SOGA/Help

Dan:)_7

Right. Bought a BB9900 from p4u on the 7th.

Was faulty when i got home, so replaced it on the 8th.

that one was then faulty, which got replaced a week? ago with the one i have now.

the p4u policy for exchanges is 28days, and i'm 2 days out which means it's probably gonna have to go off for repair.

Dya think this is unacceptable, and is a ground to cancel my contract under the sales of goods act, as its not fit for purpose?

How'd i go about getting a replacement/cancellation?

i dont want a repair, i've not even had the 2nd replacement a week!

Techhead_2

Its very unlikely you'll be able to cancel the contract, the service has been provided. It's the handset which is faulty.

You MAY be able to convince phones4u to allow you to reject the handset and select an alternative. If you want to do that then you need to be crystal clear with them about what's happened. Ideally do this in writing with a copy to their head office.

They could argue that you have already had a reasonable time to reject the handset. In which case a repair or exchange is within their rights.

The difficulty is that, if you can't reach an agreement you would have to pursue it in court.

What this all means is that precisely what happens is now a matter of negotiation between you and the retailer. Your first step is to decide what you want. Go back to the shop, clearly say what had happened and clearly ask for what you want. If you can't reach agreement then write to them as above.

Guys_Dad

Clearly handset seems to fail the fit for purpose requirements of the SOGA. You are entitled to a replacement unless P4U can prove that it was your actions that caused the problem. That applies for the first 6 months.

Techhead is spot on re the contract, though. Don't even try going down that route for the time being. Your beef is with P4U - negotiate with them for replacement or different handset.

derrick

Dan:) wrote: »

Right. Bought a BB9900 from p4u on the 7th.

Was faulty when i got home, so replaced it on the 8th.

that one was then faulty, which got replaced a week? ago with the one i have now.

the p4u policy for exchanges is 28days, and i'm 2 days out which means it's probably gonna have to go off for repair.

Dya think this is unacceptable, and is a ground to cancel my contract under the sales of goods act, as its not fit for purpose?

How'd i go about getting a replacement/cancellation?

i dont want a repair, i've not even had the 2nd replacement a week!

You stand a better chance of response if you post on the Consumer Rights board as it is dedictated to such queries, unlike the Mobile Phones board.


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