cpw phone - november 2013. in repair 2. waiting. can i get refund? new phone...

wakkaday

i bought a simfree nexus 5 and it had a fault with the lights,

i recieved it as a gift in december, there was a fault which cpw took the phone in and repaired... however there were two other faults with the phones

one being a poor camera ( probably a manufacturer issue) but i still dont think its fit for purpose

and second fault is the simcard sometimes is unrecognised and i have to take simcard out and enter again which is annoying..

anyway cpw on the second occasions said they have put in a request to replace the phone but it needs to be sent off. on the notes that request is written...

however after speaking to the repairs team they are saying their enginerrs will have to look at and will make a decisions...

now my thing is i bought a new phone and within the first 6 months there have been faults which i dont think make the phone fit for purpose

surely i should be allowed a refund? any other organisation / company would exchange or give a refund

im without a phone for a few weeks each time it goes into repair

im guessing cpw wil give me a refurbished handset or fix the one i have and give that back? but i dont think thats good enough for a new handset..... and they should give me a refund/replacement? am i right

if they do offer a refurbished handset? am i entitled to say NO!
If they offer a new handset (same model) am i entitled to say NO! because i dont think its fit for purpose as i have had the model before and it had to go into repair twice

can i get a refund?

i know cpw are going to be idiots about the thing but i would like to know my rights, can i tell my credit card company and what do i tell them? do i have a chance? do i take legal actions?

please advise...

grumbler

MSE article: Consumer Rights

In short, there is no a right for a refund. And there is no a right to get it replaced by a new one.

wakkaday

even under warranty. i thought the onus was on the shop for 1st 6 months... to sort it..

mije1983

wakkaday wrote: »

even under warranty. i thought the onus was on the shop for 1st 6 months... to sort it..

By repairing the handset, they are sorting it. It's just unfortunate that it's not the solution you are after. You are within your rights to request a refund, but they may reject that request.

Have you asked them if they have a loan phone you can have while yours is in for repair if you don't have another one to use? Again they may well say no, but equally they may have one.

Bingolingo

wakkaday wrote: »

even under warranty. i thought the onus was on the shop for 1st 6 months... to sort it..

They'll be following the terms of the warranty which will persist for one or two years. In most cases it's much easier for a buyer to have something fixed under the manufacturers warranty than rely on statutory rights under Sale of Goods - for example, no shifting of the onus of proof to the consumer after 6 months.