Mobile screen replacement- Rights to a refund

shukran99

I recently cracked my screen and took it to a mobile phone screen replacement shop (The phone doctor), Pontefract. It cost me £73 to get the screen replaced and I was told it was a GENUINE Nokia screen part. However, a couple of days after I started having problems with my phone, (Nokia Lumia 720). It started to freeze and I had to press a lot harder on the screen for it to work. Although, I can still use it to a certain extent. I took it to an 02 shop where I bought the phone last year and they sent it off to the repair centre in which a couple of days later I received a call from them informing me that they couldn't look at the phone because it had been fitted with an UNGENUINE phone part (the screen). I called the Pontefract screen repair shop and told them that the part was ungenuine and wanted a full refund, I made an appointment and that is when the trouble started...

I went for my appointment today and told the technician it was not a genuine part and I wanted a full refund. ALSO, he had not fitted the screen properly and the screen was hanging over slighting at the bottom and I was able to fit my finger nail in the top of the phone in the gap between the screen and the phone. O2 also confirmed that it had not been fitted correctly. The man was extremely arrogant and hostile towards me and said that he would only offer a refund if he could switch the phone screen he put on and put my old screen put back on. He brought my old screen back out (which actually was NOT my old screen), just one he pulled out of a box as mine was a lot more damaged. I refused to let him switch the screens as he did such a POOR job at fitting the other one the first time, I did not want him touching my phone again. He refused to let me have a full refund and let me keep the fraudulent screen on (god knows what he was going to do with the fraudulent screen once he got it back, probably sell it to another person!). Anyway, I said I was going to go to trading standards and walked out the shop with my phone STILL with the fraudulent screen on and NO refund.

What I wanted to know is: Do I have a right to a full refund as well as being able to keep the screen he fitted on? I am going to go to 02 and have it done properly but I don't want him taking the screen off. He has committed a criminal offence and In my opinion should NOT be entitled to get the screen back. Is there an Act of Law stating that I am legible to keep the faulty screen as well as getting a refund as well??? Agh :mad:

Need answers! Would be much appreciated if I could get any advice on the matter, 02 have said I should be entitled to keep the faulty screen as well as getting a refund..

Thank you!!x

Jon_01

By the sounds of it, you'd have to sue the shop.
Get a written report from O2 or their repairs and take a copy to the shop.
Tell them you want a refund and you don't want them touching your phone again.
If they refuse, which by the sound of it they will, go home a write a letter before action giving them 7 days to refund.
When they don't you'll need to start an action in the small claims court.

shukran99

hello, thank you for your reply. The thing is I am only 17, still in college, therefore going to court etc may take up a lot of time and I really need to concentrate on my A-levels, rather than stressing about court proceedings etc. I think I will wait a week and see if the phone repair shop calls me back, if not, I will go to trading standards. Is that a good idea? - thank you

Silk

shukran99 wrote: »

What I wanted to know is: Do I have a right to a full refund as well as being able to keep the screen he fitted on? I am going to go to 02 and have it done properly but I don't want him taking the screen off. He has committed a criminal offence and In my opinion should NOT be entitled to get the screen back. Is there an Act of Law stating that I am legible to keep the faulty screen as well as getting a refund as well??? Agh :mad:

No, you need to return the screen to him before he is liable for the refund.
Once O2 have fitted the new screen return the old one for the refund.

shukran99

Thanks for the reply. I may actually just keep the screen on he fitted because my phone is still partially working.. I only really use it for texting. What I want is to get a refund AND keep the screen he fitted. He sold me a phone screen which was ungenuine and said it was genuine (criminal offence), thus I should be entitled to keep the screen he fitted plus get a refund, surely? I am going to report him either way, he can't keep selling expensive phone replacement screens to people saying they are 'genuine' when they aren't!

shukran99

What did you mean by 'he is liable', don't you mean me??

Silk

shukran99 wrote: »

Thanks for the reply. I may actually just keep the screen on he fitted because my phone is still partially working.. I only really use it for texting. What I want is to get a refund AND keep the screen he fitted. He sold me a phone screen which was ungenuine and said it was genuine (criminal offence), thus I should be entitled to keep the screen he fitted plus get a refund, surely? I am going to report him either way, he can't keep selling expensive phone replacement screens to people saying they are 'genuine' when they aren't!

Both parties need to be put into the same position as before the transaction took place ie. he gets the screen back you get the money back.
Fitting a non genuine part is not a criminal offence in itself. You may have grounds if he advertises fitting genuine parts which turn out to be non genuine. Without that it would be difficult to prove unless it was written on your invoice etc.
It may also turn out that although the screen is not marked as genuine perhaps it is from the same manufacturer etc.
If you intend to issue proceedings against him you would of course be advised to retain the suspect screen to produce as evidence along with expert opinion as to the origin of the part.
Easiest solution is to get a new screen fitted and return the old one if you don't want him to touch the phone.

Silk

shukran99 wrote: »

What did you mean by 'he is liable', don't you mean me??

No if you give him the screen back he is liable (responsible for) giving you the refund

d123

shukran99 wrote: »

Thanks for the reply. I may actually just keep the screen on he fitted because my phone is still partially working.. I only really use it for texting. What I want is to get a refund AND keep the screen he fitted. He sold me a phone screen which was ungenuine and said it was genuine (criminal offence), thus I should be entitled to keep the screen he fitted plus get a refund, surely? I am going to report him either way, he can't keep selling expensive phone replacement screens to people saying they are 'genuine' when they aren't!

Can you prove he said he was fitting a genuine screen?

spannerzone

shukran99 wrote: »

Thanks for the reply. I may actually just keep the screen on he fitted because my phone is still partially working.. I only really use it for texting. What I want is to get a refund AND keep the screen he fitted. He sold me a phone screen which was ungenuine and said it was genuine (criminal offence), thus I should be entitled to keep the screen he fitted plus get a refund, surely? I am going to report him either way, he can't keep selling expensive phone replacement screens to people saying they are 'genuine' when they aren't!

So now you can use the phone (more or less) you want a free repair because the repairer gave incorrect information about the authenticity of the replacement part?

I don't think you can have your cake and eat it unfortunately.