faulty phone

juehankie

bought phone - faulty after 2 weeks - repaired free, 3 times
breaks again - i request refund or replacement - told NO
start small claims court
haha !
get phone call and letter - as a good will gesture with no liability - offer £80

i accept even though wil be £35 out of pocket

cheque sent, cashed and new phone bought - now weeks later they want phone returned - i dont have it

they state they take me court - because i have their property!

advise please ..................

Guys_Dad

Need to see the paperwork/offer letter that came with the replacement phone or that relates to it.

Hope you have kept it.

juehankie

replacement phone? - i didnt get one - i got a refund - i went out and bought a new phone.

they sent the refund stating they accepted no responsiblity or blame re faulty phone - just good will gesture cuz of stress caused - (longer story)

juehankie

THIS WAS EMAIL I RECEIVED - BEARING IN MIND WHEN I GOT THIS, I HAD ALREADY RECEIVED £80 AND NO REQUEST FOR PHONE TO BE RETURNED. (£80 WAS AGREED VIA A PHONE CALL) ALSO - I HAD STOPPED THE PROCEEDINGS PRIOR TO RECEIVING THIS TOO

Dear Julie

Thanks for your email, received when I was on leave.

I did not know about the offer made by customer services department and to be blunt it should not have been made. However as we have made it I will not withdraw it and have requested a cheque for the £85.00 claimed. Therefore to resolve the matter I will require the return of the handset, please post the same to me by special delivery marked for my attention, I confirm I will refund your postage. I will also post out a form that will discontinue the proceedings which I would be grateful if you could return with the handset.

Thanks

Paul

Jon_01

So where is the phone ? You haven't said. . .

juehankie

thats irrelevant

Jon_01

Well now they want it back, I would have thought it was very relevant.

juehankie

i havent got it - its irrelevant - i didnt need to keep hold of it did i?

Jon_01

Depends, what did the letter say that they sent you when they offered you the money as a good will gesture?

If there's anything in there about them contacting you again if you accept the offer they might have a case ??

EDIT: sorry, I should read before I post. . .

juehankie

not sure i understand your last sentence - sorry

of course nothing mentions the return or i wouldnt be asking :beer: - what leg they stand on?

DarkConvict

If they issued you a refund, the odds are that it was on condition of the return of the phone.

Check the letter they sent you. If they gave a good will or a refund, on the condition of the phone being returned. And you accepted the payment, then you must return the phone. If not, you will probably have to pay them for the value of the phone, as it would be their phone.

It all depends on the letter. Print out the letter, and tell us what happened to the phone.

The letter is very important. If no terms stated the return then their is no problem. And you can tell them that you were not asked to return it, and you no longer have the phone for reason x y z.