Samsung 'Repair' Centre

sarah_b_2

I paid Samsung for a repair to my phone of £130 in June 2013 as my phone had stopped charging. I was told it was 'water damage' so I reluctantly paid for it to be fixed.
Fast forward to September. Issue happening again, but on and off. I put it down to a glitch and left it until November were it was taking 14 hours to charge my phone to 12%. Back to square one. I ring Samsung and I send my phone back to be repaired.
2 Weeks later, I rung them as I had not heard anything and was told that phone had been fixed and was on its way to me. However when my phone arrived it was unfixed; apparently due to ''being out of warranty''.
I rung up the repair centre, to be told because I have a cosmetic crack (caused by a upset toddler) they are refusing to open up my phone. They acknowledged that the crack is purely cosmetic and can in now way cause the issue that I am having.
I asked for a refund, they have refused. But they are refusing to fix my phone as its ''out of warranty due to the crack''.
I contacted trading standards because I wasn't happy, I had paid for a repair and it had not been fixed. the adviser explained the Supply of Sales and Services Act 1992. They explained all repairs must be done to reasonable skill and care which has not happened in my case as the same issue has reoccurred. In no way I have damaged my phone via water damage, I am too scared to use it in the bloody rain after last time so I am extra cautious.
I told Samsung this (more than 10 times in capital letters lol) and still they don't get it.
I have quoted legislation, I have explained the difference between the Sales of Good Act and the Supply of Sales and Services Act 1992 as they were telling me to 'go to the retailer'. Although it was Samsung directly who had fixed my phone.
They have now sent me their ''final stance'' email stating that they are not going to do anything unless I PAY THEM to fix my phone.
I have sent 3 written letters via recorded delivery, emailed them 10 times and rung them 5 times. I also emailed their ''CEO'' but I suspect that the address is linked to customer services as it was on there site.
Where do I hit the point of escalating this past Samsung? Is there a Ombudsman for electrical products? How long do I give it (to show I am being reasonable with resolving it with the company before court) before submitting a small courts claim?
I will be ring the Citizens Advice helpline again in the morning, but I am wondering if anyone on here has experienced similar to me. This has never happened to me before and its daunting.
I am extremely annoyed and stressed out. During this time I haven't got a working phone which I am stuck with until June 2014 and I am paying out for a contract I am not using. I have just sent a email to watchdog but not rating my chances :rotfl:.
Thank you for listening, and I hope I have posted in the right bit.
Sarah.

Retrogamer

So you paid Samsung £130 to repair it. It was repaired.
Then a few months later, the problem happened again and this time Samsung won't open the device as there is cosmetic damage on the device?

How do you know the cosmetic damage didn't contribute to the charging issue the second time?
I think you will need to prove the latter, then start small claims proceedings to get this to progress

wealdroam

The Op has now posted the same thing on The Consumer Rights board:

https://forums.moneysavingexpert.com/discussion/4847953