trouble getting a refund off "cash Generators" 2nd hand blackberry (advice needed)

stevie_boy

Hi

On Friday I bought a blackberry (£90) from for the wife and it kept rebooting.

I took it back today and after half hour messing me around the manager came out and had a play.
He said he could not find fault and I would have to have it looked at by the engineer.

I explained that sometimes it happened after 4 hours, sometimes after ten minutes.

I did not want to leave it and wanted my money back.

Later today showing my daughter the phone it decided it would not come on, I have connected mains charger but nothing, dead as a dodo.

just took it back and under fluorescent lights you could see something faintly, but no boot.

Manager (who is a proper ^%*&, said it's a flat battery, I told him it was fully charged and he said no phone will come on when flat
just by connecting to mains. doh

He said again the engineer would need to see it.

I walked out and threatened him with court action as I believe he is completely wrong but he don't care in the slightest so I want to

1. get my rights correct
2. hit him hard in the pocket with mine and legal costs (after of course the obligatory letter 7 days etc).

The long and short of it is I do not believe he has the right to expect me to leave it with him, as I certainly do not accept a repair,
besides I don't trust him.

Normally I would say to him try the battery in another one and THAT battery in my faulty one but he is so horrid it is not worth trying.

appreciate people's thoughts.

steve

grumbler

stevie_boy wrote: »

...I want to

1. get my rights correct

For in-store purchases there is no cooling off period unless the retailer's internal policy says otherwise.
Their obligation is to repair or replace, but they may offer you a refund instead.

Browntoa

look at it from their point , customer comes back with what they claim is a faulty unit and wants a refund , no fault found so no refund offered

same customer comes back later on and now the phone is "broken" with a fault they neither complained about before and did not exist before

would you not be a tad suspicious ??

Browntoa

and I suspect you will get better advice on another part of the forum so I will move the thread there for you

stevie_boy

What do you mean not the same fault

why would I take it back without a fault then with one.

He stood there waiting for it to reboot, though as it was random it did not do so.

The phone was rebooting sometimes after 4 hours sometimes after 10 minutes

How was I supposed to stand there all day until it decided to reboot?

you say:with a fault they neither complained about before and did not exist before

OF COURSE IT WAS THE SAME FAULT, and he knew it, the phone just never got round to
booting back up after rebooting yet again (WHICH IS the original fault)

Browntoa wrote: »

look at it from their point , customer comes back with what they claim is a faulty unit and wants a refund , no fault found so no refund offered

same customer comes back later on and now the phone is "broken" with a fault they neither complained about before and did not exist before

would you not be a tad suspicious ??

stevie_boy

Surely if the phone keeps rebooting it is not fit for purpose
also it it then reboots but does not then power up and is completely dead
then I have better rights than you are suggesting

The phone is completely dead
I am 90 quid down
I am not rolling over

It will be a refund or I will make as much noise about the company I can and will continue to email them
everytime I post up something truthful but negative about them.

PS area manager now stepped in and contacting the store after I explained to head office the circumstances.

grumbler wrote: »

For in-store purchases there is no cooling off period unless the retailer's internal policy says otherwise.
Their obligation is to repair or replace, but they may offer you a refund instead.

Handsome90

Steve, I understand you are feeling very frustrated now but legally they can replace, refund or repair. It will be their choice. However, you can insist on a refund.

arcon5

The store has a right to inspect goods before offering a remedy. They must do it with minimal inconvenience to the customer. As for sending it off, nothing wrong with this. Infact most retailers will send it off to the manufacturer to determine the fault and/or inspect.

When threatening somebody with court, it's a good idea to know what your rights are at that point. You can claim reasonable costs via the courts, and I doubt you would be awarded legal fees apart from the filing + hearing fee.

With respect, you also sound like a nightmare to deal with. You can 'make noise', but where do you think it will get you? You have not even allowed them thhe reasonable opportunity to inspect the goods and determine a fault exists.

However, under Sales of Goods Act, you have 'reasonable' time to reject a product for a full refund. Reasonable is ambiguous, personally i'd say 5 days from purchase, others may think longer, the shop may disagree. Ultimately a judge would decide whats 'reasonable'.
After this period you are entitled to a remedy, a repair, replacement or refund which is 'in effect' the retailers choice. Fortunately within the first 6 months the burden is on the retailer to proof the fault is not inherent.

Maybe go back a discuss the issue with them in a calm, non-emotive manner. Tell them your rejecting the product under Sales of Goods Act as not fit for purpose. Allow them to inspect it and if they cannot prove misuse they should refund you then.


Key points:
- discuss the issues with them and give them the opportunity to inspect goods before getting irate and making wild threads
- deal withit in a non-emotional, objective manner
- stop making so much "noise" when infact you've dennied them the opportunity to send it of for inspection

visidigi

Handsome90 wrote: »

Steve, I understand you are feeling very frustrated now but legally they can replace, refund or repair. It will be their choice. However, you cannot insist on a refund.

I've corrected that for you...

bod1467

You can request, you cannot insist.

CoolHotCold

bod1467 wrote: »

You can request, you cannot insist.

No if you purchased it a few days ago you can legally insist in a refund.

Under the Sales Of Goods Act you have a reasonable time to inspect the goods and return if faulty.


http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange

You have a reasonable timeframe to inspect the goods before you have deemed to "accept" them, within this reasonable timeframe you can always get a refund (providing it's not a service thats started or you've done the damage yourself)