2 week Lumia 920 warranty void due to liquid damage

boothgreenwood

Could anyone help!
I got a brand new Lumia 920, after 2 weeks it stopped working. I arranged online for Nokia to collect it for repair, no one came to get it. I did this twice and still it wasnt collected. I took it to a local Nokia care point who looked at it and tried to fix it- they couldnt so sent it to Nokia. They got it back after 2 weeks.
I've just got an voicemail from the shop saying that Nokia have sent it back and the warranty is void as there is water damage- the phone has been no where near any water!
What can I do?!
Because they've been messing around for so long its now past the 28 days where I could send it back from the company I bought the phone from for a replacement.
Does anyone know where I stand?!
Thanks

d123

If the phone had liquid damage the retailer wouldn't have been obliged to replace it either.

If you want to pursue the matter further you will need to get an independent report to verify there is no liquid damage present and take them to court.

boothgreenwood

I havent seen the pictures yet, but how do I prove I didnt do the liquid damage if there is any. As I said, I've used the phone less than 2 weeks. Could it have happened during transit, at the care centre or what?? I dont know, all I know is I'm a month into a 2 year contract and have no phone through no fault of my own

Browntoa

people take them in the bathroom , outside in the rain , water damage happens easily

d123

boothgreenwood wrote: »

I havent seen the pictures yet, but how do I prove I didnt do the liquid damage if there is any. As I said, I've used the phone less than 2 weeks. Could it have happened during transit, at the care centre or what?? I dont know, all I know is I'm a month into a 2 year contract and have no phone through no fault of my own

Unfortunately it could also have happened at some stage during the 2 weeks you used it, so it would be pretty difficult to prove water damage in transit when it would probably have been sealed in a box.

If the phone is water damaged and irreparable you would have to look into buying a cheap phone to see out your contract. A new Android phone can be had for £50-£70, a windows phone for around £120 or a cheap basic phone for around £10. Plenty of links to deals on this forum.

boothgreenwood

So I cant do a thing about it?

macman

'Water damage' doesn't mean immersed in water. It could just be humidity.
You can commission your own independent engineer's report. But this at your expense, and if you lose you'll not get that refunded.

Herongull

You have statutory rights under Sale of Goods Act (actually given it is a contract phone, the relevant act is actually the Sale of Goods and Services Act. But your rights in relation to the goods are apparently the same as in SOGA. There was a recent thread about all this.

In relation to SOGA (and presumably also the Sale of Goods and Services act), you can reject a faulty good within "reasonable time" and claim a refund. After this time you as long as the problem is caused by faulty manufacture/design, you can get it repaired or replaced by the seller up to 6 years after purchase.

In the first 6 months it is assumed that the problem is caused by faulty manufacture/design unless they can prove otherwise. After 6 months you have to prove faulty manufacture (eg by getting an engineers report).

You are within 6 months, so they have to replace or repair the phone unless they can prove (not just say) that the problem is caused by you getting the phone wet. If the phone is so badly designed that normal use and normal water vapour in the air causes it to fail, they are still liable.

Herongull

And here is the recent thread.
https://forums.moneysavingexpert.com/discussion/4596167

It related to a phone that was outside the 6 month period.

Getting your phone repaired/replaced by the retailer should be straightforward as you are within the 6 month period (unless of course you really did get your phone wet and they can actually prove this).

Herongull

Additional useful links

http://www.which.co.uk/consumer-rights/problem/my-mobile-phone-is-faulty-what-can-i-do/

http://www.which.co.uk/consumer-rights/action/how-to-get-a-faulty-mobile-phone-replaced-or-repaired/