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  • FIRST POST
    • gillybean129
    • By gillybean129 10th Jul 17, 5:05 PM
    • 143Posts
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    gillybean129
    Carphone Warehouse and faulty phone
    • #1
    • 10th Jul 17, 5:05 PM
    Carphone Warehouse and faulty phone 10th Jul 17 at 5:05 PM
    I bought my daughter a Google phone, outright on a credit card for around £320, this has a 2 year guarantee.
    A few days after purchase it developed a fault with the speaker and was with another handset.
    At 14 months old it had an issue where it turned itself off, kept rebooting, so it was taken back to the original branch for repair. around 5 /6 weeks later it was returned, I later found out it had sat in their branch for 3 weeks before the sent it off.
    The same fault developed again around Easter time, again it went back for a further repair, taking around 4 weeks.
    This is really annoying, taking it in and as anyone knows students need their devices so it's the inconvenience as well.
    So last week the same fault developed, this will be the third time, I processed through resolver website and they are again asking to repair it, when I have asked for a replacement as I don't think it's fit for purpose.
    What I want to know is where we stand with this:
    1. Having bought on a credit card does it make a difference
    2. The 2 year EU guarantee replacement law.
    Feel like throwing the damn thing in the bin at this stage!
Page 1
    • powerful_Rogue
    • By powerful_Rogue 10th Jul 17, 5:13 PM
    • 3,251 Posts
    • 4,735 Thanks
    powerful_Rogue
    • #2
    • 10th Jul 17, 5:13 PM
    • #2
    • 10th Jul 17, 5:13 PM
    I bought my daughter a Google phone, outright on a credit card for around £320, this has a 2 year guarantee.
    A few days after purchase it developed a fault with the speaker and was with another handset.
    At 14 months old it had an issue where it turned itself off, kept rebooting, so it was taken back to the original branch for repair. around 5 /6 weeks later it was returned, I later found out it had sat in their branch for 3 weeks before the sent it off.
    The same fault developed again around Easter time, again it went back for a further repair, taking around 4 weeks.
    This is really annoying, taking it in and as anyone knows students need their devices so it's the inconvenience as well.
    So last week the same fault developed, this will be the third time, I processed through resolver website and they are again asking to repair it, when I have asked for a replacement as I don't think it's fit for purpose.
    What I want to know is where we stand with this:
    1. Having bought on a credit card does it make a difference
    2. The 2 year EU guarantee replacement law.
    Feel like throwing the damn thing in the bin at this stage!
    Originally posted by gillybean129
    1. Yes, the credit card provider is just as liable as the retailer on purchases over £100. >>> http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases

    2. There is no such thing as the "2 year EU guarantee". Its a myth. We have protection in the UK for upto 6 years, however there's more to it then just that.
    >>> http://blog.moneysavingexpert.com/2010/12/13/the-eu-goods-must-last-a-minimum-two-years-rule-is-a-myth/

    You should be looking at the Consumer Rights Act 2015.
    Repair or replace

    If you are outside the 30-day right to reject, you have to give the retailer one opportunity to repair or replace any goods or digital content which are of unsatisfactory quality, unfit for purpose or not as described.
    You can state your preference, but the retailer can normally choose whichever would be cheapest or easier for it to do.
    If the attempt at a repair or replacement is unsuccessful, you can then claim a refund or a price reduction if you wish to keep the product.
    You're entitled to a full or partial refund instead of a repair or replacement if any of the following are true:
    • the cost of the repair or replacement is disproportionate to the value of the goods or digital content
    • a repair or replacement is impossible
    • a repair or replacement would cause you significant inconvenience
    • the repair would take an unreasonably long amount of time.
    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.


    If you don't want a refund and still want your product repaired or replaced, you have the right to request that the retailer makes further attempts at a repair or replacement.


    Use our step-by-step guide if you want to ask a retailer to repair or replace something you've bought that subsequently develops a fault.
    http://www.which.co.uk/consumer-rights/regulation/consumer-rights-act#repair-or-replace
    • gillybean129
    • By gillybean129 10th Jul 17, 5:21 PM
    • 143 Posts
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    gillybean129
    • #3
    • 10th Jul 17, 5:21 PM
    • #3
    • 10th Jul 17, 5:21 PM
    Wow! Thank you powerful_Rogue..
    This was their last response..
    I appreciate this may not be the answer you were looking for, however, it complies with The Carphone Warehouse Repairs policies and procedures, the Consumer Rights Act and the manufacturer's warranty.

    I will read your links above and decide on the appropriate response when I am a bit more clued up!
    • angryparcel
    • By angryparcel 10th Jul 17, 5:27 PM
    • 910 Posts
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    angryparcel
    • #4
    • 10th Jul 17, 5:27 PM
    • #4
    • 10th Jul 17, 5:27 PM
    I later found out it had sat in their branch for 3 weeks before the sent it off.
    Originally posted by gillybean129
    Yes that what happens with most retailers that have repair agreements. They wont just send 1 item away for repair, they will wait until then have a few and send them off in 1 go
    • powerful_Rogue
    • By powerful_Rogue 10th Jul 17, 5:27 PM
    • 3,251 Posts
    • 4,735 Thanks
    powerful_Rogue
    • #5
    • 10th Jul 17, 5:27 PM
    • #5
    • 10th Jul 17, 5:27 PM
    Wow! Thank you powerful_Rogue..
    This was their last response..
    I appreciate this may not be the answer you were looking for, however, it complies with The Carphone Warehouse Repairs policies and procedures, the Consumer Rights Act and the manufacturer's warranty.

    I will read your links above and decide on the appropriate response when I am a bit more clued up!
    Originally posted by gillybean129

    The Carphone Warehouse Repirs policies are irrelevant to you, so is the manufacturers warranty - So don't let them fob you off with these two.

    It's the Consumer Rights Act which is the important one. I'm sure someone will be along soon and will be able to point you to the specific section for you to quote.

    Just a couple of quick questions
    1) What date did you buy the mobile?
    2) When was the first repair?
    • gillybean129
    • By gillybean129 10th Jul 17, 5:35 PM
    • 143 Posts
    • 63 Thanks
    gillybean129
    • #6
    • 10th Jul 17, 5:35 PM
    • #6
    • 10th Jul 17, 5:35 PM
    Hi again

    Purchased in November 2015
    Replaced Handset during 1st two weeks then
    Repair 1 December 2016
    Repair 2 May 2017

    Does this have a bearing on anything?

    Re the credit card, I purchased it and I am the secondary cardholder which I believe is a grey area.
    Last edited by gillybean129; 10-07-2017 at 5:37 PM. Reason: added info
    • wealdroam
    • By wealdroam 10th Jul 17, 6:13 PM
    • 18,650 Posts
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    wealdroam
    • #7
    • 10th Jul 17, 6:13 PM
    • #7
    • 10th Jul 17, 6:13 PM
    Re the credit card, I purchased it and I am the secondary cardholder which I believe is a grey area.
    Originally posted by gillybean129
    No, it's not a grey area.

    Unless the card account holder received benefit from the purchase, section 75 of the Consumer Credit Act will not help you.
    • powerful_Rogue
    • By powerful_Rogue 10th Jul 17, 6:15 PM
    • 3,251 Posts
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    powerful_Rogue
    • #8
    • 10th Jul 17, 6:15 PM
    • #8
    • 10th Jul 17, 6:15 PM
    Hi again

    Purchased in November 2015
    Replaced Handset during 1st two weeks then
    Repair 1 December 2016
    Repair 2 May 2017

    Does this have a bearing on anything?

    Re the credit card, I purchased it and I am the secondary cardholder which I believe is a grey area.
    Originally posted by gillybean129

    Nope, all looks good for you to reject under the Consumer Rights Act. Might take a "Letter Before Action" to the head office to get something done though.
    • gillybean129
    • By gillybean129 10th Jul 17, 6:38 PM
    • 143 Posts
    • 63 Thanks
    gillybean129
    • #9
    • 10th Jul 17, 6:38 PM
    • #9
    • 10th Jul 17, 6:38 PM
    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?
    • angryparcel
    • By angryparcel 10th Jul 17, 6:43 PM
    • 910 Posts
    • 519 Thanks
    angryparcel
    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 the phone under the Consumer Rights Act.
    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?
    Originally posted by gillybean129
    i have added the bit you need too add
    • powerful_Rogue
    • By powerful_Rogue 10th Jul 17, 6:43 PM
    • 3,251 Posts
    • 4,735 Thanks
    powerful_Rogue
    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?
    Originally posted by gillybean129

    I would forget resolver, go straight to head office with a Letter Before Action.

    In the link of the second post, it will automatically create a letter for you, you just enter the details. Fill it out and post the response on here (minus the personal details)
    • wealdroam
    • By wealdroam 10th Jul 17, 6:50 PM
    • 18,650 Posts
    • 15,550 Thanks
    wealdroam
    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?
    Originally posted by gillybean129
    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
    • By gillybean129 10th Jul 17, 6:58 PM
    • 143 Posts
    • 63 Thanks
    gillybean129
    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.
    Originally posted by wealdroam
    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
    • By wealdroam 10th Jul 17, 7:04 PM
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    wealdroam
    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.
    Originally posted by gillybean129
    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.
    Last edited by wealdroam; 10-07-2017 at 7:12 PM.
    • gillybean129
    • By gillybean129 10th Jul 17, 7:29 PM
    • 143 Posts
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    gillybean129
    So with this in mind is my best case scenario a (used) replacement do you think?
    • wealdroam
    • By wealdroam 10th Jul 17, 7:38 PM
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    wealdroam
    So with this in mind is my best case scenario a (used) replacement do you think?
    Originally posted by gillybean129
    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
    • By gillybean129 10th Jul 17, 7:40 PM
    • 143 Posts
    • 63 Thanks
    gillybean129
    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.
    Originally posted by wealdroam
    Thank you this is helpful
    • gillybean129
    • By gillybean129 11th Jul 17, 5:59 PM
    • 143 Posts
    • 63 Thanks
    gillybean129
    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.
    • gillybean129
    • By gillybean129 12th Jul 17, 12:36 PM
    • 143 Posts
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    gillybean129
    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
    • By wealdroam 12th Jul 17, 12:39 PM
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    wealdroam
    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.
    Originally posted by gillybean129
    I don't think they're being unreasonable.
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