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Carphone Warehouse refund/exchange faulty phone after 5 months?
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Hello,
Need some advice regarding Carphone Warehouse refund/exchange.
The story so far:
I bought a Samsung Galaxy Apollo (i5800) from CPW at the start of July 2011 using Credit Card. Around September I started having trouble with it restarting (switching off and on by itself) and sometimes just switching off altogether (even though there is plenty of charge in the battery).
I contacted their tech support who advised me to upgrade the Android software from 2.1 (Eclair) to 2.2 (Froyo). I did this and the phone seemed better for a few weeks and then started resetting and switching off again. More worryingly, it started saying there was a USB connected/disconnected repeatedly even though nothing was connected. This resulted in draining the battery pretty fast, the handset overheating and the phone becoming completely unresponsive (need to pull the battery)
I took the phone into store this time (mid Sept) and they advised it had to go away for repair and could take 14 days. 2 weeks later I get the phone returned saying it's been fixed. I asked what had been fixed and they said "firmware upgrade" (which I'd already done). Switched the phone on, but within 6 hours of switching it on, the resetting problem happened again.
Took the phone back again (early November) and pushed for exchange but they said that was not possible and phone needed to go away for repair again. Reluctantly agreed but said I would be pushing harder for exchange or refund if it was still faulty after 2nd repair.
Got the phone back 18 days later and asked what had been fixed this time and they said "phone re-calibrated and firmware upgraded". They also mentioned that the engineers were unable to reproduce the fault. This time it worked for 40 hours and then switched off by itself.
My brother-in-law has the same phone and has no problems with his, so I know mine must be a faulty handset. Googling the handset reveals a number of people with similar problems.
Can anyone advise what rights I have, given the phone is out of CPW 28 day return policy, but still under Samsung manufacturers warranty and also given it's had 2 repairs but they are saying they cannot reproduce the fault (which isn't that hard to do, I just switch the phone on and leave it sitting there and periodically check if it's switched itself off, and check the 'Up time' to see if it's reset)?
I want to push the fit for purpose angle, ie it should work for more than 5 months and ideally I'd like a refund, or choose an alternate handset (paying any difference) as I've lost all confidence in this model of phone.
Thanks,
NiVZ
Need some advice regarding Carphone Warehouse refund/exchange.
The story so far:
I bought a Samsung Galaxy Apollo (i5800) from CPW at the start of July 2011 using Credit Card. Around September I started having trouble with it restarting (switching off and on by itself) and sometimes just switching off altogether (even though there is plenty of charge in the battery).
I contacted their tech support who advised me to upgrade the Android software from 2.1 (Eclair) to 2.2 (Froyo). I did this and the phone seemed better for a few weeks and then started resetting and switching off again. More worryingly, it started saying there was a USB connected/disconnected repeatedly even though nothing was connected. This resulted in draining the battery pretty fast, the handset overheating and the phone becoming completely unresponsive (need to pull the battery)
I took the phone into store this time (mid Sept) and they advised it had to go away for repair and could take 14 days. 2 weeks later I get the phone returned saying it's been fixed. I asked what had been fixed and they said "firmware upgrade" (which I'd already done). Switched the phone on, but within 6 hours of switching it on, the resetting problem happened again.
Took the phone back again (early November) and pushed for exchange but they said that was not possible and phone needed to go away for repair again. Reluctantly agreed but said I would be pushing harder for exchange or refund if it was still faulty after 2nd repair.
Got the phone back 18 days later and asked what had been fixed this time and they said "phone re-calibrated and firmware upgraded". They also mentioned that the engineers were unable to reproduce the fault. This time it worked for 40 hours and then switched off by itself.
My brother-in-law has the same phone and has no problems with his, so I know mine must be a faulty handset. Googling the handset reveals a number of people with similar problems.
Can anyone advise what rights I have, given the phone is out of CPW 28 day return policy, but still under Samsung manufacturers warranty and also given it's had 2 repairs but they are saying they cannot reproduce the fault (which isn't that hard to do, I just switch the phone on and leave it sitting there and periodically check if it's switched itself off, and check the 'Up time' to see if it's reset)?
I want to push the fit for purpose angle, ie it should work for more than 5 months and ideally I'd like a refund, or choose an alternate handset (paying any difference) as I've lost all confidence in this model of phone.
Thanks,
NiVZ
0
Comments
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I want to push the fit for purpose angle, ie it should work for more than 5 months and ideally I'd like a refund, or choose an alternate handset (paying any difference) as I've lost all confidence in this model of phone.
You have the right to a repair, refund or replacment, but it's the vendors choice, if they offer to repair the phone then you have to accept that.
As it sounds like it's in the first 6 months it's down to the manufacturer to prove the fault was not there at time of manufacture, however as they are offering a repaid (although unsucessful) they are legally right.
Sorry it's not what you want to hear, but you may get better luck contacting Samsung direct rather than it being fixed by CPW in house.0 -
If you're getting the runaround by CPW then have a look into your credit card's terms.
Technically the credit card company bought the phone so if you're having trouble then go through them.0 -
Thanks for the replies.
@gjchester - But how many repairs should they be allowed to do before they agree it's unfixable?
@bingolingo - Credit card act only covers purchases over £100 (afaik). Unfortunately the phone was £79.99 plus £15 top up
Away to give them a call and have it out with them. The shop is a 30 mile round trip and I don't fancy being without a smartphone for another 2 weeks (I've already had to use my old phone for a month so far) At this rate it'll have been with them longer than it's been with me.
NiVZ0 -
So after much phoning and passing around speaking to the store and the repair centre the repair centre agreed a "like for like" repair.
What they didn't mention until I spoke to the store again is that this is a swap for a 'grade-A refurbished' handset or one of the same value.
Do any of you think this is a fair deal? Their argument is the phone I purchased is now 5 months old (fault only manifested 2 months after purchase) - my argument is I bought a new phone expecting it to work.
Thanks,
NiVZ0 -
Your handset is used, they have the right to replace it with a used handset. To be honest, by law they could have offered a repair again. You're not legally entitled to a brand new replacement I'm afraid.Have I helped? Feel free to click the 'Thanks' button. I like to feel useful (and smug).0
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Do any of you think this is a fair deal? Their argument is the phone I purchased is now 5 months old (fault only manifested 2 months after purchase) - my argument is I bought a new phone expecting it to work.
Thanks,
NiVZ
Presumably when it was new it worked which is why you didn'y return it then. Now its no longer new and its no longer working. Thats why they are not replacing it with a new phone.
Its not something I would be happy about either but I dont think there is anything you can do.0 -
@latecomer - It did reset itself once or twice within the first few weeks, but I put it down to a glitch, or the battery being low. In the next 2 months it got to the point where it was resetting or switching off pretty much at least once every day (even on a full battery) which is when I realised it was definitely a fault.
Think I'll settle for a 'grade-A refurbishment' as long as it's in as good condition as mine which is always in a case and doesn't have a single mark/scratch on it.
I did find this interesting article from the Guardian, but I don't fancy forking out £30 to the small claims court for a phone that's only worth £79.99. Plus I'm not as able to take on a legal battle as someone who works for Trading Standards
http://www.guardian.co.uk/money/2009/oct/10/carphone-warehouse
Thanks again everyone for all your replies,
NiVZ0 -
That article made me roll my eyes. Nice "journalism" buddy. Quoting half the SOGA and not the fact that you have to give the retailer the chance to rectify the problem and is their choice on how to do so. Ugh articles like that make my blood boil. It usually ends with a customer kicking off to some part time employee on £6 a hour misquoting consumer law.Have I helped? Feel free to click the 'Thanks' button. I like to feel useful (and smug).0
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Yeah I did think he went in all guns blazing for a refund.
Howver, I have allowed them 2 chances to fix the handset I bought and they've failed both times.
Obviously I'd accept a working refurbished handset as that is better than the one I have at the minute. I also wondered if any apps I'd installed were to blame, but it still does it even after a factory reset and with nothing installed, and with no memory card or SIM card inserted.
I'm kicking myself for not taking it back when it did the first couple of resets, but from working in IT, I suppose I accepted a few crashes on such a complex device as being ok.
When it started doing it almost once a day that's when I realised something more serious was wrong but by then it was already out of the CPW 28 day refund/exchange policy
NiVZ0 -
I used to work for Carphone and the refurbs are usually of really high calibre. In four years of working there I only saw one in poor condition and I had a sneaking suspicion that it had been damaged by the courier. Of course we did replace it anyway.Have I helped? Feel free to click the 'Thanks' button. I like to feel useful (and smug).0
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