faulty phone

wooper

Please could someone advise me on this matter

My son bought his girlfriend a blackberry curve for xmas (£230)
from a 3 network shop in cambridge
when she opened it it there was something wrong with the screen or behind the screen to be exact

today they took it back to the shop to be told basically to go away ,(you have no proof you dident damage the screen)

external screen is in perfect condition

he is not in a position to lose this money and his girlfriend doesent have a phone

any advice would be gratefully recieved
steve

grumbler

Difficult to say.
If the phone is faulty, then they have to repair or replace it (Sale of the Goods Act). And during the first 6 [STRIKE]days [/STRIKE]months if they refuse to repair/replace they must prove that you damaged it.

Consumer Rights "Give me my money back!"

gjchester

grumbler wrote: »

And during the first 6 days

Grumbler probably is still partying for new years eve

It's 6 MONTHS that they need to prove that the fault was caused by you.

Buzby

However, the main battle is one of credibility. If the phone has not been registered on the network at any stage, then the balance of probability is the customer is correct, as there is no easy way to damage the internal screen if the external is pristine. Was the box sealed at the point of purchase? How long before it was returned with the complaint?

Guys_Dad

Buzby wrote: »

However, the main battle is one of credibility. If the phone has not been registered on the network at any stage, then the balance of probability is the customer is correct, as there is no easy way to damage the internal screen if the external is pristine. Was the box sealed at the point of purchase? How long before it was returned with the complaint?

There is no grey area here. During the first 6 months, a vendor has to prove that it was not a manufacturing problem. After 6 months, it's the other way round.

From the OP, the shop did not send the phone for diagnosis and they are totally in the wrong for that. They have to check it out and then repair or replace the phone, unless they can prove it was customer damage.

They seem to have taken advantage of his youth/inexperience or the sales person is ignorant of consumer law.

Get someone with a bit of clout to go back to the shop with him, and demand that it is repaired or replaced. Full stop.