faulty vodafone 9 days old

smcaul

gjchester wrote: »

Hard to say.

Sale of goods act is not totally clear in that a fault has to be reported in a reasonable time. What is reasonable is not documented.

In the event of a fault the retailer can offer a refund, replacement or repair, and it's the retailers choice. They are offering a repair so within the law.

I'd have through 9 days was a reasonable time but if Vodafone have a 7 day in store return policy then it needs to be repaired not replaced or refunded.

Totally incorrect, it is not, and has never been the retailers choice. It is the consumers choice, but the retailer can refuse if the remedy is disproportionate - that is what the SOGA actually states!!! But whichever remedy is decided upon it must not "significantly" inconvenience the consumer! And bear in mind the retailer would have to prove the remedy asked for was disproportionate if it went as far as a court!!

gjchester

smcaul wrote: »

Totally incorrect, it is not, and has never been the retailers choice. It is the consumers choice, but the retailer can refuse if the remedy is disproportionate - that is what the SOGA actually states!!! But whichever remedy is decided upon it must not "significantly" inconvenience the consumer! And bear in mind the retailer would have to prove the remedy asked for was disproportionate if it went as far as a court!!

Again I'll point out the SOGA is not clear.

SOGA says (Borrowed from the Which site)
If you want to get your money back

If you buy a product that turns out to be faulty, you can choose to 'reject' it: give it back and get your money back. However, the law gives you only a 'reasonable' time to do this – what is reasonable depends on the product and how obvious the fault is. However, even with something like a car, you usually have no more than three to four weeks from when you receive it to reject it.

The problem is that reasonable time is never defined. If it was an ice cream in summer a few minutes would be reasonable. I think 9 days easily falls in that for a mobile, Vodafone obviously don't. After that "reasonable time" your remedy is a repair, refund or replacement, at the retailers discression. Vodafone are taking that stance.



As I said it seems Vodafone are making a mountain out of this, it should be a straight refund or swap.

Vodafone

Hi daisydoodle

We have a 7 day retun policy in our retail stores. If the handset develops a fault outside this period we will offer a repair.

If you would like me to look into this further for you, please send us an email.

Please include the code WRT135 in the subject field along with a link back to this thread.

Regards

Sukhi
Web Relations Team
Vodafone UK

Guys_Dad

Vodafone_company_representative wrote: »

Hi daisydoodle

We have a 7 day retun policy in our retail stores. If the handset develops a fault outside this period we will offer a repair.

If you would like me to look into this further for you, please send us an email.

Please include the code WRT135 in the subject field along with a link back to this thread.

Regards

Sukhi
Web Relations Team
Vodafone UK

Is 7 days a reasonable time to reject an item? Regrettably, it's a matter of opinion that needs a MCOL test. Trading Standards web site says http://www.tradingstandards.gov.uk/kent/factsheets/FS1NEW%20nov07%20goods.pdf


EU are planning this, I believe, so Voda, you may be acting against the spirit of things if you stick to 7 days.
http://www.out-law.com/page-10515

smcaul

gjchester wrote: »

Again I'll point out the SOGA is not clear.

SOGA says (Borrowed from the Which site)
If you want to get your money back

If you buy a product that turns out to be faulty, you can choose to 'reject' it: give it back and get your money back. However, the law gives you only a 'reasonable' time to do this – what is reasonable depends on the product and how obvious the fault is. However, even with something like a car, you usually have no more than three to four weeks from when you receive it to reject it.

The problem is that reasonable time is never defined. If it was an ice cream in summer a few minutes would be reasonable. I think 9 days easily falls in that for a mobile, Vodafone obviously don't. After that "reasonable time" your remedy is a repair, refund or replacement, at the retailers discression. Vodafone are taking that stance.



As I said it seems Vodafone are making a mountain out of this, it should be a straight refund or swap.

Actually the SOGA is very clear, it states the consumer has the choice, it does not get any clearer then that!!

Can I suggest you go and read the legislation its self rather then a condensed form of it from the Which! website!!!

Guys_Dad

smcaul wrote: »

Actually the SOGA is very clear, it states the consumer has the choice, it does not get any clearer then that!!

Can I suggest you go and read the legislation its self rather then a condensed form of it from the Which! website!!!

I agree that the consumer has the choice to get a refund - but the Act says "within a reasonable period" and then chickens out about what is a reasonable period.

If you think it is clear cut, then you are in a very small minority and if you can point to where in the legislation it defines "reasonable" in a way that equates to days or weeks, then I am happy to apologise and eat my words. I have, actually, read the legislation and can't find that.

However, any serious research on line will confirm that it is the very woolliness of "reasonable" that is causing the EU and others to want to tighten up the legislation.

The Law Commission produced a report in 2009 that is still not introduced into legislation and I quote
"THE CURRENT LAW (Part 2)
The traditional UK remedies
1.10 Put simply, the consumer is entitled to reject faulty goods and terminate the contract.

The consumer may then refuse to pay for the goods, or (if they have paid already) claim a full refund. We refer to this as “the right to reject”. However, the right to reject is lost once the consumer is deemed to have accepted the goods, which may happen “after the lapse of a reasonable time”.

Thereafter, the consumer is entitled only to damages.

1.11 The case law on what amounts to a reasonable time provides little guidance on how long it lasts. In one case a consumer was said to have accepted a new car in less than four weeks;

in another, the buyer was entitled to reject a car after seven months"

I recommend the easy to read Law Commission report http://www.lawcom.gov.uk/docs/lc317.pdf that makes it very clear that there is confusion over the period one should have to enforce rejection/refund and recommends 30 days for clarity. Unfortunately, it is still only a report and not law.

But, smcaul, you carry on believing it is all straight forward and black and white. All evidence supports gjchester's post and I can find none to support yours. I would prefer yours was right, though !!!

daisydoodle_2

thank you all for you advice and support t know
after a lot of emails and phone calls this has eventully been sorted out
i had a phone call to say i could have a refund but the manager of the store i bought it from and returned it to yesterday has barred myself my aging mother and my baby son from his shop so i cannot return it there i didnt know this until the phone call today
but i was refunded over the phone and can post the phone back to vodafone
i would love to go to the papers with my son to see if he is the youngest person ever to be barred out of a shop
i really cant understand as i wasnt abusive maybe he just doesnt want to eat humble pie and hand the cash back to me

thanks again everyone

MissKeith

Is there a Guy's Dad fan club?

Edit: Good grief, I just saw the comment above mine. Well, I'm glad you got a result of aol this but I know one company who I won't be applying for. 7 days is the worst interpretation of the SOGA I've come across in the mobile industry and this includes Orange ridding their hands of their iPhone customers with faults. I'm sorry you've had to deal with this and I wouldn't blame you from going to the media either!

Silk

Vodafone_company_representative wrote: »

We have a 7 day retun policy in our retail stores. If the handset develops a fault outside this period we will offer a repair.

This is an interesting thread !

Does anyone have a copy of the Shop T&C's ??? (quick look at the web one only seems to apply to internet and phone orders )

Does the wording state 7 days or 7 working days ???

@ Sukhi
It would seem the fault showed within 7 days but was only able to get the phone back to the shop on day 9

daisydoodle wrote: »

but the manager of the store i bought it from and returned it to yesterday has barred myself my aging mother and my baby son from his shop so i cannot return it there

:eek:
I think I would be naming and shaming the shop and the manager

Silk

MissKeith wrote: »

Is there a Guy's Dad fan club?

:rotfl:
Yes, if you wish to join you have to apply in writing to MJ

:rotfl::rotfl::rotfl: