Mobile phone warranty dilemna
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rossmorrison360
Posts: 1 Newbie
Hello,
I took out a mobile contract with EE through a reseller (e2save.com) about 13 months ago. e2save.com provided the phone (Samsung S7 Edge, if relevant), and EE do the contract.
About 3 weeks ago the phone started developing faults and then several days ago it died. I took it to Samsung (who offer a 2 year warranty) who, after opening it up, said it had had unauthorised work done in the past which had voided the warranty - therefore they couldn't repair it. They provided photos of the 'damage' which look pretty tenuous to me, but I'm not an expert so can't really argue. The important point is that I've never had the phone repaired before or even opened it. The damage must have happened prior to sale. Naturally I can't prove this - how can you prove you haven't done something? I wouldn't have ever noticed the damage as you can't (and wouldn't) easily open the phone to get at the battery.
I've emailed the reseller but as they only have a 12 month warranty and I can't prove the damaged occurred before I bought the phone, I can't imagine I'm likely to get very far.
Is this a hopeless case? Or should I argue it's incumbent on Samsung/reseller to prove that I'm responsible for the damage and take it to small claims court if pushed.
Best,
RM
I took out a mobile contract with EE through a reseller (e2save.com) about 13 months ago. e2save.com provided the phone (Samsung S7 Edge, if relevant), and EE do the contract.
About 3 weeks ago the phone started developing faults and then several days ago it died. I took it to Samsung (who offer a 2 year warranty) who, after opening it up, said it had had unauthorised work done in the past which had voided the warranty - therefore they couldn't repair it. They provided photos of the 'damage' which look pretty tenuous to me, but I'm not an expert so can't really argue. The important point is that I've never had the phone repaired before or even opened it. The damage must have happened prior to sale. Naturally I can't prove this - how can you prove you haven't done something? I wouldn't have ever noticed the damage as you can't (and wouldn't) easily open the phone to get at the battery.
I've emailed the reseller but as they only have a 12 month warranty and I can't prove the damaged occurred before I bought the phone, I can't imagine I'm likely to get very far.
Is this a hopeless case? Or should I argue it's incumbent on Samsung/reseller to prove that I'm responsible for the damage and take it to small claims court if pushed.
Best,
RM
0
Comments
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You have a statutory right for up to six years to seek a remedy from the seller if the problem is due to an inherent fault.
You may need to prove that the problem is due to an inherent fault, but cross that bridge if the seller asks for that proof.0 -
You have a statutory right for up to six years to seek a remedy from the seller if the problem is due to an inherent fault.
You may need to prove that the problem is due to an inherent fault, but cross that bridge if the seller asks for that proof.
Given the seller doesn't want to know and the manufacturer says it's been opened I'd say he's at that bridge now.0 -
Samsung's limited warranty is subject to their terms and conditions .
Any rights you have are against the vendor e2save.This is under Consumer Law not any warranty .0 -
rossmorrison360 wrote: »Samsung (who offer a 2 year warranty) who, after opening it up, said it had had unauthorised work done in the past which had voided the warranty - therefore they couldn't repair it.
Was it a "refurbished" phone you purchased from e2save? (assuming they sell such a thing.)Every generation blames the one before...
Mike + The Mechanics - The Living Years0
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