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mobile phone damage advice

Hi guys

I hope you can advise me in my current prediciment..

I bout a phone in september on a contract upgrade through carphone warehouse. 8 weeks later the phone devlops a fault. The phone cannot charge through the mains.

I go to the shop where I got the phone from how say that it will have to go away for repair. I ask whether its covered by insurane and they say its for warranty

I get a letter throught the door saying that they are going to replace my device with an equivalent replacement. I ring them and they say that the replacement will be of equal age and the new device will be a customer return.

What options do I have as I do not want a 'customer return'? Can I get a refund/cancel contract? Get a different brand phone?

Please help.

Comments

  • d123
    d123 Posts: 8,746 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Hi guys

    I hope you can advise me in my current prediciment..

    I bout a phone in september on a contract upgrade through carphone warehouse. 8 weeks later the phone devlops a fault. The phone cannot charge through the mains.

    I go to the shop where I got the phone from how say that it will have to go away for repair. I ask whether its covered by insurane and they say its for warranty

    I get a letter throught the door saying that they are going to replace my device with an equivalent replacement. I ring them and they say that the replacement will be of equal age and the new device will be a customer return.

    What options do I have as I do not want a 'customer return'? Can I get a refund/cancel contract? Get a different brand phone?

    Please help.

    You are entitled to an equivalent of what you sent in, which wasn't new, was it?.

    You can't demand your contract cancelled as that's a separate issue to the handset you were supplied.

    Why don't you request yours is repaired if you really don't want a refurbished handset? Or just give the refurb a chance, depending on company some are just like new.
    ====
  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    bought

    Insurances normally cover accidental damage, not faults.

    MSE article: Consumer Rights
    CPW have to repair or replace the phone. The replacement doesn't have to be new, but has to be in the same or better condition as/than your phone. Normally 'returned' or refurbished phones are almost like new.
    You don't have a right for a different phone, but you can try negotiating this.

    And no, you can't cancel the contract.
  • forgotmyname
    forgotmyname Posts: 32,946 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Whats wrong with a customer returned phone? I returned one that vodafone sent me without me asking. And didn't have the features i wanted when i did want the upgrade.

    Except for the seal on the box being broken and the fact i turned it on it was still a new phone.

    If they fix your phone it will take longer and your getting a used and reapired phone, Which is worse?
    Censorship Reigns Supreme in Troll City...

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