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Phone sent back for repair a second time, what rights if still not working?

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  • daindian
    daindian Posts: 434 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    i would speak to consumer direct and seek there advice or contact citizens advice
  • donny909
    donny909 Posts: 273 Forumite
    Well the plan was to take her phone back to the store, refuse the loaner (another story) and nip round to virgin mobile (works out a better deal) and sign up with them. Only things never worked out that way and we ended up stuck in the 3 shop for over an hour and the gf has the same loaner back again.

    By the end of it even the guy who worked in the shop seemed to think it's going to end up with trading standards and prehaps thats were we should go!!!. Says it all about a company when an employee thinks you should go to trading standards.

    Interestingly and annoyingly enough things are getting very annoying now. When the gf took her contract out she added a flexable internet add on for £5 per month that could be added or removed at any time. I recall this myself so know this to be correct. Today we at least tried to cancell that but they were having none of it. The are insisting she agreed to have that tied with the original contract in exchange for getting 3 to cancel £12.XX of internet useage she occured before the add on went active. This is a total lie (and the guy in the shop looked like he felt aukward over the matter). What happened was when the gf asked for the internet add on they said it would take x time before it became active. In fact she left it twice as long to be sure it was active. Only after a good day of using it she went to check the mins remaining as she was using the calls a lot like some do with a new phone they want to use etc. Only to notice there was over £12 of internet useage. The gf calls 3 and points out that she should not have to pay that as it was twice as long into the activation time it should have took before she started using it. In the end the agreed because of that to wipe the £12 odd at make sure the internet addon was activated.

    Only now 3 are claiming that was not the case and instead she agreed to take the internet add on (which she never did or would) for the full period of the phone contract in return for them wipeing the wrongly accumilated £12 off her account. The store are saying we cant prove otherwise as they delete all calls after 12 months. Surely anything relating to contract agreement should be stored indeffinatly in case on contractual disputes like this?.

    3 are now taking the pi$$ and am a little unsure on what we can do.

    By the way, the phone has gone back for a third time. But even the guy in the shop feels they might not replace the phone as the repair place is claiming it has been repaired, tested and working and most parts replaced (apparently) so may even via or with the manufacturer dispute the non working status and keep going through the repair process untill the contract expires.
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