carphone warehouse & broken mobile

Mich3113

Hi everyone. First post so please be gentle with me! Daughter signed contract at cpw and got nice shiny new mobile. This broke 3 weeks later (wouldn't charge) so she took it back and geek squad checked it and agreed it wasn't charging!! They sent it for repair but are now saying she has to pay for repair as isn't covered by warranty and are saying they believe she jammed the charger into phone and broke charging unit. Daughter is 26 and not new to plugging chargers into phones!! I love this site and know all about SOG and SOGAS but not sure how she stands with them saying she broke it?? Can anyone please help me with some advice??

grumbler

Mich3113 wrote: »

...I ... know all about SOG and SOGAS but not sure how she stands with them saying she broke it?? ...

IMO, it's a case of "not fit for purpose".
In all mobiles micro USB ports are just surface-mounted (=glued to the board) and are far too easy to break if the chassis doesn't provide adequate support.

Mich3113

Hi Grumbler, so happy to hear from you. Just to say its a Nokia Lumia phone which has a small round connector so not even possible to put it in upside down etc. Plus I've never had a Nokia where you can push the connector in further than it's supposed to go. I was thinking pretty much all of the SAD FART rules apply but cpw are being quite arrogant (for want of a better word!) and saying tough luck pay up!! Also because it was given free with service contract I was wondering if cpw are still responsible?

grumbler

CPW are notorious for being arrogant. I think the only way to put them in their place is to sue them via a small claims court (online). The fact that the phone was 'free' is irrelevant as you sue them for the market cost of a new handset plus court fees plus inconvenience. And during the first six months the onus lies on them to prove that it was a customer's fault.
I think any judge will agree that the charging port that breaks during the first few weeks is not fit for purpose, but don't take my word for this.

Mich3113

So I will take her back there and quote SOGA at them and if they still refuse to budge it's court for them!! Just a quick thought, if their geek squad guy was the last one to plug a charger into the phone surely he would have noticed a fault like that?? Or not? Thank you so much for your help.

grumbler

Mich3113 wrote: »

Just a quick thought, if their geek squad guy was the last one to plug a charger into the phone surely he would have noticed a fault like that?? Or not?

I think this is arguable.

Mich3113

I'm sure you're right! Thank you very much for your help and advice Grumbler. Much appreciated.

Guys_Dad

The most important thing is to get it fixed. You can allow CPW to fix the phone, charge you and then claim that was "under duress" and go to Small Claims Court (MCOL). Tell them in advance that is your intent - in writing. You are almost certain to win and the onus on them is to disprove the fact that it was a manufacturing problem.

You would be within your rights to question their "expert" in court.

You could also take it to a Nokia Repair Centre and get a 2nd opinion.

Mich3113

Hi Guys Dad, thanks for the advice. Not really keen on paying cpw to do the repair in the hope that I might get my money back somewhere down the line to be honest. Do you suppose if I take it to nokia and they don't think it's her fault (which they shouldn't as it isn't!!) that they will fix it under warranty? Or if I take it just for a second opinion and then take it back to cpw can i pay for repair and advise them I will be taking them to small claims court? Just don't know what to do for the best as never been in this situation before.

Guys_Dad

Your contract is with CPW and they have given their verdict. No one else, therefore, has any obligation to do anything for free.

Nokia repair centres might look and see what is at fault, but they don't work for nothing.

You could ring Nokia UK and ask if they would be prepared to examine the handset - they wouldn't charge you I am sure. HTC always were good about examining their handsets and Apple demand it.

Have you been given a price to fix it by CPW?

Mich3113

Just phoned Nokia (thanks for the advice) and they have said they would have a look at it and give a second opinion for free. Daughter isn't with me at the mo but pretty sure she said they want £50 for the repair which given the value of the phone doesn't seem too bad but the fact that she'd only been using it for 3 weeks makes me think it's unreasonable for them to charge her. That and the fact that she says she hasn't jammed the charger into it as they are stating!!