Three payg faulty phone

nexuss

Tell them you want a refund as it is faulty under the sale of goods act.They may ask to send to it off though to check it is faulty.Most shops will tell you they do not refund as they lose out financially when they have to return the item to the manufacturer.I had this kind of issue with halfords when i purchased a faulty tomtom and they would not refund at first.Trading standards told me to ask for a refund which was just over 2 weeks after i had it.I think
Stores would lose £15-£20 for every tomtom they had to return to the maufacturer as an example.

DO NOT LET THEM FOB YOU OFF !

UN17ED

nexuss wrote: »

Tell them you want a refund as it is faulty under the sale of goods act.They may ask to send to it off though to check it is faulty.Most shops will tell you they do not refund as they lose out financially when they have to return the item to the manufacturer.I had this kind of issue with halfords when i purchased a faulty tomtom and they would not refund at first.Trading standards told me to ask for a refund which was just over 2 weeks after i had it.I think
Stores would lose £15-£20 for every tomtom they had to return to the maufacturer as an example.

DO NOT LET THEM FOB YOU OFF !

I said about the sales of goods act, they would not budge.
Is there anything I could print off to take with me?
I am really angry right now as I have just spent an hour waiting in a queue and was not dealt with.

nexuss

Ring you local trading standards so you can quote what they say to the store.

Tozer

Are you only dealing with the store? You may need to go to Head Office.

Did you pay by credit card?

UN17ED

Tozer wrote: »

Are you only dealing with the store? You may need to go to Head Office.

Did you pay by credit card?

I paid by visa debit card.
I cannot find a number for the head office and I was trying to get through to customer services but was in a queue waiting for an hour without talking to anyone about the matter.

UN17ED

I have been unable to return to the shop due to illness, but I have noticed this on a website which I think backs up my request for a refund

http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html

Hailz86

The company states that after 14 days you are only entitled to a repair or replacement of the same phone, after 28 days you are only entitled to a repair.
You obviously wanted the phone in the first place so why would you not accept a new one or a repair? x

mc33033

UN17ED wrote: »

Hi, I purchased a handset from a local three store, but it has become faulty.

I took it back to get a refund and was told it is their policy that I could only have it repaired or exchange it for another one.

I said this was wrong and that under the sales of goods act I am entitled to a refund.

Am I right?

Hi UN17ED

You can reject the phone under the SOGA if you have not yet accepted, rejection is the only way to get a refund at this stage. You can been seen to have accepted the phone if you have:

1) Kept it for some time (acceptance through lapse of time)
2) Changed it in some way (personalised it in some way)
3) Done something inconsistent with rejection (e.g. said you'll accept a repair)

Hardest one will be to show you have not accepted through lapse of time. No-one can tell you how long that time is apart from a judge/sheriff. The more complex the goods are, the longer you will have to examine the goods. If rejection is definately what you want then go back, advise of the above, state how you have acted quickly once the fault was made known, the minimal use you have made and stand your ground. Don't use the phone either otherwise you weaken your case.

UN17ED

Hailz86 wrote: »

The company states that after 14 days you are only entitled to a repair or replacement of the same phone, after 28 days you are only entitled to a repair.
You obviously wanted the phone in the first place so why would you not accept a new one or a repair? x

It doesnt matter what the company states as they dont make the laws. Yes I wanted the phone but it kept turning itself off all the time, since found out that this is a known fault, so of course i am going to want a refund.

UN17ED

mc33033 wrote: »

Hi UN17ED

You can reject the phone under the SOGA if you have not yet accepted, rejection is the only way to get a refund at this stage. You can been seen to have accepted the phone if you have:

1) Kept it for some time (acceptance through lapse of time)
2) Changed it in some way (personalised it in some way)
3) Done something inconsistent with rejection (e.g. said you'll accept a repair)

Hardest one will be to show you have not accepted through lapse of time. No-one can tell you how long that time is apart from a judge/sheriff. The more complex the goods are, the longer you will have to examine the goods. If rejection is definately what you want then go back, advise of the above, state how you have acted quickly once the fault was made known, the minimal use you have made and stand your ground. Don't use the phone either otherwise you weaken your case.

Thanks.

I had the phone for 15 days before I had chance to take it to the shop, it was used only to top up with a 10 credit from the them and nothing else since.