Pay to return my faulty phone?

LivingInaMadHouse

Please bare with me as this is the first time i have posted on here.
Just before Christmas i treated myself to a new mobile phone from Carphone Warehouse, it is a Huawei Asend (Y300 i think). My Husband had bought the same phone about a month earlier & has no problems with his. However, after it has been on for a few minutes the centre of the screen starts to discolour on mine. I took it back to the shop today & was told that Huawei now insist on doing their own repairs & that i need to return it to them (at my own expense i might add). I did tell them i didn't believe this was right & that my contract of sale was with Carphone Warehouse but was told that it was a misconception that a lot of people believe. I would be very grateful if someone would confirm what my rights are & what i need to quote to them to get them to listen as i am not very good at the 'standing up for myself' thing. Thank you.

wealdroam

LivingInaMadHouse wrote: »

Please bare with me as this is the first time i have posted on here.
Just before Christmas i treated myself to a new mobile phone from Carphone Warehouse, it is a Huawei Asend (Y300 i think). My Husband had bought the same phone about a month earlier & has no problems with his. However, after it has been on for a few minutes the centre of the screen starts to discolour on mine. I took it back to the shop today & was told that Huawei now insist on doing their own repairs & that i need to return it to them (at my own expense i might add). I did tell them i didn't believe this was right & that my contract of sale was with Carphone Warehouse but was told that it was a misconception that a lot of people believe. I would be very grateful if someone would confirm what my rights are & what i need to quote to them to get them to listen as i am not very good at the 'standing up for myself' thing. Thank you.

Here is a short extract from MSE's Consumer Rights guide:

Know who's responsible

When returning items, beware shops trying the oldest trick in the book: saying they're not responsible for the shoddy goods and you must call the manufacturer. This is total nonsense!

If a company fobs you off by saying “go to the maker instead”, it's wrong. It's the retailer's job to sort it.

It doesn't matter if it's an iPod from a high street shop or a designer frock from a department store. If something's broken, torn, ripped or faulty, the seller has a legal duty to put it right as your contract is with them.

Lots of other good stuff in there too.

LivingInaMadHouse

Thank you, I did tell them that i was sure that they had to sort it but they insisted i was wrong. I have printed off the pocket list of consumer rights & will try taking that to them. What do i do next if they carry on insisting though? Thanks for your help.

[Deleted User]

LivingInaMadHouse wrote: »

What do i do next if they carry on insisting though? Thanks for your help.

You could try emailing their head office.

That's what we did, when our local Comet store wouldn't replace my brother's faulty mobile phone, on the grounds that "you've had it for over 14 days, so you have to contact the maker".

Failing that, try Trading Standards.

frugal_mike

If you want to be specific with them, the law that states what happens here is the Sale of Goods Act. This law says that:

• If your phone is inherently faulty then the retailer must repair, replace or refund you (but the refund can be partial to account for usage).
• All faults that happen within 6 months of the purchase date will be assumed to be inherent unless the retailer proves otherwise.
• The retailer is responsible for paying all costs involved in providing the remedy, including any postage costs.

They're being more than a little naughty in trying to make you think you have less rights than you actually do.

Let us know if they rebuff you again and we'll come up with a next step.

Bowling_4_Gold

Are you sure that Huawei are going to charge you postage costs? I have dealt with several phone manufacturers and in all cases they have either sent a prepaid label, or a courier to pick the phone up!

You could go through Carphone Warehouse, but unless they are going to do a straight swap in store, it may be quicker and easier to deal with Huawei themselves...

AnnieO1234

Be very specific, perhaps in writing and tell them you do not accept third party liability. Your contract is with Carphone Warehouse and their attempts to claim otherwise are fraudulent.

LivingInaMadHouse

Thank you all for your help. Bowling_4_Gold, i did ask if i would be expected to pay to return the phone & was told yes but i do have to ring them 1st to 'book it in', if they send a prepaid label i am happy enough to send it straight back to them but don't think it's right for me to have to pay when it's less than 6mths old. I will give it a try & see what they say. Thanks again.