I sent my Surface Pro 3 for an under warranty exchange due to a battery issue.
But Microsoft received it smashed and returned it to me and voided the warranty.
I am now with a not working device and Microsoft doesn't want to repair it telling me that I didn't packed it well (protected corners with thick napkins and 4 layers of bubble paper and a plastic letter).

I am living in the UK and would like to know if that would work to bring the case to the small claim court or this is already lost?

PS: They told me they have pictures of the received parcel but they can't show me them.


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    Do you have any proof that it wasn't smashed when UPS took it from you? But also - you did not use a box? Just bubble wrap and plastic envelope? – jqning Sep 4 '15 at 15:30
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    Sounds like your title should be "UPS broke my Suface Pro 3". Microsoft didn't break anything... – TTT Sep 4 '15 at 21:18
  • @jqning yes I have a picture just before sending it. And no card board box. – Joan Sep 4 '15 at 22:39
  • @TTT But it is not possible for me to open a case with carrier as I'm not the one that engaged them. – Joan Sep 4 '15 at 23:21

If the facts are that it was intact when UPS took if from you and it was damaged when they delivered it to Microsoft then the problem lies with UPS.

UPS are a common carrier and are responsible for damage in transit. If you engaged UPS then you need to seek compensation from them; if Microsoft engaged them you need to seek compensation from Microsoft (who, in turn, will seek it from UPS).

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