Motorola Refuses to let me talk to a manager

zabihjan

I purchased my phone for £499 on November 2014 from Carphone Warehouse. After 2 months it started to give problems. I contacted Carphone Warehouse, they gave me Motorola's number. I contacted Motorola, they arranged a repair service, I sent my phone off to them, after 2 weeks I received my phone back. after 3 days of use I experienced same problems, I called Motorola, they said they will send me a freepost jiffy bag to send my phone for repair again. After waiting for a month I received the freepost bag, I sent my phone off for repair. I was promised it will be dealt with high priority. After two weeks I received my phone back. after one week of use, I had to contact Motorola again, waited for freepost bag, this time after one week they exchanged my phone to another faulty phone. After 2 weeks I contacted Motorola again, they said they will send me a freepost bag, I kept waiting for 3 weeks and it never arrived. I was very annoyed, I called them and asked for a refund. They clearly refused. After several emails and calls, requested to talk to a manager more than 10 times both on a call and on email. They refuse to let me talk to a manager. I tried searching for CEO or other Senior people on twitter that works for Motorola, I found 2 of them I sent them some tweets but they never reply.

What should I do? Is Motorola right not to let me talk to a manager? Can I get a refund?

TSx

You have no legal right to speak to a manager.

Also, your contract is with the shop (Carphone Warehouse) rather than the manufacturer. CAB have some advice on the Sale of Goods act here. I suggest you read up and then approach Carphone Warehouse.

zabihjan

I have heard that when a seller doesn't help, a customer can contact the manufacturer of the item. is this right or wrong?

powerful_Rogue

zabihjan wrote: »

I have heard that when a seller doesn't help, a customer can contact the manufacturer of the item. is this right or wrong?

Theres nothing stopping you from contacting the manufacturer, however you contract is with the seller.

Seller = Sales of Goods Act which is legal
Manufacturer = Warranty in which terms and conditions can be applied

JJ_Egan

zabihjan wrote: »

I have heard that when a seller doesn't help, a customer can contact the manufacturer of the item. is this right or wrong?

Its not right in the context of the law nor are they responsible for refunding or repairing .

Your claim for a refund is against the vendor .

Often a vendor will send you to the manufacturer for repair as its the quickest way .

daytona0

Yea, and also be advised that your post is saying that you contacted CPW in January 2015 and they "referred" (read that as "fobbed you off") you to Motorola. The month is now August 2015, and so over 6 months have passed since you last spoke to CPW.

That basically means that, under SOGA (which is against CPW), you may even now need to get an independent fault report before CPW deal with you!

Best bet is to ask CPW to help you (mentioning your prior email and how they didn't help with SOGA then and the issue hasn't ever been resolved). See what they say.

agrinnall

Motorola are highly unlikely to give you a refund whoever you speak to. Your only sensible option is to return to Carphone Warehouse and press them for a refund.

wealdroam

This short extract from MSE's Consumer Rights guide may help:

Know who's responsible

When returning items, beware shops trying the oldest trick in the book: saying they're not responsible for the shoddy goods and you must call the manufacturer. This is total nonsense!

If a company fobs you off by saying “go to the maker instead”, it's wrong. It's the retailer's job to sort it.

It doesn't matter if it's an iPod from a high street shop or a designer frock from a department store. If something's broken, torn, ripped or faulty, the seller has a legal duty to put it right as your contract is with it.

bod1467

daytona0 wrote: »

That basically means that, under SOGA (which is against CPW), you may even now need to get an independent fault report before CPW deal with you!

OP contacted CPW within 6 months of purchase. The fact that it's now 8 months later because OP followed CPW's advice doesn't matter - the issue was reported within the 6 month period so the burden of responsibility still lies with CPW.

System

You don't have any right to speak to a manager. You have the right to get your phone fixed and as others have said it's the carphone warehouse who need to sort that out, they took your money after all

If they are being difficult, don't phone them, write to them.

If you paid with a credit card, (sounds like you bought the phone only at £499?) and you get no result from CPW, try asking your card issuer for help.

daytona0

bod1467 wrote: »

OP contacted CPW within 6 months of purchase. The fact that it's now 8 months later because OP followed CPW's advice doesn't matter - the issue was reported within the 6 month period so the burden of responsibility still lies with CPW.

Aye, you are correct. That is why I used the word "may", to indicate uncertainty.

They reported the problem to CPW within 6 months but the item has since been replaced/repaired, so to what extent is it considered a new problem? If you can consider it a new problem then OP will need to get the report upon request, because the initially reported problem would be considered as resolved.