Returned iPhone to seller for repair & still problems.

boobies

K_P83 wrote: »

I emailed Amazon before i came here. They replied.

They said to my sister to file a claim vs the seller.

Have sent a reply back asking if there's grounds for a claim due to the scratch appearing in my sisters ownership. Obviously the scratch doesn't change the fact that the phone is defective.

Also specified that she doesn't want a repair or exchange, she now would only like a refund from this seller. All trust has gone out the window.

If she has grounds for a refund then great, if not then i don't know why Amazon are advising to pursue a claim.

You need to give this information as part of the claim. Stop sending pointless messages and lodge a claim.

Nine_Lives

The messages aren't pointless though are they. I'm not emailing Amazon saying hi how is your day so far. I'm emailing to see whether there are grounds for a REFUND, not just a claim, but a REFUND. If it was just straight faulty, i would imagine the answer to be yes, but as my sister has put a scratch on the rear of the phone, i'm not so sure ... hence me asking.

So there IS a point to my messages.

I just thought she was out of the time frame which i read on Amazon yesterday. This is another reason why i was surprised at their response.

Nine_Lives

Word back from Amazon is that she can file a claim, but they can't say that she'll get a refund ......... as this is up to the seller (the same seller who has already said she's not getting a refund).

Claim procedure is therefore a waste of time.

The seller refuses to acknowledge the questioning about the refund of the return postage & the return of the SIM key.


The phone has now been factory restored via iTunes & now wont recognize SIM cards (o2 & Vodafone have been tried).

My sister is so P'd off with the whole thing & i'm even moreso as somehow i've been dragged into this & i've already wasted enough time on it.

Nine_Lives

I'm fast getting a sore head with this.

Yes it's regarding the iPhone issue AGAIN.

Amazon have been in touch after not reading the email (or rather, partially reading) they were sent.

Their reply was that a claim can be filed, but it's up to the seller if they want to refund. (The seller has already said they wont due to a scratch appearing on the phone, despite this phone being defective).

Amazon seem to think the seller wont respond, when they were never actually told this.
The seller has responded & offered ANOTHER repair, but my sister doesn't want to play hot-potato with this phone any longer. She wants a refund.

Amazon have said to pursue the claim.

My question is this......

Amazon are saying to claim, the seller has already said no to a refund.

I imagine the phone needs to be returned sharpish during the claim. The seller will then have the phone back, but be refusing a refund.

So the seller then has the phone, has the money (don't forget earlier that Amazon said it's up to the seller regarding the refund) & my sister then has nothing - no phone to sell on to make SOME money back.


I only have experience with eBay where buyer rules all. What are the chances of this happening with Amazon? As a bare minimum she wants the phone to sell on to recoup SOMETHING.

arcon5

They have a right to repair the newly found fault. It's only if they fail to do this within 'reasonable' time you have the right to reject it for a partial-refund.

You will only be without product and money during the time it is being repaired, they are not permanently depriving you of goods

Nine_Lives

That's not what i'm asking though.

My sister wants nothing more to do with this seller.

She buys a "new" phone, it has a major problem instantly (although stupidly on her part, she waits a while before mentioning it - yes, she's already been told about this).
It gets returned for repair & comes back with other major problems.

She doesn't want to keep sending it back & forth.

Let's say she returns it to get it repaired, and then it comes back with MORE problems.

Based on the advice of MSEers, she's entitled to the refund of the return postage. She's already asked the seller about the refund but the seller is being extremely vague, and only implying that they will refund.
When she asks the seller DIRECTLY about the refund (sorry, i don't believe it takes a week to refund & to return the key, especially when the phone was turned around within 3 days), the seller side steps the question & just blanks it. Instead they go on to discuss THEIR iPhone 4!!!! Like it has any relevance to my sisters iPhone 3GS or her return postage refund at all!!!!!!

So no, she is only wanting to go one of 2 ways now....

1) If she can get a refund via Amazon's claim procedure, then she wants this, but obviously doesn't want to return the phone, for the seller to then have the phone & money & refuse to give up either, leaving my sister with nothing (the reason this thread was created).
2) If she can't get the refund, OR, it is possible that the seller could bag the phone & the money, leaving my sister with nothing, then she just wants to throw it on eBay & learn from her [very] expensive mistake. This is obviously the last resort as she would rather option #1.

arcon5

That's not what i'm asking though.

You have so many threads of what is effectively the same issue that it's hard to keep up.

My sister wants nothing more to do with this seller.

Then go to the manufacturer directly or visit an Apple store. Although your contract is with the seller, you may get quicker results directly. Although I understand you don't wish to do that.

She buys a "new" phone, it has a major problem instantly (although stupidly on her part, she waits a while before mentioning it - yes, she's already been told about this).
It gets returned for repair & comes back with other major problems.

She doesn't want to keep sending it back & forth.

Had she reported it instantly she would have had a case to reject it for a full refund. Although not really relevant as it's happened now.

If the same faults occur or they have cause further damage she may have a case to reject it for a refund.

1) If she can get a refund via Amazon's claim procedure, then she wants this, but obviously doesn't want to return the phone, for the seller to then have the phone & money & refuse to give up either, leaving my sister with nothing (the reason this thread was created).

Why would the seller do that? What have they done so far to make you think this will happen?

From your other threads I gather they have offered a repair on the newly developed faults.

2) If she can't get the refund, OR, it is possible that the seller could bag the phone & the money, leaving my sister with nothing, then she just wants to throw it on eBay & learn from her [very] expensive mistake. This is obviously the last resort as she would rather option #1.

The seller could also replace is with a Nokia 3310
The seller could also send you back a fake Chinese import
The seller could..
The seller could..

Lots of things COULD happen. No point focusing on what MIGHT happen without reasonable cause to believe this is going to happen.

Just send it back, have it repaired, reclaim the postage costs for returning it to them. If the same problem persists (ie repair failed), depending on the timeline you may have a case to reject it, as the seller is expected to offer a remedy with 'minimal inconvenience'.

boobies

Why not just leave it to your sister to sort?

halibut2209

boobies wrote: »

Why not just leave it to your sister to sort?

This. And please stop starting new threads. You are spamming now.

Nine_Lives

arcon5 wrote: »

You have so many threads of what is effectively the same issue that it's hard to keep up.

but the question is here, so why are we discussing questions elsewhere?

If i ask you what you had for breakfast today, you don't tell me what you had for breakfast this time last year.

Then go to the manufacturer directly or visit an Apple store. Although your contract is with the seller, you may get quicker results directly. Although I understand you don't wish to do that.

She's decided to now not go to Apple, as she doesn't want the hours drive, only for them to refuse the repair or likely offer a replacement at £150. She can sell hers for £150.

Had she reported it instantly she would have had a case to reject it for a full refund. Although not really relevant as it's happened now.

Correct

If the same faults occur or they have cause further damage she may have a case to reject it for a refund.

The same fault hasn't occured. Additional ones have, BUT, i can't possibly say whether the seller caused these when repairing the initial fault. I suspect they did (my sister read something up about a ribbon/cable #7), but it's just that - suspicion, not proof.

Why would the seller do that? What have they done so far to make you think this will happen?

As said above about the cable/ribbon. It could be an accident. It may not be. Nobody knows, but at the same time it's irrelevant. What is relevant is that the problem exists.

From your other threads I gather they have offered a repair on the newly developed faults.

They have & she doesn't want to be playing hot potato all year long.

They should refund her the initial return postage which they are stalling on.
PLUS they have her SIM card tray key which they haven't returned. It doesn't take a week to do this when the phone was turned round in 3 days.
PLUS avoiding direct questions regarding the postage refund & the key doesn't instil confidence.

The seller could also replace is with a Nokia 3310
The seller could also send you back a fake Chinese import
The seller could..
The seller could..

Lots of things COULD happen. No point focusing on what MIGHT happen without reasonable cause to believe this is going to happen.

True, but at the same time she no longer wants to keep returning it. She just wants a refund or to sell on, as i said somewhere
*checks*
Aye, my previous post

Just send it back, have it repaired,

As has been said ^^^

reclaim the postage costs for returning it to them.

They're stalling & then avoiding direct questions regarding this.

boobies wrote: »

Why not just leave it to your sister to sort?

I'd hate to be a family member of yours then!!

If a family member asks for my help then i help as much as i can. I don't tell them to forget it & sort it out themselves.

If i need help, family members offer me as much help as they can.

It's how it works. Everyone helps each other out. There's nothing wrong with that.