Welcome to the CrackBerry Forums Create Your Account or Ask a Question Answers in 5 minutes - no registration required!
Page 1 of 2 12 LastLast
Results 1 to 25 of 44
  1. Prashil's Avatar
    CrackBerry User

    Posts
    94 Posts
    PIN
    THE TAIL ON THE DONKEY
    Thread AuthorThread Author   #1  

    Default Need your opinions....who is responsible???

    I was at a applebee's restaruant and the waitress spilled an entire tray of water on my 9550. I took out the battery and took it to the bathroom to try and dry it with the hand dryer. The manager came later to take a look at it and it wasn't responding to touch very well. He told me to go buy another one and he would take care of it. A few days later it just completley stopped turning on, so I bought another one for almost 600 bucks out of contract. Faxed over the receipts to them and they thought it was too expensive. Now they are only going to offer me $300 because they say I should have never had my phone out on the table in the first place. I dont know if I should accept the money or take them to small claims court. what would you do?
  2. greydarrah's Avatar
    CrackBerry Genius

    Posts
    2,853 Posts
    Global Posts
    5,830 Global Posts
    #2  

    Default

    If you don't have a lawyer that can write them a letter, I'd write my own to the manager and send a copy to his boss, probably a regional or district manager. There is no reason for you not to have your phone on the table and it's totally their fault. I think the letter will get you paid without the hassle of going to court. A letter from a law firm (but don't fake your own) would work best.

    If you write your own letter, tell them that you'll be happy to get your lawyer involved, but that will just add to the bill.
    Last edited by grey; 04-09-2010 at 01:41 PM.
    Semper Fi
  3. Prashil's Avatar
    CrackBerry User

    Posts
    94 Posts
    PIN
    THE TAIL ON THE DONKEY
    Thread AuthorThread Author   #3  

    Default

    Quote Originally Posted by grey View Post
    If you don't have a lawyer that can write them a letter, I'd write my own to the manager and send a copy to his boss, probably a regional or district manager. There is no reason for you not to have your phone on the table and it's totally their fault. I think the letter will get you paid without the hassle of going to court. A letter from a law firm (but don't fake your own) would work best.

    I dont have a lawyer. I talked to the regional manager too and he's the one being a hard@ss. Told me that the franchise owners didnt want to pay anything and he is being generous by giving me the $300. It sucks cause if I wanna take them to small claims court, I'm going to have to file it in their county which is about 2 hours away. I was thinking about accepting the $300 and then going after them for the rest of the money.
  4. FuzzyB's Avatar
    CrackBerry Addict

    Posts
    852 Posts
    Global Posts
    988 Global Posts
    #4  

    Default

    Quote Originally Posted by grey View Post
    If you don't have a lawyer that can write them a letter, I'd write my own to the manager and send a copy to his boss, probably a regional or district manager. There is no reason for you not to have your phone on the table and it's totally their fault. I think the letter will get you paid without the hassle of going to court. A letter from a law firm (but don't fake your own) would work best.
    I concur with this...but I think before I would get a lawyer involved I would try to go above the managers head. They owe you.
  5. WhoolioPreludee's Avatar
    CrackBerry Master

    Posts
    1,073 Posts
    Global Posts
    1,114 Global Posts
    PIN
    The Tail On The Donkey
    #5  

    Default

    that manager's got some nerve. he|| yes take it up with his superiors. that will teach him a lesson.
  6. greydarrah's Avatar
    CrackBerry Genius

    Posts
    2,853 Posts
    Global Posts
    5,830 Global Posts
    #6  

    Default

    Quote Originally Posted by Prashil View Post
    I dont have a lawyer. I talked to the regional manager too and he's the one being a hard@ss. Told me that the franchise owners didnt want to pay anything and he is being generous by giving me the $300. It sucks cause if I wanna take them to small claims court, I'm going to have to file it in their county which is about 2 hours away. I was thinking about accepting the $300 and then going after them for the rest of the money.
    He's just seeing if he can bully you into settling for less. If it was me, I'd find out who his boss is as well as that persons boss and copy them all on the letter. If you accept the $300, the legal world (I'm not a lawyer) might see that as your acceptance of the matter being settled with no options of further payment available. I think if you get 2 or 3 levels of bosses above him and send them all the same letter, I think you'll get paid.
    Semper Fi
  7. hydroz_23's Avatar
    CrackBerry Master

    Posts
    1,375 Posts
    Global Posts
    1,432 Global Posts
    #7  

    Default

    If you have the time for court than go ahead. I would just return the $600 phone and take the money and buy on off ebay. Did your other one have insurance? if so just do a claim and pocket some cash!
  8. Prashil's Avatar
    CrackBerry User

    Posts
    94 Posts
    PIN
    THE TAIL ON THE DONKEY
    Thread AuthorThread Author   #8  

    Default

    Another thing to consider is that the judge might agree that they are responsible for the true value of the phone. Since the phone wasn't new, that they are only liable to replace it with one that is used. Therefore, they might find prices on ebay and award me the median value of used 9550s.
  9. Mr. Orange 645's Avatar
    CrackBerry Genius

    Posts
    1,858 Posts
    Global Posts
    1,967 Global Posts
    PIN
    Only my hairdresser knows for sure!
    #9  

    Default

    This is the exact type situation where having Pre-Paid Legal comes in very handy.

    Posted from my CrackBerry at wapforums.crackberry.com
  10. paulwright1's Avatar
    CrackBerry Genius of Geniuses

    Posts
    5,204 Posts
    #10  

    Default

    Quote Originally Posted by hydroz_23 View Post
    If you have the time for court than go ahead. I would just return the $600 phone and take the money and buy on off ebay. Did your other one have insurance? if so just do a claim and pocket some cash!

    I would go this route if its an option.
  11. pilsbury's Avatar
    CrackBerry Genius

    Posts
    3,185 Posts
    Global Posts
    3,806 Global Posts
    PIN
    iMessenger
    #11  

    Default

    If you accept the $300, even though its only half, it will be considered as payment in full.
    iPhone 4S Jailbroken
    iPad 3rd Generation Jailbroken
    Apple TV
  12. greydarrah's Avatar
    CrackBerry Genius

    Posts
    2,853 Posts
    Global Posts
    5,830 Global Posts
    #12  

    Default

    Quote Originally Posted by Prashil View Post
    Another thing to consider is that the judge might agree that they are responsible for the true value of the phone. Since the phone wasn't new, that they are only liable to replace it with one that is used. Therefore, they might find prices on ebay and award me the median value of used 9550s.
    Just do the research on their chain of command and write the letter. I think it they will pay.

    +1 on the Pre Paid Legal avenue, but it's too late for this situation.
    Semper Fi
  13. hydroz_23's Avatar
    CrackBerry Master

    Posts
    1,375 Posts
    Global Posts
    1,432 Global Posts
    #13  

    Default

    $300 is much more than you would get from a lot of other companies if anything
  14. #14  

    Default

    this is why you have insurance! wow
    ~Matt
    Nexus 5, Z10 LE, White Lumia 521, 32GB Nook HD+ & 16GB PB, 32 GB Dell Venue 8 Pro
    @howarmat
  15. Masahiro's Avatar
    CrackBerry Genius

    Posts
    4,270 Posts
    #15  

    Default

    The manager said he'd "take care of it" after telling you to buy another one. He can't simply back out of a statement like that.
  16. wdfly's Avatar
    CrackBerry Abuser

    Posts
    150 Posts
    Global Posts
    171 Global Posts
    #16  

    Default

    File a suit in small claims court. Most likely they will settle or you will win hands down. Do you have a witness to them offering to replace it?

    Posted from my CrackBerry at wapforums.crackberry.com
  17. Prashil's Avatar
    CrackBerry User

    Posts
    94 Posts
    PIN
    THE TAIL ON THE DONKEY
    Thread AuthorThread Author   #17  

    Default

    Quote Originally Posted by wdfly View Post
    File a suit in small claims court. Most likely they will settle or you will win hands down. Do you have a witness to them offering to replace it?

    Posted from my CrackBerry at wapforums.crackberry.com
    my entire family. about 10 people
  18. Saukrateaz's Avatar
    CrackBerry Abuser

    Posts
    306 Posts
    Global Posts
    399 Global Posts
    #18  

    Default

    I agree, don't take the $300. There are no rules against having your phone on the table, so that excuse is out. They can't offer depreciated value because you could always turn around and say you had data on your phone that was lost due to this and that could be worth more (in the courts eyes) than the $600 you paid for the phone. If you go to court also include data loss in the suit and add for that. That will at least scare them a little more and see 600 as an easy way out.
    "When you do the common things in life in an uncommon way, you will
    command the attention of the world."

    George Washington Carver


    CB Feedback
  19. sasha#WN's Avatar
    CrackBerry User

    Posts
    62 Posts
    Global Posts
    63 Global Posts
    PIN
    Not Likely
    #19  

    Default

    Wow that really does suck, you can try to go over his head and write the letters not sure how much good that will do you. If going to court you gonna have to consider the phone has depreciated in value so giving you the full price of a new phone is not gonna happen. Not to mention your at a restaurant where food is being served and you have your 600.00 dollar phone on the serving table. The judge may decide to make you both share the responsibility in which case the 300.00 bucks is fair.
    I have Evo_lved!
  20. nyc_rock's Avatar
    CrackBerry Master

    Posts
    1,402 Posts
    Global Posts
    2,527 Global Posts
    #20  

    Default

    Negotiate with the manager. Tell him 450 and you will consider the matter closed.
  21. Bob61's Avatar
    CrackBerry Genius

    Posts
    1,515 Posts
    Global Posts
    1,940 Global Posts
    #21  

    Default

    Quote Originally Posted by howarmat View Post
    this is why you have insurance! wow
    Based on my experience, cell phone insurance is a waste of $$. I think back over the years I've owned my cell phones, I'd have been a total fool to take out insurance. With 4 phones in the family, over the past 7 years I'd have spent $2,000 on insurance (at $6/mo). If I have a claim I'd pay another $50-70 deductible. Seems foolish to me....

    Knock on wood, ZERO need to replace any phone due to accidental damage or non-covered warranty on any of the phones. I can buy several phones with the amount I've kept in my pocket.

    My advice to OP, screw getting a lawyer involved. Problem in our country today is no one wants to admit any fault and jumps to suing someone. Only ones who always win on this it the lawyer. If you went to court you may find the judge finds you partially at fault. Restaurant will probably put up an argument that you can't expect a table top in a restaurant to be totally free from any food drops, spills, etc. Your call if your time is worth the couple hundred dollars difference to take to small claims court.

    Try to negotiate with the regional or district manager see if you can get him to increase his settlement. In mean time I'd shop for a good used replacement (check the marketplace) you'll beat the cost of the "new" phone from VZW. Maybe use this as leverage with the manager to ask them to cover the expense to replace with "same condition" used phone. Return phone to VZW in next 30 days for refund.

    Also, if this happens again, GET IT IN WRITING at the time the manager makes an offer. And, keep the phone in your pocket in the future
    - RIP Storm, Now Rockin' with DroidX and haven't looked back - [My Themes]
  22. #22  

    Default

    i only got 1 phone and have been switching at the 1 year mark, so i dont mind paying it really
    ~Matt
    Nexus 5, Z10 LE, White Lumia 521, 32GB Nook HD+ & 16GB PB, 32 GB Dell Venue 8 Pro
    @howarmat
  23. joryoung's Avatar
    CrackBerry Addict

    Posts
    556 Posts
    Global Posts
    572 Global Posts
    #23  

    Default

    They are absolutely to blame their servers aren't supposed to spill water on you're table. If you were at a water park and dropped you're phone in the pool that would be you're fault.
    Check out my reviews
    Decalgirl skins http://forums.crackberry.com/f120/de...review-417456/
    MotoRokR S9-HD Bluetooth headphoneshttp://forums.crackberry.com/f120/mo...review-405283/
    BeNexus theme by AHaz and JMal Designshttp://forums.crackberry.com/f121/be...review-403910/
    Follow me on twitter! @joryoung
  24. itsdollar's Avatar
    CrackBerry Genius

    Posts
    1,743 Posts
    Global Posts
    2,057 Global Posts
    #24  

    Default

    Quote Originally Posted by Teasem View Post
    Wow that really does suck, you can try to go over his head and write the letters not sure how much good that will do you. If going to court you gonna have to consider the phone has depreciated in value so giving you the full price of a new phone is not gonna happen. Not to mention your at a restaurant where food is being served and you have your 600.00 dollar phone on the serving table. The judge may decide to make you both share the responsibility in which case the 300.00 bucks is fair.
    See quotes above. In this case I wouldn't go the lawyer route since you didn't have a new phone and the costs may be more unless you are doing it out of principle. Try to settle with them but get some prices and show them you did some research. Write a letter to the CEO/Regional Manager/ General Manager/Local news also. They don't like bad business.
  25. irishguy0224's Avatar
    CrackBerry Abuser

    Posts
    344 Posts
    Global Posts
    461 Global Posts
    PIN
    Stalker much?
    #25  

    Default

    in the united states a verbal agreement is binding by law. He has to cover the cost by law.
    The Evolution
    Storm1 --> Storm 2 --> Touch Pro 2 -->Droid/Tour --> Incredible --> Fascinate
Page 1 of 2 12 LastLast

Posting Permissions