Faulty PAYG handset

dazzaofdagenham

Advice needed if possible

Wife purchased a desire 620 on PAYG for 169 which required a 10 pounds top up

Got phone home and set up etc, it soon became apparent that the button on the side was faulty...turns phone off randomly.

Took back to shop ( less than 24 hrs later )and store would not refund money, saying they are only obliged to offer a replacement.

Can I insist on my money being refunded

Thanks
P.s. This was a EE shop

diamonds

Satisfactory http://www.legislation.gov.uk/ukpga/2015/15/section/9/enacted

Fit for purpose http://www.legislation.gov.uk/ukpga/2015/15/section/10


As described http://www.legislation.gov.uk/ukpga/2015/15/section/11/enacted

Right to reject (refund)
http://www.legislation.gov.uk/ukpga/2015/15/notes/division/3/1/3/4/2

grumbler

MSE article:

• Consumer Rights

Get a full refund within 30 days

This is a nice new addition to our statutory rights. The Consumer Rights Act 2015 changed our right to reject something faulty, and be entitled to a full refund in most cases, from a reasonable time to a fixed period (in most cases) of 30 days. After that, you lose the short-term right to reject the goods and you'll have fewer rights, such as only being able to ask for a repair or replacement, or a partial refund if this doesn’t work.

dazzaofdagenham

grumbler wrote: »

MSE article:

• Consumer Rights

So what do I do if the store won't do these things.

The assistant manager says I have to accept a exchange, and will not refund for the handset.

grumbler

You give them a letter before action saying that if they don't refund you'll start a Small Claims Court claim against them for a bigger amount including the inconveniences they caused you by fobbing you off.

• Small Claims Court

It may help if you tell them that you are recording the conversation and do this.

dazzaofdagenham

Should the letter before action be a certain format...

Thanks

grumbler

Not really.
You have to give them some time to do what you want. I don't know if it's reasonable to demand an immediate refund or give them a few days.
I think if they refuse to process it there and then and you don't want to pay them yet another visit you can give them your bank details and demand the refund to be processed by a bank transfer without you and a prepaid packaging for sanding them the faulty handset.

diamonds

grumbler wrote: »

You give them a letter before action saying that if they don't refund you'll start a Small Claims Court claim against them for a bigger amount including the inconveniences they caused you by fobbing you off.

• Small Claims Court

It may help if you tell them that you are recording the conversation and do this.

Also make complaint to Trading Standards.

grumbler

IMO TS is one of the most toothless and useless bodies in this country.

diamonds

grumbler wrote: »

IMO TS is one of the most toothless and useless bodies in this country.

But the complaint is made local and registered to the local authority in which the companies registered office exists for the same purpose as making sure you SHOULD register a complaint with Ofcom aswell as the offendīn telco, they have to monitor wide spread breaches of rules and legislation.

I agree, on both counts the English based Parliament makes it as hard as possible for people to enforce their rights without hoops and jumping where another governmental body is involved with ensuring breaches are enforced against companies.

macman

CRA 2015 only came into force on 1st October, if the phone was purchased before that then the retailer can replace, repair or refund: the choice is theirs.