Phone company lost my mobile whilst fixing it and only offering reconditioned

sarks

Hoping someone can point me in the right direction of either SOGA bit or whatever covers this.

My elderly friend has sent her phone off to Carphone Warehouse to be fixed under warranty and they've admitted losing it. In return they are offering a reconditioned phone.

What are her rights? Can she insist on a new phone?

grumbler

sarks wrote: »

Hoping someone can point me in the right direction of either SOGA bit or whatever covers this.

The SoGA says that it can be a replacement in the same condition or better. It doesn't say 'new'.

d123

sarks wrote: »

My elderly friend has sent her USED phone off to Carphone Warehouse to be fixed under warranty and they've admitted losing it. In return they are offering a reconditioned phone.

What are her rights? Can she insist on a new phone?

A few words clarified in your post.

Now what do you think a sensible answer would be?

redcard

The only difference between a new phone and a reconditioned phone is probably the box, and she will already have a box.

macman

If they hadn't mentioned it, your friend probably wouldn't have noticed that it wasn't a new handset. A decent recon is indistinguishable.

Bingolingo

sarks wrote: »

Hoping someone can point me in the right direction of either SOGA bit or whatever covers this.

My elderly friend has sent her phone off to Carphone Warehouse to be fixed under warranty and they've admitted losing it. In return they are offering a reconditioned phone.

What are her rights? Can she insist on a new phone?

If they've lost it her only rights are to be put back in the same position she was in before. If the phone was not brand new then a refurbished handset would be acceptable.

She should ask for a small sum for her inconvenience. The store may be willing to offer something out of goodwill. £10 or £20 would be about right.

Buzby

I doubt any financial consideration would be offered, but an accessory (case, bling or similar) would be reasonable. It would be unreasonable to expect a new handset, as that wasn't what was provided to the repairer.

The replacement will not have a charger (not needed) but have the latest firmware, so just like as new.