can I ask for a replacement instead of a repair?

gecko

Hi,

Bought a t-mobile pulse phone 1 week ago and the touchscreen has already failed.

As part of the sales of goods act am I legally entitled to ask for an recieve a replacement even if t-mobile want to send the thing off for repair?

This question probably has been answered a million times but I get different answers depending on where I look.

Gecko

McKneff

I think after just using it one week it would be more than reasonable for you to ask for a replacement. Dig your heels in and say that you have lost faith with the product. Will you get a different phone, i ask because if you get the same sort of phone, who's to say it wont happen again with the next one.

bazster

gecko wrote: »

As part of the sales of goods act am I legally entitled to ask for an recieve a replacement even if t-mobile want to send the thing off for repair?

No, they are entitled to repair it if they prefer. Can't imagine they would bother though.

Hintza

bazster wrote: »

No, they are entitled to repair it if they prefer. Can't imagine they would bother though.

Would they have to provide a phone on loan? (Genuine question)

gecko

Update: Just phoned up and they want to send it for repair and then they will say whether it can be fixed, it could take a few weeks. Going to pop in at the end of the day and see if they can give me a replacement, but as far as I can see it looks like I have no rights and will be without a phone for a while

I will ask about a loan phone while I am there (thanks for the suggestion)

p.s. shouldn't have recycled my old phone so quickly!

McKneff

In the meantime, i would really suggest you ring up trading standards.

Hear it from the horses mouth so to speak.

Blacksheep1979

don't you get a 14/28/30 day cooling off period - have a check of your contract and if that's the case threaten to cancel if they don't do a doorstep swapout for the faulty phone.

fozzeh

CPW state they have to repair something 4 times before they replace...which is a load of rubbish!

As mentioned, cooling off period is the best option. I think 14 days is law now. Reject the phone and contract if you have to!

Replacement phone will be a joke. My mate had the new Samsung phone...it's cover was a Nokia 3330

Mark_Hewitt

Beware also that 'replacement' phones are often second hand 'reconditioned' models which previously had faults themselves.

I had a bit of a saga with O2 and Nokia a few years ago where they had to replace my phone three times before they came up with one which actually worked.

underlay_guru

Hintza wrote: »

Would they have to provide a phone on loan? (Genuine question)

McKneff wrote: »

In the meantime, i would really suggest you ring up trading standards.

Hear it from the horses mouth so to speak.

Ever thought of actually referring to your contract? After all, its the document which you will have signed and agreed to, and will contain 99.9% of everthing you need to know. Its pointless crying to Trading Standards if your contract has all of this information included.

-If the contract states they would attempt to repair faulted phones in the first instance, and the buyer has signed the contract, TS wouldn't do a thing;
-The contract should also state your cooling-off duration and rights within this duration. If you have signed the contract, I strongly suggest you read it before the cooling-off period ends.

Mankysteve

I thought the cooling off period was void as soon as you used the product. Doesn't SOGA state that if the item breaks within a reasonable amount of time them a replacement/refund should be offered usually 28 days is considered reasonable.