Phone repair causes further damage

Drem

Short Version:

Bought phone, dropped it and broke the screen. Sent it back for repair, where they damaged it further. Sent it back to get the damage repaired, and whilst some was repaired, some wasn't, and further damage was caused. I've been back and forwards a number of times, but ultimately they have decided that they will only offer a further repair.

Long Version:

In next post!

What do I do now?

At this point, I think that I'm looking at the Consumer Rights Act 2015.

This sets out that services (which is what the repair ultimately was) should be carried out with:

(a) Reasonable care and skill,
(b) Within a reasonable time,
(c) At a reasonable price.

Now, I'd argue that at this point (a) has certainly been breeched, and arguably (b) has been too.

I've seen elsewhere that if the product is faulty that after one failed attempt by the retailer to repair or replace a faulty item, you're entitled to ask for a refund or price reduction, and that the initial choice of repair or replacement should be mine anyhow (I was only offered a repair).

I'm fairly sure that at this point, I can claim the cost of the repair back, but that doesn't put me back to the situation that I should be in. I should have an undamaged handset at this point.

Can I now claim for:

all of the below

(1) The cost of the initial repair (as it hasn't been carried out with reasonable skill and care).
(2) The cost of a third party repairing the damage that they have caused to the handset (as they have had a chance to repair the damage but have failed to do so).
(3) The cost of a third party warranty to cover the phone for the remainder of the warranty term (as the warranty will be voided by getting a third party to repair it).

or only (2) & (3), as the initial repair was successful, and its only their damage we are discussing?
or something else?

And what's the best way to get this now? the small claims court?

Your thoughts are appreciated!
Jon

Drem

Long Version promised above:

I bought my wife a new mobile as a wedding anniversary gift in July. It was bought direct from the manufacturer via Credit Card.

On the 11th of October, she dropped it and smashed the screen. There was no other damage to the handset, other than to the screen glass, even down to the digitiser under the screen still working (allowing me to recover all her data). The phone wasn't insured, so i contacted the manufacturer to get a quote for a repair. They told me they couldn't give an indicative price, but would send me shipping labels so I could send it back to them to get a quote, and that these would be with us within 48 hours. The shipping labels took around a week to arrive with us, and I sent the phone back with them.

I hear nothing further for over a week (but am aware that the phone has got to the repair centre due to tracking the parcel). On chasing, I am told how to check the repair status of the phone, and discover that I need to pay around €17 to get the handset back (never mentioned to me before this point) or around €206 to get the repair done. I pay for the repair (via paypal (best of the options they gave me), directly loaded from a credit card), and on the 5th of November the phone arrives back.

Upon inspection, it is clear that whilst the screen has been repaired, the back of the phone is now damaged, with damage to both to the corner of the back plate, and to the metal frame of the phone at the corresponding point. I immediately contacted the manufacturer, and provide photographic proof of he damage on the same day. Speaking with the manufacturers customer service staff, I was persuaded to let them have a chance to repair the damage that they have caused. I am informed that the phone will go though a double inspection process prior to it being sent back to me to ensure that there are no more issues. I also explain to them that this handset is the only phone that my wife has access to and as such, a swift resolution of the damage caused by their repair company is required.

Two days later, shipping details arrive, and I am then requested (in an email that arrives after pickup has been arranged) to note down a number of details, including a description of the damage and include it in the package. As the package is already sealed and labelled, I handwrite the details out, and place them in an envelope that is securely attached to the rear of the package.

The phone arrives back with us on the 26th of November. Once again, upon inspection the damage to the rear of the phone has been corrected, but the damage to the metal frame has not been touched, and further damage to the metal frame has been caused. I contact the manufacturers again on the 26th, and send them photos of the damage that has not been repaired, and the new damage that has been caused. I also explain that I am now extremely unhappy about sending the phone back to their repair centre again.

Since then, I've been back and forwards with them a number of times. They are unwilling to offer anything other than returning the handset for a further repair.

As it became urgent over Christmas that my wife had a phone that works, she has been forced to start using it again, but prior to this, it had been sat awaiting resolution.

Drem

anyone?

I've heard back from their Customer Services again, confirming that all they are willing to offer is a further repair. I'd rather not go through the hassle of that again with a service that I no longer trust, and not deprive my wife of a phone for another 2+ weeks.

Thanks!

AJXX

Personally, at this point I'd not be quoting any laws or making claims for costs with small claims court just yet.... A better course of action might be to send a formal written complaint to the company, touching on the fact that you *may* initiate small claims action should you not receive a satisfactory response/remedial action.

The above approach is usually far better than the bog standard route of outright threatening court action and claiming x costs back as it allows the company a final chance to put things right while negotiations are still somewhat friendly, once the "I'm dragging you to small claims court" threats start flying things become hostile and there is less negotiation on both sides.

As for what you're asking to claim, A seems reasonable, B I suspect you may have difficulty with as if this was to go to court you'd have to prove you've mitigated your losses and C I would not bother with at all because I can't see you being awarded costs for an extended warranty with a 3rd party - thats not to say that the manufacturer won't give you theses costs as a gesture of goodwill, but a court I'd see struggling to award these.

Out of curiosity who is the manufacturer? I was swaying towards Apple initially but I suspect it maybe someone else?

bod1467

How did you pay, and how much was the phone? (More than £100?)

Drem

Thanks for peoples thoughts. Customer Services and I have reached the end of a long line of discussion, so I'll take it to their complaints teams next.

@AJXX

The company in question is Motorola, Apple I suspect would have been much more helpful (understanding that a phone is as much a fashion statement nowadays as a device).

I don't quite see why my claim - if I need to go down that route - would not be for 2 & 3, as it is a claim against a service (the repair), and what I would be claiming would be just to put me back into the position that I would have been, had they not damaged the handset whilst repairing it, or attempting to correct their own damage. I felt that I'd be more chancing it with 1, as that part of the repair was successful, it's simply the damage that they have caused in carrying out that repair that is contentious (If you see what I mean).

We have given them a chance to carry out the repair to the initial damage, which they did not do successfully, and indeed caused more damage to it, showing a further lack of skill and care.

I don't see what I could have done to mitigate the losses, as they have been caused by their lack of skill and care in carrying out the repair, and I'm not trying to claim for the time that we were unable to use the handset due to being in dispute with them.

@bod1467

I paid the €206 for the repair via paypal, directly loaded from a credit card (this was the best of the options they offered, it was that, Bank transfer or a Euro cheque, and paypal seemed the best route)

I'm not 100% sure of the initial phone cost, but the handsets are currently £220, but the specific configuration we had is not available any longer. We certainly paid more than that.

Thanks for both of your responses, and I'm not trying to be tricky in my questions, just to get to the bottom of my rights, so that I know what they are, and am not fobbed off with something that I'm unhappy with when I'm entitled to something closer to what I would like.

paddyrg

The fruity ones may have been more sympathetic, but that is built into the price. Motorola make technologically fairly mid-range handsets, as do Apple, but one charges a large premium over the other.