faulty phone - won't repair? Updated

chickaroonee

zaax wrote: »

Pay the £14.40 to get the phone back. Then send the supplier a letter before action.

I'm considering doing this as I feel like I have little choice now.

Who would the letter of action go to - the retailer I presume? Would I include the 14.40 in with my costs, even though that was levied by a 3rd party?

I suppose I would then have to try and get a report from a repair place to show that I haven't damaged the phone.

bod1467

susancs wrote: »

Edit: For some reason the CEO citation link came up with exclamation marks but it is ceo email .com for your reference.

The MSE forum now masks any references to that site, because the owner/creator of that site spammed these forums with the link. (Or so I understand).

susancs

chickaroonee wrote: »

thanks that is really helpful. I will definitely post on their facebook page and contact their ceo as well. I'm not sure it is a sudden death thing though, it's definitely the charging point that is at fault, I could see that myself when I had it.

Ah ok, I did not realise that you had actual visible damage at the charging point. I misunderstood and thought you had a dead phone that would not charge with no damage. If the case is that Sony is claiming the obvious damage is caused by misuse then it would be better if you followed the advice of others on this thread as my advice is related to a different issue and probably will not be of any benefit in your case.

susancs

bod1467 wrote: »

The MSE forum now masks any references to that site, because the owner/creator of that site spammed these forums with the link. (Or so I understand).

Thanks for the information, wondered why it came up as exclamation marks. Will alter post to take out any reference to the site.

chickaroonee

susancs wrote: »

Ah ok, I did not realise that you had actual visible damage at the charging point. I misunderstood and thought you had a dead phone that would not charge with no damage. If the case is that Sony is claiming the obvious damage is caused by misuse then it would be better if you followed the advice of others on this thread as my advice is related to a different issue and probably will not be of any benefit in your case.

No visible damage - it just wouldn't charge. I don't know why but know it's not the charger as tried others. The company Sony have contracted to seem to be saying it is physical damage (I think) but no one will return phone calls/emails etc to tell me the details. As I have no recollection of anything I could have done to damage it (it was only about 3 weeks old when I first noticed a fault) I think it's fair to expect an explanation about what I'm supposed to have done?

frugal_mike

Well the manufacturer probably don't have to tell you as you don't have a contract with them. The retailer on the other hand has to offer a resolution unless they prove the fault is not inherent (i'm assuming its less than 6 months since you purchased the phone here). If they are refusing to repair, replace or refund then I think they should give a reason.

chickaroonee

It is complicated as you say - contract is with the retailer. Retailer say send to sony for repair - which I did. Sony (unknown to me) subcontract to SBE. SBE say phone not covered by warranty and I have to pay to have it back. SBE/Sony ignoring phone calls and emails/letters. Retailer say it's my problem as sony say it's my fault.

I think I need to get the phone back and then take it up with the retailer, as you say that is who I have a contract with. BUT I think I deserve to know what they say is wrong and why. I also think I should not have to pay to get my phone back. I think at the very least someone should answer my phone calls/emails/letter? If I had known this would happen I would never have sent the phone to them.

frugal_mike

Well I'm no expert here, but here's how I see it. You took it to the retailer with a claim under the sale of goods act. They chose to use the manufacturer to assess the phone. Any charges the manufacturer make are the retailers problem.

The complication is that you sent the phone to the manufacturer yourself. You'll need proof that the retailer instructed you to do that I imagine.

chickaroonee

frugal_mike wrote: »

Well I'm no expert here, but here's how I see it. You took it to the retailer with a claim under the sale of goods act. They chose to use the manufacturer to assess the phone. Any charges the manufacturer make are the retailers problem.

The complication is that you sent the phone to the manufacturer yourself. You'll need proof that the retailer instructed you to do that I imagine.

http://www.mobilephonesdirect.co.uk/help/faqs - the company tell you to do this on their website and confirmed it after when I spoke to them.

At this point they told me it was my problem as sony say it is not covered by the warranty. I quoted the sale of goods act to them but they said it's my problem and they can prove the phone was in a sealed box before I got it; therefore it was not faulty.

I realise my contract is with the retailer under SOGA. I just need sony to confirm what they think is wrong with the phone and return it to me.

frugal_mike

Being in a sealed box is irrelevant, so I'm not sure what they think that proves. Not being covered by the warranty is also irrelevant as the warranty is above and beyond your statutory rights. The retailer have to prove it was not an inherent fault, and that would involve telling you how they proved that.