phones for you faulty phones.....

razer12121

my mum got a contract with phones for you and a samsung phone.....well anyway she has had to send the phone back 3 times...the thing is she had 2 of these phones! yes 2 contracts and BOTH of the phones had the same problem and funny enough alot of this phone has the same problem, anyway she has been offered a replacement of the same phone...but she doesnt want the phone, the chances are its going to have the same problem...well bassicaly what i want to know is....is she aloud to ask for a different phone from the one she is being offered?

gjchester

She can ask but the sale of goods act says it's down to the vendor to repair or replace a faulty product at the vendors choice. As P4U are doing repairs (or at least attempting them) you have no comeback.

You may be best phong up and asking them for a exchange, as a gesture of goodwill, or contacting Samsung direct asking the same thing, but eitherway it will be a goodwill gesture not a legal right.

butterbeanmash

Here we go again...

gjchester wrote: »

She can ask but the sale of goods act says it's down to the vendor to repair or replace a faulty product at the vendors choice. As P4U are doing repairs (or at least attempting them) you have no comeback.

This is simply not true. If the company has been given plenty of opportunity to repair the fault (i.e. several repairs) and they are unable to, then you are well within your rights to demand a replacement of equal or greater value. After several failed attempts at repair it's not "up to the vendor" to decide whether to carry the cycle on. If you don't believe me, and I know gjchester doesn't, phone Consumer_Direct (Trading Standards) and ask about your rights under the Sale of Goods Act when a vendor continually fails to provide a working phone.
And I'm not getting into a conversation about this. I'm only suggesting that the OP call Consumer Direct rather than relying on some advice received here.

gjchester

butterbeanmash wrote: »

Here we go again...

This is simply not true. If the company has been given plenty of opportunity to repair the fault (i.e. several repairs) and they are unable to, then you are well within your rights to demand a replacement of equal or greater value. After several failed attempts at repair it's not "up to the vendor" to decide whether to carry the cycle on. If you don't believe me, and I know gjchester doesn't, phone Consumer_Direct (Trading Standards) and ask about your rights under the Sale of Goods Act when a vendor continually fails to provide a working phone.
And I'm not getting into a conversation about this. I'm only suggesting that the OP call Consumer Direct rather than relying on some advice received here.

I agree here we go again.

Consumer direct have (as usual with goverment stuff) over simplified the process and in doing so are giving out duff information. Happens a lot I've had CAB tell me blatent lies before too. As long as the vendor is willing to make a repair then the customer has to accept it. P4U have repaired and replaced the phone and but as long as they are willing to do so there is not much you can do. The OP says the phone has been replaced already but it's not clear how many times each phone has been repaired before being replaced, they may have a 3 repairs rule that the OP has not hit yet.

If the phone was beyond repair, or they said it was uneconomical to repair then thats a different matter, but thats not the case here.

You may get a good will gesture of a phone swap, but as P4U are making the repairs they are complying with the SOGA. The only way you are likey to get a refund is if you can claim the fault was there at the time of purchase. The OP does not say how long they have had the phones but it's likely to take more to do that that it's worth to proove an inherant fault.

razer12121

well, heres a quick run down of what has happened, when she go the phone it had to go back almost instantly and got replaced with a new phone in the shop, it then since this date got sent back 3 times and now she is getting a new phone sent to the shop,

its becoming a big problem as she is paying a contract yet doesnt have the phone as its constantly of for repair lol,

the other phone which is the same make is having the exact issues...which seem to be common in this samsung phone....

yes the phone had the problem when she got it...but she ignored it and people (like me) who was calling her assumed she was not answering and didnt mention it

gjchester

P4U are willing to repair (in this case by exchange) the device, they are forfilling the legal obligation.
If the phone had the problem form the start and was ignored then it could be said your mum accepted the fault, how long was it before the fault was noticed and the first replacement done?

razer12121

was a week, the phone was taken back and replaced with a new one then, it has since been replaced 3 times and now she is getting the new one today