refunded credit !

 

Could this possibly be made a sticky please ?

Edited July 8, 2010 by oldskoolstu

[Conniff]

I would say that the majority of claims come back with the 'misuse' excuse in an attempt to shirk their responsibility. It would seem they have a standard letter already printed off for this as they seem to be issueing so many.

 

It's the same old thing, they try to get away with it until they receive a court summons and then pay out.

 

There is a large number of threads and posts on here on the subject of 'Whatever Happens'.

[labrat]

true they are rejecting alot

 

however having seen some of the laptops that go in some do deserve rejecting...

 

im not going to give specific examples for obvious reasons but lets just say cooked, 7/8 peices, and others are commonly rejected

 

if i ever quit ill write a blog

[AshBlackler]

Thank you for this post. Im sure it will help me in this same situation. If I send you a private message, would you be willing to give me some advise on this issue please ?

 

How long did the whole process take? Just out of curiosity.

 

Ash

[mmuk71]

Hi I am also facing the same problem would you be kind to guide me further please

Hi all

 

I just want to share with you part of a letter that helped win my case when DSGi / Whatever Happens refused to either repair, replace or refund my laptop. (Please edit for your own use).

 

On recieving my laptop back unrepaired a note was enclosed with it to advise me the engineer had deemed the damage to be misuse and that this was not covered under the terms and conditions of my policy. This is where my questions and grounds for appeal start to arise.

 

The policy I purchased from the store is called Whatever Happens. Now although I understand that this would have its exclusions, I would see it as appropriate for the engineer to have at least gathered some information from me about the circumstances and how the laptop had become damaged. This did not happen, so the engineer’s evaluation must be based not on what actually happened to cause the damage, but the amount of damage incurred, and therefore my policy cover is not based upon the circumstance or the whatever happened approach, but more the amount of damage that comes about from an accident. It appears that in the process of evaluating any claim if the engineer doubts the claim rather than investigating the circumstances for him/herself and possibly clear up that doubt, the engineer, as a matter of routine simply declines the claim.

 

The next correspondence I received from DSGi was from the office of Mr Garry Parryment this was incredibly short and to the point further clarifying that under section 9 of the terms and conditions it states; The cost of repairing or replacing the product which fails because anyone neglects abuses or Misuse the product.

 

I can only conclude your second decision has been based upon the damage assessed by your first engineer, without a further inspection from an independent third party as I had anticipated and which you indicated in your letter to me mentioned above. This would have given opportunity to gather further information and conclude the claim impartially. I have been very honest with my claim and give a true account of the accident. I have no doubt that your decision to decline my claim based on misuse would have little standing in any small claims court especially in that you have made very little effort to expand on such in your correspondence to myself. I see it as being very difficult to differentiate between misuse and mishap being accidental damage which in my opinion is why you have opted to pursue with this very unjustified approach of a declining my claim on a policy entitled whatever happens.

 

I therefore require a full copy of the engineer's report in question, together with a full detailed explanation from yourselves as to why you have so far failed to repair/replace my laptop.

 

I trust after reading my letter of complaint in appeal you will take this opportunity to amend your second decision please be advised this letter is being sent to Consumers Advice, Trading Standards and The Office Of Fair Trading. I feel it necessary to make you aware that if I do not hear from you in writing within a period of 14 days, that I will have no alternative but to seek redress through the Small Claims Court.

 

I hope that this helps as it certainly helped me and I got a full refunded credit !

 

Could this possibly be made a sticky please ?