Mobiles.co.uk issue

allan1983

Hi guys.
My GF ordered a phone from Mobiles.co.uk in Feb this year. a Samsung tocco specifically.
She got it with a free DS, on a 12 month TMobile contract, and although she originally ordered a pink one, she ended up with a black/silver one as the pink were out of stock and she didnt want to wait.

When it arrived, it was in a plain white box rather than retail packaging, and came with just the phone, charger and manual. There was no software CD or any other bits and bobs.
Although this should probably have set alarm bells ringing, she thought nothing of it as the phone itself seemed brand new.

All was fine until about 2-3 weeks ago when the screen started freezing, and the only was to turn the phone off was to take the battery out.
We went to a TMobile shop today to sort out a repair, and the guy there looked at the battery and said 'it looks like water damage' as there is an area on the side which should have some sort of crosses on it, and on hers these are almost faded to white.
My GF is certain there has been no time when her phone has been subject to any water or moisture, and after discussing this with the TMobile man, he speculated that as the phone was from a 3rd party website, could it be a refurb?
We have no knowledge of this being the case, and looking back at the order Email, there is no mention of this here. However, on the inside of the phone there is a white sticker with a hand written number/code, suggesting some sort of quality control?

We have Emailed Mobiles.co.uk and they have said:

Hello,

Thank you for your e-mail.

You order a brand new handset, this was not a refurbished phone.

As you are now out of your 28 day exchange period please take your handset in to your local Carphone warehouse store and they will be able to process a full warranty repair for you. Please bring with you proof of purchase and identification with the handset.

Basically, what should we do next?
I have suggested a particularly blunt Email stating that if the phone was brand new, please could they send us the retail packaging and explain the sticker on the inside of the phone, and the strange battery. However, I havent done this yet in case someone has a better, more fruitful idea!!

Sorry for the length of post, and thank you in advance.

OneADay

Take it up with trading standards http://www.consumerdirect.gov.uk/.

The fact that you have had this long before complaining is a problem but if there is this sticker inside with hand writing, might be evidence you were supplied a refurbished phone.

allan1983

Well were going to go into Carphone warehouse tomorrow anyway, so it may be that we can get it confirmed that the phone is indeed refurbished, then we'll have the full and definite story for trading standards.

Silk

allan1983 wrote: »

Well were going to go into Carphone warehouse tomorrow anyway, so it may be that we can get it confirmed that the phone is indeed refurbished, then we'll have the full and definite story for trading standards.

Hi Allan,
Theres no doubt going from the description of the packaging you describe that it's returned/refurbished stock.
It does not always mean that it's second hand because some people buy something then return it etc without using it.
Perhaps someone bought one and swapped the battery before they returned it who's to know ??????.
Do you still have the packaging ?

allan1983

Unfortunately I very much doubt it. The annoying thing is, if it had been retail packaging, we'd have kept it!

Will this hinder us a lot?

Silk

allan1983 wrote: »

Unfortunately I very much doubt it. The annoying thing is, if it had been retail packaging, we'd have kept it!

Will this hinder us a lot?

Hi Allan,
It shouldn't hinder you too much but before you let it go out of sight i would suggest taking pics of the phone showing the stickers and numbers etc.
The white boxes that are sent out are supposed to be checked etc before they go out so would imagine the letters numbers are poss the person who checked it
I assume that because you have email saying it was "new stock" and not refurb then they are admitting that you have been sent a refurb instead of a new one

allan1983

I assume that because you have email saying it was "new stock" and not refurb then they are admitting that you have been sent a refurb instead of a new one

Sorry I dont get you?

I think that so far, they are claiming it was a 'brand new phone' which flies in the face of the white sticker and non retail packaging.

What do you think about the idea of Emailing asking for the packaging from the 'new phone' to be sent to us?
Or should I let Trading Standards do the dirty work??

Will digital pics of the phone be acceptable?

woohoo

Hi,

I have a Samsung Tocco from the same supplier as you, and I can confirm it was in the original packaging (ie not a white box!).

HTH!

OneADay

Even if it was refurbished and it could be proved, the phone worked for 6+ months.

Its going to be pretty difficult to prove that the battery and/or phone were water damaged in that period. If that were the case, then phone should not have been working (logically at least) in that period.

Best bet is trading standards to argue the case, but to really pursue this me thinks it would be in a court of law.

allan1983

Even if it was refurbished and it could be proved, the phone worked for 6+ months.

At the end of the day though, thats not what we ordered, and as of today, Ive got an Email stating that the phone WAS NOT a refurb.

Sale of Goods act?

OneADay

Its your word against theirs now. You would have been covered by the warranty for repair work but water damage is assumed to be user fault so warranty does not apply.

Really it would come down to a judge deciding who was telling the truth. At some point its become water damanged and by what you have stated, it must have been 6 months after purchase.

So as well as contesting that you did not water damage it, you would be trying to prove that the phone was refurbished, its going to be very difficult unfortunately.

Talk to the trading standards people and I think they will give similar advice on lines that you would need to go to courts if you feel strongly that you are in the right.