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    • rossmorrison360
    • By rossmorrison360 28th Nov 17, 5:08 PM
    • 1Posts
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    rossmorrison360
    Mobile phone warranty dilemna
    • #1
    • 28th Nov 17, 5:08 PM
    Mobile phone warranty dilemna 28th Nov 17 at 5:08 PM
    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
Page 1
    • KeithP
    • By KeithP 28th Nov 17, 6:58 PM
    • 4,788 Posts
    • 3,147 Thanks
    KeithP
    • #2
    • 28th Nov 17, 6:58 PM
    • #2
    • 28th Nov 17, 6:58 PM
    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.
    .
    • Warwick Hunt
    • By Warwick Hunt 28th Nov 17, 7:41 PM
    • 678 Posts
    • 348 Thanks
    Warwick Hunt
    • #3
    • 28th Nov 17, 7:41 PM
    • #3
    • 28th Nov 17, 7:41 PM
    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.
    Originally posted by KeithP
    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.
    • JJ Egan
    • By JJ Egan 29th Nov 17, 10:10 AM
    • 9,967 Posts
    • 4,108 Thanks
    JJ Egan
    • #4
    • 29th Nov 17, 10:10 AM
    • #4
    • 29th Nov 17, 10:10 AM
    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 .
    • MobileSaver
    • By MobileSaver 29th Nov 17, 12:12 PM
    • 1,300 Posts
    • 1,781 Thanks
    MobileSaver
    • #5
    • 29th Nov 17, 12:12 PM
    • #5
    • 29th Nov 17, 12:12 PM
    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.
    Originally posted by rossmorrison360
    Was it a "refurbished" phone you purchased from e2save? (assuming they sell such a thing.)
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