Phone shop have broken my mobile phone!

Nerine

Hi,

I received my brand new mobile phone in the post today however I managed to insert the wrong size sim card and got it stuck!!.. I took in to a mobile phone repair shop (just a high street shop not a network shop etc) who said they would be able to remove it but that would require them to take the phone apart.. I said ok and left it with them, they told me it would take about 1 hour to do and they will call me when its fixed... 2 hours later they hadn't called me so I called them and the assistant said that he has cracked the plastic around the camera lens and that I would have to claim this on my mobile phone insurance... I told the assistant (who I have now found out is the store manager) no way am I putting in a fraudulent claim because you have broke my phone - he said this is the only way around it... I was unhappy so I went into the shop and spoke to the assistant (manager) - I said you have broke the phone so you should replace it, he said - I tried to help you by trying to get the sim card out in the first place.. He said as its a new phone the part thats broken cannot be replaced as the part is not being produced as a spare part yet.. I made it clear again that I will not be putting in a insurance claim for it as it wasn't my fault.. He told me to call back on Monday and he will try and find the part that he broke..

Where do I stand with this? It's the phone shop that have broke the phone and they are saying that the part they need is not available and they will not provide me with a brand new handset and no way am I putting in an insurance claim when it wasn't me who broke it?

Thanks

grumbler

It's pretty clear to me that it is the shop's fault and that they have to sort everything out. It would help if you recorded all the conversations with them.

Del_Astra

You took a phone which was brand new to a high st store, instead of returning it under warranty? Why did you do that? Was it because you had put the wrong size sim in? Did you force the sim? I assume it was to large,.

Sorry the actions you took, putting wrong size sim in then taking it to independant shop, when you would assume you could return to the place you purchased from considering you had just got it. Think you will have to admit that the phone is broken due to you putting the wrong size sim in.

I'd wait and see what they come up with on Monday, they are problably hoping to get one with a cracked screen or something off ebay and use it for parts.

Nerine

Re Warranty.. As I got the sim card jammed myself I didn't think the warranty would cover that as it was my fault as opposed to there being a manufacturer fault with the phone.

DUTR

Nerine wrote: »

Re Warranty.. As I got the sim card jammed myself I didn't think the warranty would cover that as it was my fault as opposed to there being a manufacturer fault with the phone.

To be honest, I think you are at a loss, for two reasons, the cynical me, suggests that somebody is plain thinck to wedge a sim card in a device, if it were going to place properly then it would have done easily, at the time you took it to the shop the device is already 'ruined' how are you going to prove the store had done anything and besides their liability would be to return the handset to you as you presented it to them.

Del_Astra

Did they get the sim card out?

What type of phone is it? I'm guessing its a newer smartphone that takes a micro sim? I'm assuming the broken part is normally housed inside the phone casing? As opposed to it being visable from the outside. Just wondering if it would be part of a new case, if you see what I mean.

Have you searched for the part? I'd expect they guy in the shop to "Know" but then I'd also expect them to know what they are doing and not cause further damage. I'd be seeing if it is possible to get the part.

Nerine

Motorola Razr I

I am very frustrated by this and the cheek of him telling me to put an insurance claim in.. I kept my calm with him though, I said you have broken the phone and I just want it put right.. I shall see what happens on Monday...

[Deleted User]

This is really unfortunate. It's one of those situations where the guy was obviously trying to help you out and made a mistake. Is he liable for the damage? Probably yes- but go easy on him.
Did he charge you for the 'repair' he tried to make? I might be inclined to offer him the cost of the part required.
Sometime I think its better to not offer help to people, if it goes wrong, its all your fault. Sad indictment of today's blame game society imo.

Emy1501

Just take back to shop and give them the choice of fixing it or you will sue them.

If if your insurers cover the matter you could go through them and then leave them to sort it out with the shop.

You took it to a repair shop to fix. If they could not fix it they shouldn't have got involved.

prowla

IMHO, the shop damaged it and the shop is responsible.
It is irrelevant whether the OP had borked the phone by putting in the wrong SIM, and indeed if the shop had damaged that bit too in taking it out then they would also have been responsible, having accepted it for repair.

thegoodman

Sfitzter wrote: »

Did he charge you for the 'repair' he tried to make? I might be inclined to offer him the cost of the part required.
Sometime I think its better to not offer help to people, if it goes wrong, its all your fault. Sad indictment of today's blame game society imo.

100% agree. This is the reason I never offer help to anyone. The other person will be happy to take your help until something go wrong. People chagr their face as soon as something go wrong for bad.

It's not worth helping anyone now days

How are you going to prove that shop have damaged your phone?
Do you have paper work?
Do you have any kind of paper work from the shop?

I think otherwise shop will say I have never seen this phone before.