02 faulty phone from carphone warehouse

calderdale3

I have had a Samsung Pixon contract phone since April. In the last 6 weeks it has been in for repair 3 times. I have lost faith in this phone now, do i have the right to demand an entirely different phone.

I have been told that the repair centre will decide on the 4th send back if i can have a new phone, and then i would have to accept another Pixon.

I still have 18 month left on this contract and a phone that won't receive calls.

I have tried my sim in other 02 phones and it works fine.

Hope someone can advice me

PaddyUK

Have you had the 3 previous repairs direct through O2 or did you go through CPW?

If you have done this direct with O2 then after 3 returns you are able to request a different model of a simmilar specification, but if you've gone through CPW you won't be able to get this deal from O2 as it won't show on their return systems.

DarkConvict

As it has been repaired at least once within 6 months, under sale of goods act it would mean the phone may have been faulty at the time of purchase, and as such you should speak to carphone warehouse as they sold the phone not 02.
As they have been unable to repair the phone and due to faults it is not fit for purpose, then a replacement phone should be offered.

gjchester

DarkConvict wrote: »

As they have been unable to repair the phone and due to faults it is not fit for purpose, then a replacement phone should be offered.

The OP didn't say it was all the same fault. Your warranty entitles you to a repair or replacment at the expense of the manufacturer, the fact it's been repaired each time means hat the guarantee has been adhered to.

If it was the same problem each time (it may well be) or they could not repair a fault thats different each time. Eitherway your right is to a repair or a replacment , but it's the vendors choice not yours to make.

Of course you may get a goodwill gesture, or it may end up beyond economic repair but you have no right to ask for a replacement if they have fixed all prior problems so far. You may have the right to compensation for lack of use, but thats another matter.

As the phone has been working for 7/8 months without issue it's not a problem that was there at time of manufacture, and also remember if they do replace it they may replace it with a similarly aged refurb, again you don't have the right to a new phone. It's also hard to say the model is not fit for purpose when it's probably this one so you probaly would get another of the same model.

DarkConvict

You raise a good point they could be seperate issues.

I was also assuming that at least 1 of the faults was within the first 6 months, as it has had 3 faults in 8 months i thought it was a good assumption

gjchester

DarkConvict wrote: »

You raise a good point they could be seperate issues.

I was also assuming that at least 1 of the faults was within the first 6 months, as it has had 3 faults in 8 months i thought it was a good assumption

OP said "I have had a Samsung Pixon contract phone since April. In the last 6 weeks it has been in for repair 3 times."

So the 6 months from new is October sometime, the fact it's been back 3 times in the last 6 weeks means the OP needs to check when it was bought and the dates it went back.

Again the point remains, even if the first fault was in the 6 months, you DO NOT have the right to a replacement, the law states that if it breaks in the first six months then it is down to the retailer to prove it was not faulty at time of sale, nothing more.

It's then down to the vendor to offer a repair or replacement. The key here is that the customer must be put back in a similar state to if the fault had not happened. That means you may have to accept a similar aged phone of the same model, or a repair (as long as that is done relativly quickly as it seems to have been done).

You can ask for a new replacments but theres no onus on the compoany to give you one, they just need to ensure the OP has a working fault free phone, (be it by repair or replacement).

DarkConvict

Fair enough i just re-read it i missed that sentence

Your points are soid just read SOG again and your right the retailer has prove it was working ok.

simon_says_3

i have 4 months left to my contract on o2 but purchased from CPW and it has been in repair for 5 times but they do not wish to offer me a replacement. after many emails they said that in order to get a replacement you need to book the phone in repair 4 times for the same problem within 28 days of your last booked repair. i really don't know what to do now and have had enough visiting the store seeing the same faces over and over again. if they simply cannot repair the phone, STOP TAKING IT IN FOR REPAIR!

the repair service they offer is a joke. same problem continues, even after i receive the phone from repair. I have the Samsung Tocco.

Any suggestions if i have the right to demand for a replacement?

gjchester

simon_says wrote: »

Any suggestions if i have the right to demand for a replacement?

No you don't.

The retailer has to repair or replace the phone but you have no rights to ask for a replacement.

If they are unable to repair or it's not econiomical to do itthats different but they are trying to repair it, even if they are not doing a good job of it. Again it's the retailer choice, not yours, they jsut have to ensure tyou have a working phone

simon_says_3

gjchester wrote: »

No you don't.

The retailer has to repair or replace the phone but you have no rights to ask for a replacement.

If they are unable to repair or it's not econiomical to do itthats different but they are trying to repair it, even if they are not doing a good job of it. Again it's the retailer choice, not yours, they jsut have to ensure tyou have a working phone

[FONT=&quot]right, if that’s the case then they're not making their customer happy.

1) I need to visit the store over and over again
2) I am left without a phone while the repair period (last repair lasted 14 days)
3) they supplied the phone to me, I expect to get what I paid for, and not having to waste my own time handing in my phone to them and receiving it 'repaired' when it's not.
Believe it or not, after receiving my phone from the repair centre, i asked "is it repaired this time?" and he replied "yes, they changed something, but I don't know what". Who's 'they' and what do you mean 'i don't know. after he said that he just walked into the staff door and i was left with a phone that had come back from repair, un-repaired! (they are software problems e.g. dropping calls, phone continually vibrates with error messages)[/FONT]

gjchester

simon_says wrote: »

[FONT=&quot]right, if that’s the case then they're not making their
customer happy. [/FONT]

Thats a different matter.
You may be able to claim cost over it if you have to return to the store over hte same issue but as long as they are trying to repair it they are carrying out the requirements under the guarantee, if not a very good customer service role.

If the saleperson was that bad and you had no confidence the repair was done why didn't you report it to a manager there and then?