Reply to: Can I take legal action against Samsung for loss of data on faulty tablet

[Old Greg]

Tell them it's got pictures of MF's missus naked on it and they may pay it uncontested.

Pre or post patio?

[Safe Collections]

They have told me if I proceed they will seek to claim their legal costs from me. How likely is it I will have to pay their legal costs if I lose and have I got a case I can win?

Just to clarify on this one point, costs (beyond those fixed by the courts) are very rarely awarded for either party in a small claim. However a court may decide to award one party costs if the court believes the other party has behaved unreasonably.

Refusing to accept a sensible offer or claiming an excessive sum in alleged damages could both potentially fall foul of this requirement.

[d000hg]

Can't you get the family to recreate the videos? Or just wait until December?

[BR14]

In case you hadn't already grasped the fact, you're buggered. If you sue anyone, you might as well set fire to your house (although if you have a very large bank balance, it might just be cheaper to sue). You have just learned a very valuable lesson though. Put everything you don't want to lose on some sort of backup device. A memory card will do, or if you want to be a cheapskate, email it to yourself on a gmail account. Still, you're a numpty, get over it and stop being an even bigger numpty.

I never thought i'd see the day, but hear, hear

[Mordac]

In case you hadn't already grasped the fact, you're buggered. If you sue anyone, you might as well set fire to your house (although if you have a very large bank balance, it might just be cheaper to sue). You have just learned a very valuable lesson though. Put everything you don't want to lose on some sort of backup device. A memory card will do, or if you want to be a cheapskate, email it to yourself on a gmail account. Still, you're a numpty, get over it and stop being an even bigger numpty.

[northernladuk]

Tell them that if they insist on going to court, you'll add an extra zero to the value of the photos you didn't back up. That'll learn em.

Tell them it's got pictures of MF's missus naked on it and they may pay it uncontested.

[DeludedKitten]

Tell them that if they insist on going to court, you'll add an extra zero to the value of the photos you didn't back up. That'll learn em.

[gables]

I received a Samsung tablet Xmas Day. I took photos and videos on Christmas Day with it. Three months later it just imploded and stopped working. I asked Samsung to fix it but they said they will take it and reset the memory. Which I didn't want to happen.

I am currently locked in battle with Samsung they are arguing that it states in the warranty card that they are not responsible for the loss of data. I am arguing that it was unforeseeable and unreasonable top of the range product would just stop working and therefore they are responsible. Can I argue that the term in the warranty card is unfair?

They have offered to try and fix my tablet, pay me the £105 MCOL fee and a £100 sign of goodwill.

I have asked for £2,800 for the loss of the family videos and photos and £200 for the value of the tablet.

They have told me if I proceed they will seek to claim their legal costs from me. How likely is it I will have to pay their legal costs if I lose and have I got a case I can win?


It doesn't sit right with me that a company can produce a product then if it just breaks 3 moths later cannot be held accountable for any data loss.

I would think if you lose it will be very likely you have to pay their costs, as you brought about the action, but then IANAL

[northernladuk]

Yes you can.

Thank fook you didn't ask "Should I take legal action against Samsung for loss of data on faulty tablet"

(Mods can we move to General please)

To be fair the OP posted it in there first

[Old Greg]

I received a Samsung tablet Xmas Day. I took photos and videos on Christmas Day with it. Three months later it just imploded and stopped working. I asked Samsung to fix it but they said they will take it and reset the memory. Which I didn't want to happen.

I am currently locked in battle with Samsung they are arguing that it states in the warranty card that they are not responsible for the loss of data. I am arguing that it was unforeseeable and unreasonable top of the range product would just stop working and therefore they are responsible. Can I argue that the term in the warranty card is unfair?

They have offered to try and fix my tablet, pay me the £105 MCOL fee and a £100 sign of goodwill.

I have asked for £2,800 for the loss of the family videos and photos and £200 for the value of the tablet.

They have told me if I proceed they will seek to claim their legal costs from me. How likely is it I will have to pay their legal costs if I lose and have I got a case I can win?


It doesn't sit right with me that a company can produce a product then if it just breaks 3 moths later cannot be held accountable for any data loss.

Get Apple to fund your legal case.

[SimonMac]

Can I take legal action against Samsung for loss of data on faulty tablet

Yes you can.

Thank fook you didn't ask "Should I take legal action against Samsung for loss of data on faulty tablet"

(Mods can we move to General please)

[MonkeysUncle]

Don't forget to stamp your feet when you tell them it's not fair.

I hear tears work really well for Samsung...Not so much for Apple

[northernladuk]

Don't forget to stamp your feet when you tell them it's not fair.

[Hobosapien]

They express no warranty for loss of data due to the value of such data being an arbitrary amount, such as £2800.

It is expected that anyone using a device to capture personally valuable data takes responsibility in mitigating the loss of such data by way of backups.

Accidental damage or theft would have left you in the same crappy position.

Do whatever you feel is right regarding the legal action but I'd be looking at ways of recovering the data, either DIY (see what details are available on line for extracting the storage card/drive to see if it is dead or accessible) or investigating using a data recovery service.

I would't trust a corporation such as Samsung to not delete the data as part of any agreed rectifying of goods. So would need to see if they would still honour the warranty after taking steps to recover the data.

You could try claiming on your house contents insurance (for accidental damage) as they will likely not need to take the faulty item so you are left with the ability to try to get the data retrieved and also not out of pocket for the device.

[northernladuk]

Three months later it just imploded and stopped working.

Ah, accurate descriptions of events are a sure way to win a case... aren't they?

They have offered to try and fix my tablet, pay me the £105 MCOL fee and a £100 sign of goodwill.

That's gonna be tough if it's imploded.

I have asked for £2,800 for the loss of the family videos and photos and £200 for the value of the tablet.

£200 for value of a tablet
£2800 for the loss of family videos
Free cloud storage - Priceless...

Honestly. 2800 for some photos from 6 months ago? They must have pissed themselves laughing when that demand landed.

They have told me if I proceed they will seek to claim their legal costs from me. How likely is it I will have to pay their legal costs if I lose and have I got a case I can win?

100%. No.
They are likely to sue you for £2.5mil for hurt feelings as well.

It doesn't sit right with me that a company can produce a product then if it just breaks 3 moths later cannot be held accountable for any data loss.

Sometimes personal responsibility > Warranty.