Having trouble getting a timely repair of a new handset

-pete-_2

Hi Everyone,

Around the start of the year I ordered a new Nexus 5 from Expansys to replace the iPhone 5 that was stolen from my house. I have had the phone for just over a month or so but it has now started locking every time I try to do anything with it, which makes it completely unusable.

I initially tried to get in touch with LG to organise a repair and they have told me that as the phone is not a UK model (its apparently a "Niger variant") I will have to take it back to Expansys to organise a repair. Expansys made no record of this on their website when I bought the unit.

I have spoken with Expansys and they have told me that it will take them a month to get the phone, run tests, post it to the repair shop, get it back to them and then back to me.

When I complained to them that this was too long and asked for a refund they said that since the phone was bought more than 14 days ago (it was shipped on 06/01/15) they wouldn't be willing to offer a refund or replacement.

I work in app development so I really need a handset to test code on, therefore a lack of handset is severely affecting my ability to make an income.

Is there any legalisation or other tactics that you would suggest I employ to either get a replacement handset or get the unit fixed faster so I can get back to doing my job? I am yet to make a formal complaint and I'm not totally sure if this would be the best place to start?

Any suggestions anyone has would be very appreciated!

grumbler

You can sue them via the Small Claims Court and, IMO, they don't stand a chance to win.

Firstly, they misrepresented the phone by failing to make it clear that it wasn't a UK model and didn't qualify for the manufacturer's warranty.
Secondly, under the SoGA they have to repair/replace the phone within reasonable time and without causing you significant inconvenience. Obviously, the time is not reasonable and inconvenience is significant.

Send them a Letter Before Action together with the phone giving them, say, 10 days, to repair, replace or refund and threatening them with legal actions otherwise. If they fail or refuse to do this, submit a claim to the SCC.

Before sending the phone take good photos of it, including inside (if possible), so that they couldn't pull a fast one later and accuse you of damaging the phone.

MSE articles:

• Consumer Rights Armour
• Small Claims Court

grumbler

Some old similar thread, not updated by the OP unfortunately: Warranty on Mobile not Valid!

-pete-_2

Update on this:

I have been in touch with LG again and have been informed that the phone is defiantly from Niger, therefore it is outside of the EU as they advertised and unable to be repaired in the UK.

I sent the phone back to Expansys and have been in daily contact with their technical support, I have kept reiterating that I want a refund and they have always come back and said that - since the repair was requested outside of 14 days - they are not going to do so.

I bought the phone on a credit card and have said that I will be trying to get my money back that way if they don't budge but they have always just reiterated that they will do a repair and not a refund.

I'm not sure which method is going to get my money back sooner, going via my credit card company or via small claims?

Herongull

Credit Card company should quicker than the SCC. They should refund you within a couple of days.

The 14 day Distance Selling Limit is a red herring. You haven't changed your mind, they sold you a Niger variant rather than a UK variant which means there is no manufacturers guarantee (and there could be other issues eg may not be compliant with EU safety standards????).

You have a reasonable to time reject the phone as it was not as (implicitly) advertised. As soon as you found out it wasn't a UK phone you tried to reject it.

Get a full refund from your credit card company and also report the vendor to trading standards.

-pete-_2

Another update:

I wrote a hand written letter to Expansys explaining the situation and they came back to me saying that since the phone had "water damage" and they are no longer going to repair or replace it for free - convenient aye?

They still haven't acknowledged that the phone was from outside of the EU (it still says on the website its from the EU) I have asked for them to return the phone to verify the damage for myself but they could have just chucked it in the nearest glass of water or whatever...

Tesco Bank (my credit card company) are not exactly being helpful either, I printed out all of the emails to and from them, along with proof from LG saying they aren't going to touch it as it isn't a European handset. They want "more evidence" but won't specify exactly what evidence would be.

I'll be phoning trading standards tomorrow since Expansys have blatantly lied about where the handset is from but apart from that I'm not totally sure what the next course of action would be?

grumbler

You'll be wasting your time on Trading Standards.