Faulty PAYG Mobile - CarPhoneWarehouse

pill84

Hi guys.. Hope you can provide some guidance....

I purchased a PAYG MOTOE Mobile from the Carphone Warehouse in March 2015.
It went faulty in October 2015 (Just over 6 months).
I rang there help number an they advised me to take to store.
The store send it would need to go for repair. I requested that they replaced the phone but they declined and said it must go for repair. I reluctantly agreed and they sent the phone for repair.

To cut a long story short, the phone got returned unrepaired because their repair centre are not authorised to repair Motorola phones!!
I made a complaint for wasting my time and having poor procedures. I requested that they replace the phone again but they declined saying I had to send away to the Manufacturer (but no information on how to do this)
I said that they were in breach of the SOGA as my purchase contract was with them but it just fell on deaf ears.

As I had no alternative, i've had to contact Motorola Direct to get it sent to a repair shop (SBE in Kent).
I sent it there (at my expense ~ £5 postage) over a week ago but I have not received it back. There online repair tracker also suggests they haven't even received it even though i have proof of delivery. I have no had to escalate this with Motorola to try and find my phone... Nightmare...

My questions are:
1. Did Carphone warehouse break the SOGA? - Even if they have, what can I do apart from complain to the store manager (not remotely interested) and also via there customer services number.

2. Is this just ridiculously poor customer service or is it me?

Thanks
Rich

agrinnall

1. Yes. I'd complain on social media, they have Twitter and Facebook accounts, some companies take more notice of these as they don't like being shamed in public, although I can't say if this applies to CPW.
2. Yes/No - to be honest, it's CPW, now part of the Dixons group, so you shouldn't really expect anything else.

bris

The answer is actually yes and no.
Yes because with faulty goods the retailer is responsible.


No because as it's been over six months from purchase the onus is on you to prove they are responsible.


Now as I am going to assume you didn't get the required proof then you are reliant on the warranty, this is done by sending the phone to Motorala.


So before you go trying to shame anyone on social media it helps to know that the answer in this case is no, the retailer didn't actually do anything wrong.

agrinnall

bris wrote: »

The answer is actually yes and no.
Yes because with faulty goods the retailer is responsible.


No because as it's been over six months from purchase the onus is on you to prove they are responsible.


Now as I am going to assume you didn't get the required proof then you are reliant on the warranty, this is done by sending the phone to Motorala.


So before you go trying to shame anyone on social media it helps to know that the answer in this case is no, the retailer didn't actually do anything wrong.

But they can't insist that the OP returns it to Motorola, the manufacturer warranty is in addition to legal rights. At the very least CPW should have advised that if the OP could obtain an independent report to establish if there was an inherent fault that then should be dealt with by CPW. I don't see anything on which you could base your assumption that this did happen.

CoolHotCold

agrinnall wrote: »

But they can't insist that the OP returns it to Motorola, the manufacturer warranty is in addition to legal rights. At the very least CPW should have advised that if the OP could obtain an independent report to establish if there was an inherent fault that then should be dealt with by CPW. I don't see anything on which you could base your assumption that this did happen.

CPW are under no obligation to inform consumers of their rights.

They can rightly say that in order to have it repaired under manufacturer guarantee, the owner will need to arrange it themselves as per the warrantee.

bris

agrinnall wrote: »

But they can't insist that the OP returns it to Motorola, the manufacturer warranty is in addition to legal rights. At the very least CPW should have advised that if the OP could obtain an independent report to establish if there was an inherent fault that then should be dealt with by CPW. I don't see anything on which you could base your assumption that this did happen.

As above, it helps to know what your talking about before you go in to complain and make demands the retailer is not obliged to grant.


My assumption had nothing to do with the retailer informing the customer of their rights, it's not their place to educate anyone of the finer points of the SOGA.


My assumption if you care to read it again was that the OP would not have obtained the required proof needed to make the retailer deal with the manufacturer.