HELP !! Three upgrade nightmare

Herongull

d123 wrote: »

So I can smash something and then use rights under SoGA to get a refund?

If I bought a crystal vase and then dropped it and it shattered I can return a box of glass shards for a full refund?

Similar, but slightly more melodramatic scenario as the OP.

If you really did this you would be guilty of fraud if you then claimed that it had arrived smashed. But you may get away with it as it may be difficult for the seller to prove that you smashed it.

Under SOGA the vase would be assumed to be already smashed/smashed in transit unless the seller could prove otherwise. Within the first 6 months, the onus is on the seller to prove that it isn't faulty/already damaged/wrongly designed. After 6 months, the buyer has to prove that it is faulty/already damaged/wrongly designed.

Things can and do get damaged in transit. It is unreasonable to expect buyers to accept goods that arrived smashed/damaged so the law tries to strike a balance between fairness to consumers and fairness to sellers.

Based on what the OP has said, it appears to be a straightforward case - he has statutory rights to repair/replacement or to rescind the contract.

scorpio78

I phoned 333 again today explained the SOGA and explained about trading standards.. but these call centre guys are just robots that do what it says on the paper

went to apple they can give me a new handset , but for £180 !!!!

I will try three hq over here , might even go down as I am not gonna pay £180, even to repair the screen its gonna cost me minimum £150

screwed over either way

Herongull

Assert your legal rights and don't them fob you off.

You are entitled to a repair/replacement (unless they can show that you caused the damage).

You also have the option of rescinding the contract due to a faulty phone if you do so quickly (usually within a few weeks).

The following link explains how to get this sorted.

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

scorpio78

the call centre people in india have not a clue when I mention legal stuff or trading standards etc

I will try three's uk head office, its not to far from me either so may just go down

d123

scorpio78 wrote: »

the call centre people in india have not a clue when I mention legal stuff or trading standards etc

I will try three's uk head office, its not to far from me either so may just go down

Before you make a fool of yourself, take the earlier advice of speaking to Trading Standards BEFORE you do anything else, you need to get proper advice of where you stand, and it's not worth going over all the points again here.

keith1950

OP ....how long after delivery was it before you reported and did anyone sign for the parcel ?

OP , it might help if you could give us some idea of how long after delivery you opened the box.

The fact you have not switched the phone on and inserted the sim should help your case, they will have the delivery log from the courier and network log showing no connection, if you weren't tempted to switch it on !

Three should exchange the phone and claim off the couriers insurance.

im-lost

Herongull wrote: »

Assert your legal rights and don't them fob you off.

You are entitled to a repair/replacement (unless they can show that you caused the damage).

You also have the option of rescinding the contract due to a faulty phone if you do so quickly (usually within a few weeks).

The following link explains how to get this sorted.

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

Nonsense, a broken screen isn't a 'faulty' phone, and it's something that would be picked up on immediately on delivery, and three have provisions in place for dealing with phones that are delivered damaged.

The OP has left it an unspecified number of days before contacting the network, after signing that the delivery was all in order, in that time they could have been using or to play baseball.

It would be an extremely rare occurrence for a phone to turn up damaged anyway, especially where the packaging hasn't been damaged, as per the OP, it takes quite a lot of force to damage the boxes phones are sent in, they could even support the weight of a grown man.

A phone isn't going to get a broken screen unless the box is in some way completely crushed.

Herongull

Of course a phone with a broken screen is faulty/not of satisfactory quality.

See: http://www.adviceguide.org.uk/england/consumer_e/consumer_common_problems_with_products_e/faulty_goods_e/what_is_meant_by_not_of_satisfactory_quality.htm

Minor defects usually mean not of satisfactory quality and a broken screen is more than a minor defect! Would you really expect a brand new phone to have a broken screen? I certainly wouldn't accept it.

When you sign for delivery, you are just signing for the box, unopened and uninspected. If another family member is signing for the box, they certainly won't open it.

A separate question is how the broken screen occurred. Was it broken to start with? Did it break in transit? Or did the OP or his family drop the phone?

To avoid responsibility for the break, the mobile company would have to show that the phone was broken after it arrived in the OP's home. If they can't show this, then they have to repair/replace the phone at minimal inconvenient to the OP. The OP might even be able to reject the phone contract if he acts quickly.

That is the law. The OP does not have to prove that he didn't break the screen, the mobile company has to prove that he did.

Silk

im-lost wrote: »

Nonsense, a broken screen isn't a 'faulty' phone, and it's something that would be picked up on immediately on delivery, and three have provisions in place for dealing with phones that are delivered damaged.

The OP has left it an unspecified number of days before contacting the network, after signing that the delivery was all in order, in that time they could have been using or to play baseball.

It would be an extremely rare occurrence for a phone to turn up damaged anyway, especially where the packaging hasn't been damaged, as per the OP, it takes quite a lot of force to damage the boxes phones are sent in, they could even support the weight of a grown man.

A phone isn't going to get a broken screen unless the box is in some way completely crushed.

It's not nonsense at all.

The time scale described by the SOGA is described as reasonable not "immediate" as you claim

The OP did not sign for it

The package would not be damaged if the phone was placed in the box already damaged in the first place.

There is no point in going over "what if" situations but rather sticking to the facts and the legislation which covers them.

ess0two

As stated earlier has the fone been connected to the network yet?