Problems with a new but broken phone

soolin

At the end of July I bought a Sendo M550 for my son's birthday today. We've had it out the box to show off to friends and to check that his existing O2 sim works and noticed about a week ago that a black line had appeared at the top of the screen.

The black line got deeper and deeper and when the phone was switched on this morning it had a large orange sun spot type thing obliterating the screen.

I took it back to the O2 shop who told me that they considered any fault like this to be caused by trauma and not a manufacturer problem and declined to exchange it even though they admit that the phone has no other visible damage to it and looks straight out the box. When I pressed them they said that I was perfectly entitled to have it sent off to be repaired but as this is a low cost phone £70) it would almost certainly be considered beyond economic repair.

I called Sendo who were sympathetic but said that they contract all their repairs out and passed me onto the repairers.

The repairers said that it was extremely unlikely that this fault could be a problem with the phone and that they would therefore probably consider the phone to be worthless and not repairable. However, I can of course send it off and let them see it as quite rightly they could not make a diagnosis without having the phone in front of them.

I've come away from the shop for a breather as I was getting cross but can anyone else make any suggestions?

I'm going to take some photos of the camera to show that it is otherwise brand new and unmarked in case I need to prove it later. I am also going to take a letter in to O2 with the phone to say I am retruning it within 30 days as there is a problem. According to the Trading standards website the onus is then on the shop to prove that this was trauma damage, but that just turns into their word against mine.

Any help would be appreciated.

Thanks

Soo

sergeant121

Not fit for purpose.  Demand full refund.  If refused, Small Claims Court.

The Sale of Goods Act 1979 (as amended)

The mobile phone should be of a satisfactory quality, fit for its purpose and as described. When deciding whether the mobile phone is of a satisfactory quality, its appearance, finish, durability, safety and freedom from even minor defects can all be taken into account. If the mobile phone is faulty, you have a legal claim against the retailer of the phone, who should help you to resolve any problems.

http://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=ADV0056-1111.txt

Crescendo_2

My daughter had a problem with what seemed like a brand new phone - took it back to shop who refused to give her a new one. Next stop Trading Standards who wrote to the shop - Back to shop - New Phone!
Dont let them rip you off just go straight to TS.
Best of Luck.

soolin

The Head office of the shop phoned me late one evening after I had written saying I would go to the Small Claims court. They have offered to exchange phone as a goodwill gesture. I have sent the old one back recorded delivery as requested and am waiting with fingers crossed to see if the replacement actually arrives.

Soo

soolin

Good news! The replacement phone arrived this morning, no covering letter or anything, just a new sealed box with a Sendo M550 in it.

I'm pleased it all got sorted out but sad that it takes such a lot of hassle to deal with some companies. Still, son is very pleased as he has his birthday present back again.

Soo

terrierlady

;D well done, just goes to prove that its worth sticking at it.just a pity for all involved that you had to go to such trouble what ever happened to customer care?.