Legal action against Carphone Warehouse

kaznelson

I wonder if someone could advise on this?

I purchased a Tacco Mobile Phone package from Mobiles.co.uk (part of Carphone Warehouse) in Oct 2008. The phone was free with but I agreed to pay £15 per month for 24 months for calls etc.

The phone went faulty at the end of March 2009 and has been repaired 4 times. Each time I have to travel a round trip of 25 miles to collect the phone and each time it is still faulty.

I sent them a letter on the 8th May 2008 demading a replacement and I wanted some compenstation for my travelling expenses etc. No reply.

Today they have phoned to say they have fixed and it is ready for collection (another 25 miles)

I really don't want to have this phone any more as it is obviously faulty.

Would I be able to proceed with a claim against them for the cost of a new phone despite the fact that I didn't actually pay for this up front????

sporedude

I doubt it, Ask the call centre about an exchange as its been repaired several times.

gjchester

CPW have to fix it and as long as they are willing to do so they are within the law. You don't really have a claim as long as they are willing to make the repairs.

That said if it goes wrong in the first six months it's classed as a manufacturing fault and you may be able to use that. Didn't CPW have a no lemons guarantee, after so many repairs they replace it? Or did they quietly phase that out?

sporedude

So your legal action would be useless.

kaznelson

Thanks for the advice Chester.

Head Office have refused to exchange the phone despite their shop saying after 3 repairs you get a new phone.

I fail to see how they can continue to repair the phone, its had a new board, new aerial, new battery so basically they keep adding bits and its still not working.

I would argue that under the Sale & Supply of Goods Act they have to

a) carry out the repair at no cost to me

b) As it was less than 6 months old I am entitled to full refund as I have given them the opportunity to repair the fault which they have failed to do.

??

mistysmoth

kaznelson wrote: »

Thanks for the advice Chester.

Head Office have refused to exchange the phone despite their shop saying after 3 repairs you get a new phone.

I fail to see how they can continue to repair the phone, its had a new board, new aerial, new battery so basically they keep adding bits and its still not working.

I would argue that under the Sale & Supply of Goods Act they have to

a) carry out the repair at no cost to me

b) As it was less than 6 months old I am entitled to full refund as I have given them the opportunity to repair the fault which they have failed to do.

??

a) They are carrying out the repairs under the manufacturers warranty at no cost to yourself. Ask for a goodwill gesture towards your transport costs

b) You did not pay for the phone therefore there is no refund to be given

I would speak to the call centre. Be polite and see what they can do for you

gjchester

mistysmoth wrote: »

a) They are carrying out the repairs under the manufacturers warranty at no cost to yourself. Ask for a goodwill gesture towards your transport costs

b) You did not pay for the phone therefore there is no refund to be given

I would speak to the call centre. Be polite and see what they can do for you

Sort of, the cost of the phone is irrelevent, to be honest the best place next seens to be Trading Standards, or a letter to Head Office stating the case and asking for some action before you take this up legally.

It may be worth sending it to the makers repair facility rather than CPW if you can.
I Think under the SOGA you are can ask for a refund or replacment but I suspect an letter or email to Charles dunstone will help. (I'm sure someone will offer the CPW MD's email, even if it's just a underling who will reply in his name cdunstone@cpw.co.uk is listed on the corporate investor site of CPW)

TREVORCOLMAN

Would you have some basis under "Not fit for purpose" IE if the phone has been back that many times then it is obviously has a serious fault. You have also been deprived of the phone each time it goes away to be fixed.

asperger

try going to the consumer direct website and they should be able to tell what you can and cant do.

since i cant post links on the forums you need to google consumerdirect and take it from there

kaznelson

Just a quick update. In the end I refused to collect the faulty phone and took out a claim against CPW in the County Court.

I have now received a payment from their Solicitor to cover the cost of a replacement phone to the value of the original one when new, my expenses and interest.

DarkConvict

Sweet, they finally gave in then.