Complaint against Mobiles.co.uk/The Carephone Warehouse

Silk

Littlemiss27 wrote: »

I personally have never seen it stated in any handset's warrenty that the phone will be replaced if it develops a fault three times.

Hi Littlemiss,
It doesn't need to be stated in the warranty as it revolves around your statutory rights and the sale of good act, fit for purpose etc etc.
The general principle of "3 strikes and your out" is accepted by "most" mobile phone companies including as far as I'm aware CPW.
It is deemed as unreasonable to the consumer to accept a repair any more than 3 times before it becomes unfit for purpose.
If the customer accepts a repair option and it does not restore the phone to satisfactory condition ie it still goes faulty they have the right to replacement or compensation.

Originally Posted by Littlemiss27
I was under the impression that any replacement was done so that the customer does not suffer any more inconvenience and that it was upto the retailer if and when they offered a replacement.

Thats the general idea and again it's supposed to happen at no cost to the customer. The replacement phone whilst being repaired is also sopposed to be supplied on a like for like and not be given the cheapest option etc so the OP has every right to be brassed off !!!!

Littlemiss27

Silk, I think you may have miss understood my post (I was in a rush and prob didn't give enough explanation to the statements I made).

I agree that it is standard practice within the mobile industry to replace after 3 failed repairs but you had originally stated:

Silk wrote: »

The phone was faulty and under the terms of the warranty if it's been repaired 3 times then the OP is entitled to a replacement.

I feel this might confuse some posters, as the practice of replacing the handset is not related to the warranty (unless specifically stated) but related to the SOGA.

Silk wrote: »

The replacement phone whilst being repaired is also sopposed to be supplied on a like for like and not be given the cheapest option etc

I don't believe it is compulsary for any retailer to offer a courtesy handset, or let alone any piece of equipment (cooker/washing machine/car) thus I cannot understand why the courtesy handset if offered need to be like for like.

I don't mean to come across as picky but I think the OP will manage to get a better response when complaining if they are not repeating information that is not quite correct.



OP - I can see why you are annoyed and hope that they manage to get everything resolved quickly. Keep us updated on how you get on.

Silk

Littlemiss27 wrote: »

I feel this might confuse some posters, as the practice of replacing the handset is not related to the warranty (unless specifically stated) but related to the SOGA.

Hi Littlemiss,
I wasn't trying to confuse people ...The warranty will state they will repair or replace if faulty....If the repair does not work they can ask for a replacement or refund...it's been repaired 3 times and that is generaly accepted as the norm for calling it a day and as per the warranty should be replaced ....
http://www.consumerdirect.gov.uk/after_you_buy/know-your-rights/mobiles

Any repair should restore it to a satisfactory condition. If this does not happen, you are entitled to a replacement or compensation.

Originally Posted by Littlemiss27
I don't believe it is compulsary for any retailer to offer a courtesy handset, or let alone any piece of equipment (cooker/washing machine/car) thus I cannot understand why the courtesy handset if offered need to be like for like.

Perhaps it will help if you have a read of this ...
http://whatconsumer.co.uk/and-if-my-statutory-rights-are-breached/

. It is for this reason you are given a replacement item while the one you bought is being fixed. Take care to ensure however you are given a ‘like for like’ product and not simply the cheapest and most basic model.

Littlemiss27

Hmmm......I'm very confused now. I have read the link you posted regarding the replacement (courtesy) item but the advice seems to differ from the DTI's advice to traders book http://www.berr.gov.uk/files/file25486.pdf where there is no mention of being law bound to offer a courtesy item. There is a mention of courtesy items on page 12 in the pink box but it says "but the provision of a loaned item might prove part of a successful remedy and so avoid 'significant inconvenience'".

Think I might start a new thread to see if any of the SOGA experts who frequent here can advise.

olajidel

fantasy_dreams wrote: »

Have you emailed the manufacturer ? I found them much easier to deal with than the phone shops. My Nokia phone was replaced (not new, refurbished, but it worked) by Nokia with no problems. I never buy Insurance as they are ridiculously expensive and we generally have a pile of old phones lying around.

I understand what you are saying, but then thats admitting that I am now taking on the job of sorting out things for myself. Then mobiles.co.uk/The Carphone Warehouse are abusing my consumer rights', by shifting their responsibilities onto me.........if you want something done, sort it out yourself! If it means going to the County Court, I will follow it up.

TBeckett100

dmg24 wrote: »

TBeckett100, perhaps you could start your own thread for your query?

why don't you mind your own.