Legal Question in Consumer Law in District of Columbia
Lost Item During Repair
We sent in our Motorola cellphone to Motorola in November 2006. We followed up on the repair in Jan and was told it was repaired and being deliviered. After a few weeks we checked the status again and they replied that it was sent. When we did not receive the phone we called again. They told us they sent it and gave us a tracking number. We contacted UPS who told us the number was for a different person and that they reported our package was lost and sent the paperwork to Motorola. Motorola promised to send us a replacement phone a month ago, and when I just called they hadn't placed the order. What legal course do I have since we have been without the phone for 8 months, we have spent monies on long distance calls tracking this down. (We live in China due to my job.) We have been told on two occasions they would replace the phone, we have been told on numerous occasions they sent the phone, etc... Please advise. I think 8 months is way too long and they knew the phone was lost months ago but kept telling us it was sent. Thanks. (Repair center is in the US.)
2 Answers from Attorneys
Re: Lost Item During Repair
Your quicker and likely cheaper remedy
in the long run is probably just to forget about Motorola(except for making the demand that they refund your money for a phone that was never delivered) and order a phone from another supplier(perhaps, one based in China).
Re: Lost Item During Repair
I assume you filed a claim with the carrier? If Motorola gave you a tracking number and the carrier told you it was for another customer that may be false, I would file a formal claim with the carrier and then address the failure to send with the Motorola, breach of warranty, etc..
Assuming some letter writing and claims filing fail your remedy will be in small claims court since I guess the value of the phone is pretty low.
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