Mobile phone died.. Section 75 claim?

BenS1

Hi all,
a story first before I ask questions about a mobile phone that died. I am aware of Section 75, but I don't know much about it apart from that it is used to get refunds on goods.

My OH's old phone, which she was given when she got a new contract got stolen during a night out about 6 months into it (it's a 24 month contract) so she rang up Orange to see if she could get a new phone. Basicly they said that she was not entitled to an replacement yet so she had to get a PAYG phone and use that with the new sim that would arrive in the post.

Since she was short of money, and that I love her to bits I decided to get her a 99.99 phone from Argos using my credit card about 1 month ago. On top of that, I had to get a 10 quid topup on a PAYG sim as well.

Today, I was on the phone to her on my way to work when we got cut off. I thought prehaps she forgot to charge her phone. But now that I've got in, apparently on facebook she says that it has died.

So I was wondering whether I'll be entitled to a Section 75 reclaim. At the worst case, I was thinking we might just recycle the phone and use the money to help fund yet another phone but I'd rather get a Section 75.

Could I get some advice please?

Cheers,
Ben

Optimist

If the phone has stopped working your first point of call is Argos as that it where you bought it.

Forget Section 75 at this time, your understanding is somewhat flawed.The relevant piece of legislation is the Sale Of Goods Act however I would not go in quoting "your rights" at this point that does tend to get peoples backs up and is unhelpful.

I would also check to see if its a simple fault such as you suggest failure to charge before going into Argos

rsykes2000

I think you are massively over-reacting. Take it back to Argos, tell them it has died (assuming it's not just the battery) and get them to repair/replace it. If you then have problems, maybe pursue the CC path, but for now, go back to where you bought it.

Mark_Hewitt

A phone is no different to anything else. It's clearly faulty so should be returned for replacement / refund / repair.

BenS1

Thanks for your opinions.

Mobile phones are excluded from their replacement service from what I understand from their website so that's why I thought I'd go down the CC route. I didn't opt into their insurance plan. http://www.argos.co.uk/static/StaticDisplay/includeName/replacementCover.htm

I'll try speak to her when she finishes work at 5 and take things from there

4743hudsonj

BenS1 wrote: »

Thanks for your opinions.

Mobile phones are excluded from their replacement service from what I understand from their website so that's why I thought I'd go down the CC route. I didn't opt into their insurance plan. http://www.argos.co.uk/static/StaticDisplay/includeName/replacementCover.htm

I'll try speak to her when she finishes work at 5 and take things from there

Those are additional to your rights and do not override law, hence the statement, this does not affect your statutory rights.

Anyways you couldnt do a s75 claim as your a penny off and it applies to individual items rather than purchases so your top up will not push you over the threshold for claiming.

Grimbal

As far as I understand it, the replacement cover that is purchased separately is an additional cover to the standard year cover that Argos provides with their products. I checked in their standard T&C and they say:

"If you've had the product for up to 1 year, we'll repair the product or, if that's not possible, give you a replacement or, if that's not possible, a refund. "

So I would try to dig out the receipt and pop back to Argos & see how it goes from there

Liz

Weirdlittleman

Maybe your OH just didnt want to speak to you and has used the phone dying as an excuse.

BenS1

Weirdlittleman wrote: »

Maybe your OH just didnt want to speak to you and has used the phone dying as an excuse.

No need for the personal attack. My relationship with my OH is healthy and has been built up with trust and understanding. Exactly how does your comment/remark contribute to the orignal question I asked?

We've had a look through but we can't find the actual receipt. I have a copy of my CC bill when I bought the phone and have also located the email that I got when I reserved it prior to going to the store. Would this be enough to acceptable as a 'proof of purchase'?

Hintza

BenS1 wrote: »

No need for the personal attack.

I imagine it was meant as a joke.

But why do we need all the soppy bits......:D