Refurbished Iphone received damaged from 3

tyke2000

Exactly 7 days ago (last Tuesday), I received a refurbished IPhone 5S from 3. It was damaged (a small dent behind the on/off button).
I'm struggling to get a replacement from them. They're saying I did the damage. I'm being passed form pillar to post. Customer services wouldn't give me Head Office address tonight-told me to find it on the internet. Every time I call them they tell me that I'll have to wait 72 hours for a call back-and then the call back is of no use and they wont put me through to complaints dept either.


I've taken advice from CAB, and have been told that 3 don't have a leg to stand on, so I'm just going through the process of contacting the ombudsman about it.


3 have rung me to try and get me to cancel my contract with them and they want £698 from me. CAB have warned me that if I cancel, the 'burden of proof' will rest with me to prove that I didn't do the damage. BUT, as it stands at the moment, the 'burden of proof' lies with 3. They must prove that I DID do the damage, if they are trying to avoid changing the phone.


They have also tried to restrict my consumer rights by saying that I only had 24 hours to get in touch with them about the problem...but customer services are CLOSED for 15 of those hours AND as I drive for a living, my only option is to ring them when I get home from work...and they were closed on the Tuesday (the day the phone arrived) and the following day as I got home after 6pm (when they are closed). I finally got home early enough to ring last Thursday...but it appears to have been a waste of time and that they are just trying to stall me/make me lose the will to live (that won't happen though!).


I'm documenting/recording all conversations with them and taking it further.


Has anyone else had this experience or any other advice to offer?

Silk

tyke2000 wrote: »

Exactly 7 days ago (last Tuesday), I received a refurbished IPhone 5S from 3. It was damaged (a small dent behind the on/off button).
I'm struggling to get a replacement from them. They're saying I did the damage.

Why do they think you did the damage if they haven't even seen it yet ?

tyke2000 wrote: »

3 have rung me to try and get me to cancel my contract with them, over this matter. CAB have warned me that if I cancel, the 'burden of proof' will rest with me to prove that I didn't do the damage. BUT, as it stands at the moment, the 'burden of proof' lies with 3. They must prove that I DID do the damage, if they are trying to avoid changing the phone.

What's the problem with cancelation if that's what is on offer ?

tyke2000

They want me to cancel the contract with a payment of £698,even though im within my 14 day cooling off period. But they then say that I can't cancel because the phone is damaged. Every CS adviser says something different. And anyway, I don't want to cancel, I want a replacement.

Silk

tyke2000 wrote: »

They want me to cancel the contract with a payment of £698,even though im within my 14 day cooling off period. But they then say that I can't cancel because the phone is damaged. Every CS adviser says something different. And anyway, I don't want to cancel, I want a replacement.

So they aren't "trying to get you to cancel"!


Does it say in the T&C's you have to notify them of a substandard item within 24 hours?


Does the dent stop the phone from working or is it just cosmetic ?

tyke2000

Yes, they did ring me and said the only way to resolve was to cancel the contract and give them the £698. But when I rang CS to double check what they were saying, the adviser said that I couldn't cancel because the phone was damaged.


The phone works fine but it was sold to me as 'refurbished and in perfect condition'. I was told it was a returned phone that had never been opened as some customers change their minds about the phones and never even open the packages. I asked at the time why it was called a refurbished phone and the advisor said 'it's a term we have to use'.


There is nothing in the T & C's in my original contracts for past phones about the 24 hour rule. And, in fact, i'm still waiting for documentation for this refurbished phone.

Silk

tyke2000 wrote: »

The phone works fine but it was sold to me as 'refurbished and in perfect condition'. I was told it was a returned phone that had never been opened as some customers change their minds about the phones and never even open the packages. I asked at the time why it was called a refurbished phone and the advisor said 'it's a term we have to use'.

That's not quite true but they do say the phones are meant to be in perfect condition .....
Previously bought and returned by customers within 14 days, these superb refreshed iPhones have been carefully tested and refreshed to ensure they're in good-as-new condition. What you get is a cheap iPhone on 3 - voted best network for iPhone - that performs just as well as one bought new.


Your refreshed iPhone will come in one of 3's "Refreshed Phone" boxes, rather than the original Apple packaging, but otherwise it's exactly as new - you'll get the same accessories as you would buying new from Three. What's more, your refreshed iPhone comes with a standard 12-month warranty from Three, for extra peace of mind.

http://www.store-3.co.uk/3-three-refurbished-iphone-deals.html


So yes the phone would fall short of the description if it was dented and unless it's in the T&C's available at the time of purchase regards the 24 hours and you contacted them as soon as was possible within reason I don't see a problem with it.

tyke2000

At 4pm today, a guy rang me from 3 Complaints Dept.


He expressed his amazement at what has been happening for the last week with Customer Services and has said that there's no problem with exchanging the phone. He's arranged for a 'doorstep exchange' on Friday for me.


He also said that there is a 14 day guarantee with these refurbed phones, so there should never have been any problem with a straightforward exchange.


I told him I'd had no documentation for this refurbed phone, or I would have know about the 14 day guarantee... he couldn't understand why no paperwork had come with the phone.


Sounds like Customer Service's don't actually provide any customer service, but at least it's now resolved.

tyke2000

The replacement refurbished/refreshed phone arrived yesterday as arranged.


It will not charge up.


I've managed to get through to Complaints (rather than Customer Service) and now arranged to have a brand new phone sent as another replacement (obviously for more money).


I wouldn't recommend buying these refurbed/refreshed phones, two out of two have had problems.