iPod Touch came back from repair still broke, all scratched

When I purchased the ipod touch I also paid for a 3 year extended warranty but that’s not directly with Apple. Apple only covers the first year. It was working fine for just over a year then transferring songs to my ipod touch began to take ages, I’ve tried a lot of things to resolve the issue but no luck. Other ipod touches work fine on my computers.
So I made a claim, the insurance company had me send it to an ipod repair clinic. They had it for a month, it came back with a letter saying it was apparently fixed plus the back covered in scratches. I phoned the insurance company and complained, now the ipod repair clinic is saying I sent the ipod to them already scratched and that the ipod has a software issue. I think they got mad that I made the complaint and then said it was a software issue because they know that apparently the warranty doesn’t cover that.
So I’m left with the same ipod with added scratches and the insurance company won’t replace it with another one or vouchers to cover the cost. Anything I can do other than phone trading standards/citizens advice?
Answer #1
sue them?
Answer #2
I work in customer services in a large retailer, and when we get problems like these we usually ask to check the guarantee. Was it to cover accidental damage or just manufacture issues? They would deem scratches as “accidental damage” so if you extended guarantee only covers issues with the unit itself (such as hardware problems and faults) they may not do anything about it, even if they scratched it. You’ll have to prove it, and without any photos of it in the condition you sent it you’ll struggle with that.
All I imagine you could do is to kick up a fuss with the insurance company and threaten to leave them or talk to a manager. People get awfully compliant when you threaten to terminate their services.
Answer #3
The warranty was just a one time payment so I can’t really terminate anything its a HMV insurance cover with Allianz Schemes. Regarding the scratches I realise nothing can be done about that but I’m just disappointed of the condition it came back in. The main concern is the ipod didn’t get fixed and I can’t seem to claim for a replacement because the ipod repair clinic told the insurance company (Allianz) its a software problem. The warrenty covers electrical and machanical breakdown at the expiry of the manufaturer’s gaurentee. It also covers accidental damage. The terms and conditions says if they can’t fix it they will replace it with the same same or equivalent product or offer a gift card for the shop I bought it from (HMV) at the cost of the original purchase price. The insurance expires if they replace or offer the gift card. I’ve looked in the terms and conditions and it doesn’t say anything about them not covering software problems.
Answer #4
If it’s not been fixed then you definitely have an issue. You need to keep records of all communications you have with the company. Do you have any physical proof that the repair clinic said it was a software issue (not that I’m doubting you, just for trading standards).
If you can’t terminate the insurance like you would if you took the policy out yourself, then you’ll just have to try again. Document the time, date and who you spoke to as well as the outcome of all conversations so you have something to take to trading standards if nothing comes out of it. They’re not fulfilling their contract so you definitely have legal recourse.
Answer #5
i suppose that you should be able to ask to speak with the manager and if they turn you away, start taking up their time by demanding after asking nicely.
Answer #6
I have a document which I made with the details and dates, reference numbers etc of the outcome of all my phone conversations. The only proof I had that the repair clinic said it was a software issue was in a answer phone message from Allianz. Allianz are waiting for a detailed report back from the repair clinic so I assume it will written it down on there to. I have proof of a piece of paper that the repair centre sent me saying the device was fixed so I don’t know why there changing there story.
I’ve just emailed consumer direct for some more advice, then I guess I will have to contact trading standards. I phoned apple and they seemed quite familiar with my ipod touch problem but they want a lot of money to fix it. Also I spoke to the manager in HMV and she seemed happy to replace the ipod with vouchers to cover the cost but she said I have to go through the Allianz ensurance company but there the ones who arn’t cooperating and as you said not fulfilling their contract.