am i cheeky or do they owe me a phone?

Undersized_Rascal

Hi,
Last October a mobile phone insurer replaced my stolen phone. I canceled the insurance policy. Now 8 months later the replacement phone is breaking. I have taken very good care of it. I expect a phone to last longer than 8 months. Should the insurer that I'm no longer insured with replace the faulty phone? I paid them for the broken one through premiums so they should replace the defective goods they gave me? that's how i see it. maybe I'm being cheeky. Does anyone have anything I can quote at them? Has anyone had a similar experience?

if you need more details ask me ;o)
Thank-you all wonderful people for giving your time to answering our questions!

shudder

I honestly don't think you'll get much recourse from the previous insurer.

Your main course of arguament is going to be with you network provider. This is something I am personally disputing myself at present as I purchased a phone which developed an internal problem which is apparently common to the phone within 8 weeks of purchsaing it. They then send me a second hand replacement, should I get a new one as it is covered under the manuafactures warranty?

I have been told by someone in the business that the service provider they work for claim from the manufacturer get a new unit and then sell it on as a new item.

Whilst I get left with a second hand phone which has been exchanged twice beacuse the repairs wern't completed correctly on the reconditioned units they sent!

Undersized_Rascal

Well, I've started with the insurer because it is them that i bought the phone from ( through premiums). I'm with 3 and bought the phone from a now defunct company. I'll try to keep you all updated
x

olly300

shudder wrote: »

I honestly don't think you'll get much recourse from the previous insurer.

Your main course of arguament is going to be with you network provider. This is something I am personally disputing myself at present as I purchased a phone which developed an internal problem which is apparently common to the phone within 8 weeks of purchsaing it. They then send me a second hand replacement, should I get a new one as it is covered under the manuafactures warranty?

I have been told by someone in the business that the service provider they work for claim from the manufacturer get a new unit and then sell it on as a new item.

Whilst I get left with a second hand phone which has been exchanged twice beacuse the repairs wern't completed correctly on the reconditioned units they sent!

Sale of Goods Act just states that you should be provided with a refund or replacement. It doesn't state that the replacement should be a new handset.

However if the replacement has a problem however minor i.e. a scratch then you should reject it, stating it's not of satisfactory quality and make a fuss until you get a handset without this fault.

Undersized_Rascal

so i got through to the insurance company and they said no, call the manufacturer. they said i no longer haad a contract with the insurer. but that's like saying i hve no contract with a shop after I've bought something - surely the insurance people should do the repair. they gave me the faulty goods....should i just go via manufacturer?

Undersized_Rascal

olly300 wrote: »

Sale of Goods Act just states that you should be provided with a refund or replacement. It doesn't state that the replacement should be a new handset.

However if the replacement has a problem however minor i.e. a scratch then you should reject it, stating it's not of satisfactory quality and make a fuss until you get a handset without this fault.

under the sale of goods act who should I go to? the company that gave me the phone (the former insurer) or the manufacturer? And where would i find something to quote?
thank-you

olly300

From personal experience I tackle the company that is easiest to deal with be it the trader or manufacturer.

Normally the manufacturer, if they are well-known name, doesn't want their goods slated all over the media and will give you a replacement.

However:
"Under the Sale of Goods Act 1979 and The Supply of Goods and Services Act 1982 traders must sell goods that are as described and of satisfactory quality, and provide services that are to a proper standard of workmanship."


http://www.dti.gov.uk/consumers/buying-selling/sale-supply/page8599.html

So if you get no joy from the manufacturer then write a letter to the insurer (trader) making it clear they are responsible under the law (quote the acts) and in the letter tell them you will take further action if they don't sort the matter out in 28 days. Then after 28 days you will have to inform them in writing you are taking them to court in 14 days to get money to cover purchasing a replacement handset and they will be liable for the costs of the action. Send the letters by recorded delivery or fax as they will deny receiving them otherwise.

Small claims info - http://www.adviceguide.org.uk/index/your_rights/legal_system/small_claims.htm

BTW just put the acts i.e. sale of goods act in google and they normally come up in the first two links.

Undersized_Rascal

belated follow up..........

in the end 3 (phone company) agreed to repair the phone. insurance did not.
thanks