Faulty Mobile from CPW - My Rights

Mitzey40

I took out a 2nd contract as I wanted a mobile for my son for xmas, this was done at CPW on T-Mobile contract, Samsung Jet.

I took the contract out towards the back end of November but didnt give it my son till Christmas day as it was a gift for him.

We charged the phone up full and within a few hrs the battery went flat and the phone turned off. Tried again and it did exactly the same.

I took the phone back to CPW but unfortunately was 1 week over the 30 day period so I wasnt entitled to an exchange so they sent it off for repair.

I collected the phone a week later from them to tell me it was a battery fault so they replaced this, I said that I wasnt happy that I have had to wait over a week for them to just replace the battery, the assistant said that he also had a diagnostic test and this was the results.

When I got home I charged the phone up fully for a few hrs and low and behold a few hrs later after not using the phone it turned off again with a flat battery!!! So much for a diagnostic test!!!

What are my rights because the phone was obviously sold to me with a fault, therefore I would have thought that they would exchange it as it isnt fit for purpose.

It has never even been used, he hasnt had chance to use it and I have just paid the 2nd month line rental for something that is a manufacturers fault and now Im going to have to take it back to them again!!!

Thank you

Exemplar

When you take out a mobile contract the deal is for the airtime, not specifically the phone. As there is a fault they will normally want three attempts to fix before a replacement is considered, and it will normally be the same phone. Some CPW stores have their own repair centre where an engineer can look at your phone, normally same day. You wont get a refund on any line rental either.

Sorry if its not what you want to hear, but thems the facts.

teffers

In reality if the phone had a fault when it was sold to you, you are entitled to a refund or exchange. CPW are not the sort of company I would EVER want to deal with again after the experiences I've had with them however.

The Sale of Goods act does not give them 3 attempts to fix a product that was faulty when purchased.

The sad fact is CPW will argue that they have their policy and that's that, my advice is go to Consumer Direct and get your rights confirmed in writing, then begin the process of harrassing CPW into following the law, not their 'policy',

Also just to confirm - CPW are responsible for the sale of the phone as mentioned, not the line rental agreement.

gjchester

teffers wrote: »

my advice is go to Consumer Direct and get your rights confirmed in writing, then begin the process of harrassing CPW into following the law, not their 'policy'.

CPW are willing to look at the phone and repair it, that counts in thier favour. You can't demand a refund or replacment without letting the vendor have a "reasonable" length of time to look into the problem. You need to let them try this before you can go further, or failing that call/ email Samsung and they may be willing to take a look.

If CPW / Samsung did not want to look at it thats a different matter, but you have to give them a reasonable time to make any repairs, and yes you may find that they try and fail, but you have to let them try.

Mitzey40

teffers wrote: »

In reality if the phone had a fault when it was sold to you, you are entitled to a refund or exchange. CPW are not the sort of company I would EVER want to deal with again after the experiences I've had with them however.

The Sale of Goods act does not give them 3 attempts to fix a product that was faulty when purchased.

The sad fact is CPW will argue that they have their policy and that's that, my advice is go to Consumer Direct and get your rights confirmed in writing, then begin the process of harrassing CPW into following the law, not their 'policy',

Also just to confirm - CPW are responsible for the sale of the phone as mentioned, not the line rental agreement.

Thank you, thats what I thought. I was sold something with a fault therefore I would of expected them to replace it. But because of their 'Policy' this isnt going to be the case.

I understand about the line rental, I just find it frustrating that im paying for something that my son cannot use.

Thank you for your advice, I will take the phone back today and tell them it was obviously sold to me with a fault that hasn't been repaired despite the fact that they did a repair that the diagnostic test came up with (a battery swap) Actually makes me wonder if they really did do a test on the phone.

Thank you

Mitzey40

gjchester wrote: »

CPW are willing to look at the phone and repair it, that counts in thier favour. You can't demand a refund or replacment without letting the vendor have a "reasonable" length of time to look into the problem. You need to let them try this before you can go further, or failing that call/ email Samsung and they may be willing to take a look.

If CPW / Samsung did not want to look at it thats a different matter, but you have to give them a reasonable time to make any repairs, and yes you may find that they try and fail, but you have to let them try.

As I mentioned to gjchester I will take the phone back today for a 2nd repair. Im also going to ask them if I can see the 1st diagnostic report. I think my hands are tied in this matter...

Jakg

I find it odd that you took the contract out in November even though you had no intention of using it until the end of December, but complain you've paid for line rental you can't use?

gjchester

Jakg wrote: »

I find it odd that you took the contract out in November even though you had no intention of using it until the end of December, but complain you've paid for line rental you can't use?

Think the OP covers that it was bought as a present and he knew he'd lose a month, it's just been in repair a month so he's lst the 2nd months rental for nothing (and maybe more as it gets repaired again)

Mitzey40

Jakg wrote: »

I find it odd that you took the contract out in November even though you had no intention of using it until the end of December, but complain you've paid for line rental you can't use?

If you read my first post you will see that i took it out towards the back end of November as a gift for my son for Christmas (which is when I do all my christmas shopping) Whether I took it out when I did or take the contract out in December I would still have had the 1st payment which they added to my original account taken on the 17th Dec. Im more annoyed at the fact that I just paid the second months line rental yesterday knowing that the first repair has failed and the phone still cannot be used.
I think you would pretty much feel the same...

DarkConvict

If the phone is faulty and not usable, you can try and claim against CPW for loss of service because you are unable to use your phone contract. You are paying for a service you can't use, due to them selling a faulty device.

Mitzey40

Well today I returned to CPW to explain that the phone was still faulty, I actually explained to the manager of the store.

Told him that I was not happy that I have had to return for a second time as the phone is still doing exactly the same (losing all charge after a few hrs)

I asked if I could see the diagnostics report from the first repair, he checked the computer and said that diagnostics were not done on the phone, just a battery replacement and a reset due to the nature of the fault.

As you can imagine I was a little more than annoyed as I was told by the assistant when I went to collect the phone for the first time that they had done this report which came back as a faulty battery which they repalced, so to cut a long story short I waited over a week for them to replace a battery and lie to me saying that this is what the diagnostics reported.

I asked if he could just give me a new phone because it is a manufacturer fault and that they should have repaired it the first time, he refused and said that all they can do is another repair.

I said that this is not good enough as I have just paid the 2nd months line rental for something that cannot be used so can I have some sort of comp for this, he said no!!

Well what could I do, i said ok repair the phone and and I would like a temp phone for my son to use as he needs to carry one at all times having type 1 diabetes it has the emergency numbers for both him and the ambulance crews if ever needed. The manager said, we dont have none!!! well I was fit to explode by this time.

I think Im just going to write to the complaints dept as I think it is disgusting the way they are not carrying out repairs properly and the whole situation is disgraceful!