How long to wait for phone repair under warranty

meshydan

I bought an LG phone on an Orange contract from an online supplier in November last year. The phone developed a number of faults ( charging , keys ) and I returned it to the supplier in September this year - they acknowledged receipt , inspected it and sent it to LG for repair. That was 5 weeks ago. I continue to be billed for the contract of course.

I have chased it up with the supplier and they just say that they will get back in touch when they hear from LG. Having read some board posts I realise that I would have been better off dealing with LG directly but what rights do you think I have here. How long should I have to wait for the return of a repaired phone ? Should I think about a letter before action to the supplier ?

Thanks in advance

neilmcl

You need to speak to the retailer first and remind them of their legal responsibility under the SOGA that any remedy must be completed within a reasonable time frame and without causing significant inconvenience. If you're stilll not getting anywhere then send an LBA.

Forwandert

How long have they stated as a usual time for repair? I had an android phone previously where the repair time was stated as 8 weeks before it was sent off so anything earlier then that for a repair was a bonus.

meshydan

Thanks for the replies.

I think that I will go down the LBA route. You dont see a problem under SOGA with the period since purchase - ie 10 months ?. I thought that my position would have weakened after 6 months.
What should I be entitled to claim - a replacement phone , loss of use under the phone contract , out of pocket expenses ?

I musn't be as patient as you Forwandert. Normal repair times are apparently 1-2 weeks but my retailer just says that it can take longer depending on LG.

unholyangel

meshydan wrote: »

Thanks for the replies.

I think that I will go down the LBA route. You dont see a problem under SOGA with the period since purchase - ie 10 months ?. I thought that my position would have weakened after 6 months.
What should I be entitled to claim - a replacement phone , loss of use under the phone contract , out of pocket expenses ?

I musn't be as patient as you Forwandert. Normal repair times are apparently 1-2 weeks but my retailer just says that it can take longer depending on LG.

Doesnt "weaken" your position exactly. If a product is inherently faulty, you still have the same rights. The 6 month mark merely means that instead of the retailer having to prove it wasnt inherent (this is what applies during the first 6 months) the consumer needs to "prove" that it was.

Technically where a breach of contract occurs (do you already have it in writing the fault was inherent?) you are entitled to be try and recoup any reasonable loss you suffer as a result of their breach. But you also have a statutory duty to mitigate your losses (such as using an old phone, borrowing one from a friend or perhaps even the retailer themselves - an ex-display model maybe).

Atm though, it is likely they are repairing under warranty.

Esqui

Why not try phoning LG before going forward? They might be able to give you more info on it. Certainly won't cause any harm