sale of goods act- mobile phone

Kim_Possible

Apologies if i have posted this in the wrong section, it might be better suited to mobile phones.

I would like your assistance to ensure i get the best outcome while exercising my consumer rights.

In Dec 2009 i purchased a brand new Blackberry from Play.com

In the last 6 months it has been persistently giving trouble, such as switching off, keyboard and tracer ball unusable, freeze screen etc.

I have researched these problems and found them to be a known issue with this make a model.

I emailed play.com and referenced the Sale of Good act where As the device has failed due to an inherent defect, it is not of satisfactory quality nor is it durable and so they are in breach of contract.

To which they replied if i could provide an independent report to say it was a fault from the beginning or is repeatedly occurring then they could look into issuing a refund.

As i would not know where to start regards obtaining an independent report for the mobile phone, my question is this- are there any other negotiating tactics i could use before i explore the independent support avenue?

If you think I might get a better response in Mobile section i will move the thread.
TIA

Slowhand

Get an independent report from a local phone shop if you have one.

shaun_from_Africa

are there any other negotiating tactics i could use before i explore the independent support avenue?

Not really.
By asking you to provide an independent report, they are acting totally in accordance with their obligations under the SOGA.
Any report you get must state that the problem is due to a manufacturing defect which was present at the time of purchase but the problem has just come to light.

To be honest, I think that you will struggle to get this for a mobile phone that has been working okay for well over 3 years before any problem was found, and it could easily be due to something like moisture ingress from sweaty hands.

Even if the report goes in your favour, you will probably be offered a partial refund as Play are allowed to make a deduction to cover the time you have had a working phone.
I would have thought that a mobile purchased almost 4 years ago wouldn't be worth too much in today's market as 4 years depreciation on it would be a very high percentage of what you paid.

Kim_Possible

Slowhand wrote: »

Get an independent report from a local phone shop if you have one.

I do not have a reputable one in approx distance thus why I asked for alternative suggestions.
Thank you for taking the time to read and reply

pmduk

I'd suggest it's time for a new phone. 3.5 years is probably a reasonable time for a phone to last, I'd cut my losses and move on.

George_Michael

Have you tried a system reset and updating the firmware?
As there are so many different problems it does sound like a software issue rather than a hardware one.

Deleting everything on it and going back to factory settings may well help. (just remember to make sure that you back up all of your information first).

Kim_Possible

Thanks. I may have to admit defeat. I cleaned the phone with a micro fibre cloth and it resolved the issue temporarily but now the device is showing " no network"!!
Thanks for the replies

dalesrider

Kim_Possible wrote: »

Thanks. I may have to admit defeat. I cleaned the phone with a micro fibre cloth and it resolved the issue temporarily but now the device is showing " no network"!!
Thanks for the replies

Back off and remove all the battery/cards inside. Give it a good blow out to remove dust.
Put everything back and it should work.

No network would tend to point to a sim issue.

pinkshoes

I think over 3.5 years is excellent for a blackberry given how much use they usually get!

Even if you get an independent report, you may only be given a tiny partial refund as it's almost at the end of its natural shelf life, so probably not worth it.

bris

They would, as the do use the depreciation scale, only offer you market value for the phone even if you did get the report in your favour.

As your phone is so old, depending on the model, it may not even have a value, have a look on the resale sites to see what it is worth before you go to all the trouble.

3.5 years for a mobile is good going, just because the law says 6 years it doesn't mean everything has to last six years, it's just a guidline, your phone could very well fall outside that.

paddyrg

Especially for a blackberry - those keyboards have loads of little buttons waiting to wear out! They're well-built, but I'd say 3.5 yrs is a pretty decent innings. I'd have replaced at least once in that timeframe personally, and be preparing to do so again!