Carphone Warehouse and faulty phone

2

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  • wealdroam
    wealdroam Posts: 19,181
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    As an initial response on Resolver I am thinking of replying with this:

    Thank you for your response, you are correct that it is not the response I would have liked from you.
    I know from past experience that a repair would cause further unwanted inconvenience.
    You have already replaced the handset and this has been repaired on two occasions, so I reject your offer of a third repair.
    I re-iterate that a replacement is required (new not a refurbished model as this could potentially have further problems) I understand that this is reasonable under the Consumer rights act 2015.


    Am I on the right lines?
    A new replacement is not reasonable.
    You are returning a phone that is nearly two years old.
    Any replacement should be on a like for like basis but if a replacement is decided upon then a reconditioned phone is perfectly reasonable.

    The Consumer Rights Act allows you to express your choice of remedy, but you cannot force the seller to provide a disproportionate remedy. Than means the seller can choose the most cost effective remedy.

    After one repair you can reject the goods for a refund, but the seller can reduce that refund to take account of the use you have had. It may not be a good idea to force a refund.

    I suspect a replacement would be more expensive than a repair, so if you don't want to force a refund, you may be left with no alternative than accepting a repair.

    Also note that any remedy must be provided in a timely manner and without causing a significant inconvenience.
  • gillybean129
    gillybean129 Posts: 165 Forumite
    wealdroam wrote: »
    A new replacement is not reasonable.
    You are returning a phone that is nearly two years old.
    Any replacement should be on a like for like basis but if a replacement is decided upon then a reconditioned phone is perfectly reasonable.

    The Consumer Rights Act allows you to express your choice of remedy, but you cannot force the seller to provide a disproportionate remedy. Than means the seller can choose the most cost effective remedy.

    After one repair you can reject the goods for a refund, but the seller can reduce that refund to take account of the use you have had. It may not be a good idea to force a refund.

    I suspect a replacement would be more expensive than a repair, so if you don't want to force a refund, you may be left with no alternative than accepting a repair.

    Also note that any remedy must be provided in a timely manner and without causing a significant inconvenience.

    Thank you

    I get what you are saying however I think by accepting a refurbished model it's a whole new load of problems.

    Also it states this, wouldn't I be covered under this section?

    If a repair or replacement is not possible, or the attempt at repair fails, or the first replacement also turns out to be defective, you have a further right to receive a refund of up to 100% of the price you paid, or to reject the goods for a full refund.
  • wealdroam
    wealdroam Posts: 19,181
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    edited 10 July 2017 at 6:12PM
    Thank you

    I get what you are saying however I think by accepting a refurbished model it's a whole new load of problems.

    Also it states this, wouldn't I be covered under this section?

    If a repair or replacement is not possible, or the attempt at repair fails, or the first replacement also turns out to be defective, you have a further right to receive a refund of up to 100% of the price you paid, or to reject the goods for a full refund.
    Not too sure what you are quoting from but Section 24 of The Consumer Rights Act includes:
    (8) If the consumer exercises the final right to reject, any refund to the consumer may be reduced by a deduction for use, to take account of the use the consumer has had of the goods in the period since they were delivered...

    Also note that if you were to accept a (partial) refund, the seller is not obliged to sell you another phone.
    That just means that the final right to reject the goods does not include the right to a replacement.

    Edited to add:
    I now see you are quoting from the Which website. Whilst that statement is true during the first six months following the sale, Which have decided, for whatever reason, not to mention that the refund can be reduced after that six months use.
  • gillybean129
    gillybean129 Posts: 165 Forumite
    So with this in mind is my best case scenario a (used) replacement do you think?
  • wealdroam
    wealdroam Posts: 19,181
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    So with this in mind is my best case scenario a (used) replacement do you think?
    Entirely up to you.

    Just to add that technology products, like phones, tend to lose a lot of their value during their early life, so a refund might not be anywhere near what you might hope for.

    And for a bit of balance, a refurbished phone, if you can force a replacement, may well be almost new - just had the box opened.

    I have tried to point out things you need to consider, but what you do with that information is your choice. ;)
  • gillybean129
    gillybean129 Posts: 165 Forumite
    wealdroam wrote: »
    Entirely up to you.

    Just to add that technology products, like phones, tend to lose a lot of their value during their early life, so a refund might not be anywhere near what you might hope for.

    And for a bit of balance, a refurbished phone, if you can force a replacement, may well be almost new - just had the box opened.

    I have tried to point out things you need to consider, but what you do with that information is your choice. ;)

    Thank you this is helpful
  • gillybean129
    gillybean129 Posts: 165 Forumite
    So I sent off my response and I have received a somewhat contradictory reply....comments please!

    Thank you for your further email.

    If the device is booked in for a third time we would look at getting your device exchanged instead of attempting to repair the device. We would not be able to replace the device for a new one for you.

    In order for Carphone Warehouse to get the device exchanged we would need the device to be brought back to store so we can get the device logged back into our repair centre for the faults to be checked by an engineer.
  • I re-iterated I wanted a replacement under the Consumer Rights Act they are still wanting to send it off before they'd consider replacing, they will probably send the same one back and I really feel enough is enough and it means just as much inconvenience waiting for their engineers to decide if they should replace it, here is their response...

    Manufacturer specifications require us to make sure that the handset fault is investigated by trained engineers. Unfortunately at this time we don't have engineers with the required expertise at any of our retail branches. I can only apologise for the inconvenience but we would need to send the handset to our repair centre before a replacement can be arranged.

    I appreciate this may not be the answer you were looking for. However, it complies with Carphone Warehouse repairs policies and procedures, Consumer Law and the manufacturer's warranty.
  • wealdroam
    wealdroam Posts: 19,181
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    I re-iterated I wanted a replacement under the Consumer Rights Act they are still wanting to send it off before they'd consider replacing, they will probably send the same one back and I really feel enough is enough and it means just as much inconvenience waiting for their engineers to decide if they should replace it, here is their response...

    Manufacturer specifications require us to make sure that the handset fault is investigated by trained engineers. Unfortunately at this time we don't have engineers with the required expertise at any of our retail branches. I can only apologise for the inconvenience but we would need to send the handset to our repair centre before a replacement can be arranged.

    I appreciate this may not be the answer you were looking for. However, it complies with Carphone Warehouse repairs policies and procedures, Consumer Law and the manufacturer's warranty.
    I don't think they're being unreasonable.
  • I think it's just the inconvenience, if they are offering to replace they why can't we do just that, exchange straight away instead of their engineers checking it yet again and who knows they could send the same one straight back - with the same fault to develop soon after

    In all we have probably had it with them for 2 months + now and further inconvenience is really annoying
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