Phone sent back for repair
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Twisted_Spirit
Posts: 67 Forumite
Hi
I sent a mobile phone back for repair but they couldn't recreate the fault.
As it is less than six months old the consumer rights act states "the law assumes that the fault was inherent in the phone unless the retailer can actually prove otherwise".
How can I prove that there is a fault other than telling them there is a fault.
Sony Xperia E5 - Periodically the screen goes black and requires a hard reboot (power and volume up button) to get it to come back on.
No other method works unless you leave it for 2-3 hours then it sometimes fixes itself.
Thanks
I sent a mobile phone back for repair but they couldn't recreate the fault.
As it is less than six months old the consumer rights act states "the law assumes that the fault was inherent in the phone unless the retailer can actually prove otherwise".
How can I prove that there is a fault other than telling them there is a fault.
Sony Xperia E5 - Periodically the screen goes black and requires a hard reboot (power and volume up button) to get it to come back on.
No other method works unless you leave it for 2-3 hours then it sometimes fixes itself.
Thanks
0
Comments
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I should point out that I bought the phone through work so is it a business to business transaction?0
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Who did you pay? Your employer?Twisted_Spirit wrote: »I should point out that I bought the phone through work so is it a business to business transaction?
If so, you may have consumer rights with/against your employer.
You might want to consider your future employment prospects before being too hasty.0 -
Sorry, I meant it is a company phone. Work paid for phone for work usage.0
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Who actually "owns" the phone? Did your work give you the money for the phone or did they purchase it for you?Twisted_Spirit wrote: »Sorry, I meant it is a company phone. Work paid for phone for work usage.
Regardless, you have no consumer rights regarding it as it's a b2b contract.0 -
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You have the upper hand in this case. According to the Consumer Rights Act the product you buy must be fit for purpose, of satisfactory quality and be as described. In this case the phone has a fault and you are entitled to a replacement, repair or full refund. As the fault has developed within six months, the law suggests that the fault was inherent. The only exception is if the retailer can prove otherwise.
In this case the retailer has sent the phone to technicians who have stated that they have found no faults. Your dilemma is that the phone is not fit for purpose. You use it for business but the use is disrupted by the fault that causes the screen to periodically go black and requires a hard reboot.
To go forward in this case you should record when the problem occurs. This gives evidence that proves your case. To get more solid evidence you should take the phone to a repair shop that can confirm that the phone has the faults that you describe and that it's not fit for purpose.
When you have all the evidence, complain in writing to the store's manager demanding your rights. A replacement, repair or full refund.0 -
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