Faulty mobile from carphone warehouse

anon_ymous

Hey all, I bought a phone from there in Mid july. The mobile worked fine for a while, however this month it just suddenly stopped working. It wouldnt charge, power up etc... I still have original receipts as well. We didnt do anything to the mobile at all eg: take it into steam rooms etc, bang it...

I went in to Carphone warehouse about the mobile, they sent it off to be repaired, however when it came back, they claimed there was physical damage inside(and that voids the warranty-apparently uneconomical to repair it). Well, on the outside there were no cracks or anything like that, so it couldnt have been caused by us.

They did however offer a 10% discount on any new mobile bought from them.Where do I stand here. I went to the citizens advise borough, however some of their staff were off ill and its a first come, first serve basis. Trouble is, I find it hard to get up early lol. Does anyone know where I stand here? Also, I thought the SOGA say that if an item is faulty before 6 months of sale, its deemed that the fault was there in the first place?

Browntoa

assume they mean water damage to the inside of the phone , theres a small sticker that changes colour if it gets wet/damp

anon_ymous

Nope, they didnt say water damaged, I was just told their was "physical damage" and was shown a picture, though as I dont deal in mobiles, I cant tell myself

Ill scan in the picture for you to look at

4743hudsonj

waqasahmed wrote: »

Hey all, I bought a phone from there in Mid july. The mobile worked fine for a while, however this month it just suddenly stopped working. It wouldnt charge, power up etc... I still have original receipts as well. We didnt do anything to the mobile at all eg: take it into steam rooms etc, bang it...

I went in to Carphone warehouse about the mobile, they sent it off to be repaired, however when it came back, they claimed there was physical damage inside(and that voids the warranty-apparently uneconomical to repair it). Well, on the outside there were no cracks or anything like that, so it couldnt have been caused by us.

They did however offer a 10% discount on any new mobile bought from them.Where do I stand here. I went to the citizens advise borough, however some of their staff were off ill and its a first come, first serve basis. Trouble is, I find it hard to get up early lol. Does anyone know where I stand here? Also, I thought the SOGA say that if an item is faulty before 6 months of sale, its deemed that the fault was there in the first place?

No, SOGA says that in the first 6 months the retailers have to prove there wasnt an inherent fault with the item if they want to avoid a repair. They may be bluffing or telling the truth, either way ask for their proof that there was not an inherent fault, if they cant then write a letter and begin small claims action. If they can then tough luck.

anon_ymous

Actually, after looking at receipts I bought it on the 1st July. If I say to CPW today to basically "prove it" but in a polite manner, and they send it off again and it comes back too late, where do I stand there?

4743hudsonj

waqasahmed wrote: »

Actually, after looking at receipts I bought it on the 1st July. If I say to CPW today to basically "prove it" but in a polite manner, and they send it off again and it comes back too late, where do I stand there?

Well you have notified them in time so dont worry.

As for their proof, it should be a report stating how the fault is caused by this other "damage". IF the cant then they must fix this fault.

anon_ymous

I havent notified them by post yet, though I now have their head office address and I shall be sending a letter to them. Would it be best to send it SD than RD because of the Christmas period and the strikes afterwards, or would small claims just see when I sent the letter off? They say that the fault was due to "customer damage" on one of their documents, however we didnt damage it, otherwise there would also be external damage to the mobile

BTW, I will scan some documents in for you guys to look at, just erasing some private info

Here are the pics(sorry about the size)

anon_ymous

Also, what am I meant to do if they say that I caused the fault, when of course I didnt. If it gets to small claims court, do I just show the mobile, to show theres no external damage?

4743hudsonj

waqasahmed wrote: »

I havent notified them by post yet, though I now have their head office address and I shall be sending a letter to them. Would it be best to send it SD than RD because of the Christmas period and the strikes afterwards, or would small claims just see when I sent the letter off? They say that the fault was due to "customer damage" on one of their documents, however we didnt damage it, otherwise there would also be external damage to the mobile

BTW, I will scan some documents in for you guys to look at, just erasing some private info

Here are the pics(sorry about the size)

yes send a letter recorded.

OlliesDad

Within the first 6 months it is the retailers responsibility to prove that the fault is not inherent. As they have an engineers report proving this, it will be up to you to prove that it is not the case. To do this you would need to get an independent engineer to produce a report, then you can challenge them with this if it proves in your favour. You can claim the cost of the report back as well.

anon_ymous

Right an independent engineer lol. Where'd I find one of them? Or would the local market guy do?