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  • FIRST POST
    • Twisted Spirit
    • By Twisted Spirit 7th Jul 17, 12:37 PM
    • 57Posts
    • 24Thanks
    Twisted Spirit
    Phone sent back for repair
    • #1
    • 7th Jul 17, 12:37 PM
    Phone sent back for repair 7th Jul 17 at 12:37 PM
    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
Page 1
    • Twisted Spirit
    • By Twisted Spirit 7th Jul 17, 12:48 PM
    • 57 Posts
    • 24 Thanks
    Twisted Spirit
    • #2
    • 7th Jul 17, 12:48 PM
    • #2
    • 7th Jul 17, 12:48 PM
    I should point out that I bought the phone through work so is it a business to business transaction?
    • wealdroam
    • By wealdroam 7th Jul 17, 1:09 PM
    • 18,648 Posts
    • 15,549 Thanks
    wealdroam
    • #3
    • 7th Jul 17, 1:09 PM
    • #3
    • 7th Jul 17, 1:09 PM
    I should point out that I bought the phone through work so is it a business to business transaction?
    Originally posted by Twisted Spirit
    Who did you pay? Your employer?

    If so, you may have consumer rights with/against your employer.

    You might want to consider your future employment prospects before being too hasty.
    • Twisted Spirit
    • By Twisted Spirit 7th Jul 17, 3:17 PM
    • 57 Posts
    • 24 Thanks
    Twisted Spirit
    • #4
    • 7th Jul 17, 3:17 PM
    • #4
    • 7th Jul 17, 3:17 PM
    Sorry, I meant it is a company phone. Work paid for phone for work usage.
    • neilmcl
    • By neilmcl 7th Jul 17, 3:23 PM
    • 10,029 Posts
    • 7,007 Thanks
    neilmcl
    • #5
    • 7th Jul 17, 3:23 PM
    • #5
    • 7th Jul 17, 3:23 PM
    Sorry, I meant it is a company phone. Work paid for phone for work usage.
    Originally posted by Twisted Spirit
    Who actually "owns" the phone? Did your work give you the money for the phone or did they purchase it for you?

    Regardless, you have no consumer rights regarding it as it's a b2b contract.
    • ThumbRemote
    • By ThumbRemote 7th Jul 17, 3:43 PM
    • 3,788 Posts
    • 4,827 Thanks
    ThumbRemote
    • #6
    • 7th Jul 17, 3:43 PM
    • #6
    • 7th Jul 17, 3:43 PM
    Use a camcorder or other recording device to video the fault happening.

    Regardless, you have no consumer rights regarding it as it's a b2b contract.
    Originally posted by neilmcl
    They still have legal statutory rights though.
    • MrJones1
    • By MrJones1 8th Jul 17, 8:23 PM
    • 116 Posts
    • 58 Thanks
    MrJones1
    • #7
    • 8th Jul 17, 8:23 PM
    • #7
    • 8th Jul 17, 8:23 PM
    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.
    • wealdroam
    • By wealdroam 8th Jul 17, 8:44 PM
    • 18,648 Posts
    • 15,549 Thanks
    wealdroam
    • #8
    • 8th Jul 17, 8:44 PM
    • #8
    • 8th Jul 17, 8:44 PM
    According to the Consumer Rights Act...
    Originally posted by MrJones1
    Please re-read post#4.

    This phone was purchased by a business.

    The Consumer Rights Act is not applicable.
    • angryparcel
    • By angryparcel 8th Jul 17, 9:22 PM
    • 910 Posts
    • 519 Thanks
    angryparcel
    • #9
    • 8th Jul 17, 9:22 PM
    • #9
    • 8th Jul 17, 9:22 PM
    You have the upper hand in this case. According to the Consumer Rights Act
    Originally posted by MrJones1
    No he has not as stated it was a B2B purchase so the CRA does not apply
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