Phone shop refund

BattyMatty

Hi there,

This morning I went to a high street phone shop, one of those places which unlocks your phones, sells accessories, acts like an internet cafe etc. to purchase a new charger for my phone, as I lost the last one. I wasn't sure exactly which one to get, so I told the man behind the counter the model of my phone and he gave me a charger for it.

However, when I got back, I discovered it wasn't the right type to charge my phone, so I made another trip back to the shop to get a refund / replacement. I had the receipt, and it was the same man who had served me in the morning, but he told me that unfortunately he was couldn't give me a refund or replacement unless the charger he had sold me was damaged. I'm pretty sure this isn't right, but he refused to budge when I got a little angry, and told me it was my fault because I didn't ask for the right item. I asked to see the manager but he runs the place :S

I know it's only 10 quid, but I'd rather not have to spend another tenner for the right charger when he picked the wrong one out for me in the first place. Does anyone have any suggestions as to what I can do?

Cheers,

Matt

4743hudsonj

well if you are certain that you told him the correct model then you can use section 14 of the sale of goods act and say that the goods are not as described (not for your hone when you were advised it was) and not fit for purpose (cannot charge your phone as it is wrong).

tell him this and if he does not budge say you will contact trading standards (consumers direct - google it) and issue him with your intent to go to small claims court for the cost of the item and court costs.

i know its small but i would be pi**ed too and money is money!

im sure he will back down and by the way, it is up to you whether you claim a full refund or replacement under soga, he cannot force you to have either (unless he doesnt have the right one in stock of course)

hollydays

Its your word against his-you will never prove it.

phlogeston

hollydays wrote: »

Its your word against his-you will never prove it.

Another popular misconception.

On the balance of probabilites, most judges would accept that a consumer would ask for the correct item.

You have every likelyhood of proving it.

hollydays

The county court,for £10?

Its also quite possible many people misquote the model number,and he didn't have the phone with him.

OP,why does he think the charger was damaged?

Patrick20

And people wonder why the public are not supporting small buisnesses. If thats the service you get I'm not suprised.

BattyMatty

hollydays wrote: »

The county court,for £10?

Its also quite possible many people misquote the model number,and he didn't have the phone with him.

OP,why does he think the charger was damaged?

I didn't misquote it. It's a Nokia N73, which is easy to remember, and having looked around online, I think all of the N series use the same charger, the one he's given me looks like a Sony Ericsson charger as far as I can work out, so it's blatantly wrong.

Also, I didn't say that he thought the charger was broken, just that he said the only circumstance in which he would refund/replace it would be if he had sold me a broken charger. I'm heading back there later on today to try again with 4743's advice. Fingers crossed.

Tozer

BattyMatty wrote: »

I didn't misquote it. It's a Nokia N73, which is easy to remember, and having looked around online, I think all of the N series use the same charger, the one he's given me looks like a Sony Ericsson charger as far as I can work out, so it's blatantly wrong.

Also, I didn't say that he thought the charger was broken, just that he said the only circumstance in which he would refund/replace it would be if he had sold me a broken charger. I'm heading back there later on today to try again with 4743's advice. Fingers crossed.

It is section 13 of SoGA which relates to description.

However, as Hollydays said, ultimately this is a matter of proof. I doubt that it is in either party's interests to actually take this to Court.

BattyMatty

It's replaced!

I went today and there was a different guy there. I explained the situation, and he told me the other guy is a bit of a d*** and has made this mistake before, and swapped it for the right one straight away! My faith in people is restored

Cheers for the suggestions guys.