Mobile phone warranty expired - does OLD FART apply to retailer or manufacturer

andyuk2005

Hi all!

I bought an HTC One M8 from that favourite of our mobile phone shops, Phones4You, back in March 2014.

I bought the phone outright, with no contract, for over £500.

As I'm sure most of you know, phones4you have gone into administration.

My phone has started playing up, problems with the battery and the microphone, clearly a manufacturers fault as many people have mentioned elsewhere on the web.

As the phone is out of warranty, a lot of people would think that that's it, but I know that as the sales of goods act mentions, the item is supposed to last a reasonable amount of time. A £500+ phone is supposed to last more than a year, so I'm confident that I am right in asking for a repair/replacement on that fact.

But it got me thinking, as does the sales of good act apply to the contract between the customer and seller (which no longer exists, as phones4you have gone into admin) or can I exercise my rights with HTC directly?

Any help will be appreciated!

Thanks
Andy

unholyangel

SoGA refers to contracts of sale. There was no contract of sale between you and the manufacturer so your soga rights are with the retailer.

If you paid by credit card, your card provider are jointly liable - you have the same rights with them as you would the retailer (if they were still in business)

InsideInsurance

SOGA is simply between you and the Merchant

CCA S75 would mirror that liability to the credit provider if you paid using regulated credit and the total bill was over £100

SOGA does not put any liability on the Manufacturer

vuvuzela

andyuk2005 wrote: »

Hi all!

I bought an HTC One M8 from that favourite of our mobile phone shops, Phones4You, back in March 2014.

I bought the phone outright, with no contract, for over £500.

As I'm sure most of you know, phones4you have gone into administration.

My phone has started playing up, problems with the battery and the microphone, clearly a manufacturers fault as many people have mentioned elsewhere on the web.

As the phone is out of warranty, a lot of people would think that that's it, but I know that as the sales of goods act mentions, the item is supposed to last a reasonable amount of time. A £500+ phone is supposed to last more than a year, so I'm confident that I am right in asking for a repair/replacement on that fact.

But it got me thinking, as does the sales of good act apply to the contract between the customer and seller (which no longer exists, as phones4you have gone into admin) or can I exercise my rights with HTC directly?

Any help will be appreciated!

Thanks
Andy

I think you mean SAD FART rather than OLD FART ?
In a word, no - you'll have to ignore SOGA as the retailers have gone. What warranty do HTC give on mobiles ? I thought it was 2 years, so have you contacted them ?

custardy

andyuk2005 wrote: »

Hi all!

I bought an HTC One M8 from that favourite of our mobile phone shops, Phones4You, back in March 2014.

I bought the phone outright, with no contract, for over £500.

As I'm sure most of you know, phones4you have gone into administration.

My phone has started playing up, problems with the battery and the microphone, clearly a manufacturers fault as many people have mentioned elsewhere on the web.

As the phone is out of warranty, a lot of people would think that that's it, but I know that as the sales of goods act mentions, the item is supposed to last a reasonable amount of time. A £500+ phone is supposed to last more than a year, so I'm confident that I am right in asking for a repair/replacement on that fact.

But it got me thinking, as does the sales of good act apply to the contract between the customer and seller (which no longer exists, as phones4you have gone into admin) or can I exercise my rights with HTC directly?

Any help will be appreciated!

Thanks
Andy

HTC phones carry a 2 year warranty.

shaun_from_Africa

andyuk2005 wrote: »

My phone has started playing up, problems with the battery and the microphone, clearly a manufacturers fault as many people have mentioned elsewhere on the web.

If as custardy stated, HTC phones have a 2 year warranty then providing that the microphone problem isn't due to misuse (such as water damage) then this should hopefully be sorted out for you but the battery claim will probably be denied.
Batteries are generally classed as consumable items and as you've had your phone for about 17 months now, it's probably just reached the end of its useful life.

custardy

shaun_from_Africa wrote: »

If as custardy stated, HTC phones have a 2 year warranty then providing that the microphone problem isn't due to misuse (such as water damage) then this should hopefully be sorted out for you but the battery claim will probably be denied.
Batteries are generally classed as consumable items and as you've had your phone for about 17 months now, it's probably just reached the end of its useful life.

M8 is a sealed unit and not user replaceable.
So I would expect it to be under warranty for the 24 months.

andyuk2005

I didn't think of SOAS being between just the merchant and customer until I wrote the post, glad I checked!

Sweet, I thought it was just a 1 year warranty!

And I can't find my bank statement confirming which card I bought it with, I think it may have been an Amex.

Thanks for your help guys!