Carphone Warehouse refusing refund

miketv

Hi,

We need some advice please. My Mum recently decided to get a new PAYG phone. She chose a Samsung, and the O2 shop said she should buy it from the Carphone Warehouse (why I just can't fathom!). She's had it less than 28 days and it has "just died", obviously a faulty product. She wants to return it as she now has no faith in the brand (it was her first new phone for 5 or 6 years) and wants to be able to rely on her mobile. From what we've read on here, if it's within 28 days, according to the sale of goods act she can return it as it's not fit for purpose, and can have a refund.

However, we've hit a brick wall as all Carphone Warehouse keep saying is that they "don't do refunds". They have offered her an exchange but as I said, my mum wants to rely on the phone, for emergency situations and the like, and does not want the worry that it might just die again when she needs it most. Why are they being like this? It's THE LAW isn't it- do they think they are big enough just to disregard the law?

Any help and advice of how we can move this forward would be greatly appreciated.

daleski75

Did they only offer to exchange the phone for the same make/model or did they offer a different make of equivalent value?

miketv

They offered to exchange, for the same make and model.

grumbler

miketv wrote: »

...From what we've read on here, if it's within 28 days, according to the sale of goods act she can return it as it's not fit for purpose, and can have a refund.

Don't know where you read this, but this is untrue.

However, we've hit a brick wall as all Carphone Warehouse keep saying is that they "don't do refunds". They have offered her an exchange but as I said, my mum wants to rely on the phone, for emergency situations and the like, and does not want the worry that it might just die again when she needs it most. Why are they being like this? It's THE LAW isn't it- do they think they are big enough just to disregard the law?

The LAW says that CPW have to repair or replace with the same model. Nothing about refunds or other models.

daleski75

I've had a few samsung phones over the years and never had an issue with any of them, you could just of had a dud and the replacement could be fine for many years to come. I can see why your mum wants a reliable phone and she has lost faith in it however from what I can see CPW have offered to do a straight exchange which is a fair offer to be honest.

Worst case scenario your mum gets another brand new phone and if she really wants to get rid of it then I am sure some company would let her trade it in for another mobile however it is not guaranteed if she gets another phone that one won't have issues as well.

daleski75

FYI @ OP

http://whatconsumer.co.uk/the-sale-of-goods-act/
http://selfhelp.carphonewarehouse.com/SelfHelp/request.do?view()=c%7B11675630-0cf5-11df-5538-f20203001e3d%7D

miketv

Grumbler- it's on the MSE website here...

(The forum won't let me post a link as I'm fairly new, but if you got to the MSE website, then stick this on the end you can have a look)...

/shopping/consumer-rights-refunds-exchange#services

and says...

Within four weeks. You can usually still get a full refund as you're unlikely to be seen as having 'accepted' the goods. After that only expect exchange, repair or part-refund.

grumbler

I think the words "usually" and "law" don't marry.

http://www.which.co.uk/consumer-rights/sale-of-goods/understanding-the-sale-of-goods-act/your-rights/
Act as soon as possible - a section in Martin's article.