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THREE .. Consumer rights .. They lie!

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Moneybox
Moneybox Posts: 194 Forumite
Part of the Furniture 100 Posts Combo Breaker
:mad:
Samsung galaxy returned to three within 6 months as stopped charging. Repair centre contacted me and said water damage and could be repaired for £30 as not under warranty. I was very quick to tell the lady this was not correct! The phone has not been in contact with water, as I had been in bed for the week leading up to it failing with a crushed foot. That phone had not left the side of the bed. Then she changed her diagnostic to corrosion of the USB socket!

I have already been the shop and advised to email Three with details which I have done asking that the phone is repaired or replaced under warranty and returned at no cost. No feedback yet.. But who is my battle with? Is the shop responsible under consumer act?

And to add to this they decide to put the line up with inflation! Well done Three, when this contract ends you will lose 2 loyal customers!

But I have 1yr and a half left on contract and no phone!! Help.

Comments

  • MarkBargain
    MarkBargain Posts: 1,641 Forumite
    I have a similar problem with Expansys except that it's worse as I had to send my phone to them and they want £35 to return it to me still broken!

    https://forums.moneysavingexpert.com/discussion/3991713

    What can one do when a supplier just blames the customer for the fault, despite the fact the phone was well looked after?
  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 2 June 2012 at 10:16AM
    Within the first 6 months the onus lies on the supplier to prove that you damaged the handset. If water damage indicators are white and your was wise enough to take photos of them before handing the handset over, I think they will struggle to prove that the fault was caused by water. Sue them through the small claims court (online) for the market value of the handset if they refuse to repair it.
  • Moneybox
    Moneybox Posts: 194 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Madness! I am really mad, as if I had damaged the phone from miss-use I would have claimed on my insurance (not with Three). How can they change damage on the phone from water damage to corrosion when challenged. :mad:

    Dis honest company! Something's are wrong and this is one! However big they think the company is this one I will fight.

    I have used insurance before for a mobile phone. This one is a warranty issue.

    Any help appreciated. Is this battle with the shop or the repair center?
  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 2 June 2012 at 10:15AM
    I think 'corrosion' and 'water damage' are synonyms in this case.

    It is the supplier who has to repair under the SOG act, not the repair center. Consumer Rights
  • Moneybox
    Moneybox Posts: 194 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    What are water damage indicators?? Didn,t know about them. Would the shop have checked these before posting. We will see what feedback I get from my email and then see what the shop is prepared to do before the small claims court. Currently the repair center has the phone and no doubt will refuse to return it without an admin fee.

    Thanks coming to all your posts! -
  • MarkBargain
    MarkBargain Posts: 1,641 Forumite
    I believe there is a little thing inside which changes colour if exposed to any dampness.

    In theory, what would stop a repair centre splashing some water in the phone or causing some internal damage which they could blame on the customer, or simply saying this is the case?

    Like you, if I had damaged my phone I would have claimed it off my insurance not posted it away for repair under warranty.
  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    In theory, what would stop a repair centre splashing some water in the phone or causing some internal damage which they could blame on the customer, or simply saying this is the case?
    Nothing. That's why I said that it was wise to take good photos of them.
  • Buzby
    Buzby Posts: 8,275 Forumite
    Corrosion can commence from damp surroundings and not trigger the water indicators. They are not foolproof, but corrosion is - and is invariably cumulative. What happened in the days before it failed is irrelevant (unless dropped into a bucket).

    The repair centre is unlikely to fake the result, as it is no benefit to them - they get paid regardless. Your next step is to dispute the finding and get he handset checked out by an independent repairer. Do this, and if the fault causes do not match, take it up with them.
  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Buzby wrote: »
    Your next step is to dispute the finding and get he handset checked out by an independent repairer.
    Not needed in the firs 6 months. It's they who has to prove, not you.
    Independent party may be needed only if you want to dispute the proof, not some 'finding'.
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