LG denying me my rights?

LGhasbeenawful

Hi there,

I would love some help if it's possible. This has been a source of huge frustration and wasted time I really don't know how to proceed. Despite the seemingly obvious wrong, there seems no end in sight and I don't know what rights/powers I have.

I upgraded my contract phone to an LG model early last year through Carphone Warehouse, on o2's network. Sometime around autumn last year, multiple things started going wrong with it. It all got to much of an annoyance and so at the beginning of December, I requested a repair. Under the advice of someone in Carphone warehouse, I opted to send the phone directly to LG.

I was told by LG the turnaround time is usually less than 9 days and I was told to expect the phone by the 23rd of December latest. They then messed up and didn't book the courier to come pick it up for several days later than they said but then DPD came and took the phone.

Late December, I hadn't heard from them and the LG tracking feature showed nothing. From then until now, I've been calling them, emailing them and using their online chat customer service. I've had all non-answers e.g. "we'll chase it up" etc. I've been promised a call back 3 times which never happened (they do have my correct number). Early in January (7th) I even tried to escallate the issue, requesting to talk to a manager and the guy on the phone at LG customer service said that this wasn't possible as there weren't any around.

I've sent an official complaint to LG via email which has gone completely ignored - no reply at all.

In regards to another call I got annoyed a week and a half ago I finally received a voicemail message from a manager saying to expect the phone back "hopefully" by 14th/15th of Jan. My conversations with LG since have delivered more non-answers and no response leaving me to send more ignored emails and more palmed off calls.

I've gone to Carphone Warehouse who've told me in person and in a badly spelled email that it's nothing to do with them, they're just a middle man; I've talked to o2 customer service - who sounded actually great and teed off on my behalf - but who said that their hands are tied until I have my phone back (still faulty or otherwise) and they can't send me a new handset.

Hours spent on calls, emails and messages, I still feel like a this global corporation is still p***ing on me from a very high tower, there's nothing I can do about it and I might be in this position for a long time.

I suffer from depression and various anxiety disorders and this is regrettably fraying me at the edges. I used to use my phone to help me organise my time to productive and the combination of this and dealing with them is harming me more than I care to admit.

Any advice would be extremely appreciated.

Thank you.

JJ_Egan

Your rights are against the vendor .
That is CPW not LG or O2 .


Complaints via a letter posted not email .

You would probably be best to send a letter before action see MSE LBA as you do not have the phone .

LGhasbeenawful

Hi there, thank you so much for the reply. I've been told to go away by CPW already, what act/laws should I quote in the letter to make my case? I'm worried without stating something concrete, they'll do the same again.

JJ_Egan

Sale of Goods Act see MSE .

AJXX

Your anger and dissatisfaction should be redirected at CW who have essentially fobbed you off to LG rather than dealing with the problem in the first place.

First read up on SOGA to learn your rights, then fire off a nice but firm recorded delivery letter to LG to raise a service complaint and demand the handset back or the value of the handset or a replacement model within a reasonable amount of time (14 days?).

Also recorded letter to CW to start off an official complaint about being redirected to LG whom have now had the handset for considerable time causing you considerable inconvenience and show no sings of resolving the matter anytime soon and if you feel like it the unprofessional customer service email badly spelled - it's a bit like shutting the door after the horse has bolted but you never know, you may get a goodwill gesture

m0bov

CPW are who you have contract with, make sure you state SOGA and not warranty when you are writing to them. Send them a LBA and give 7days, then state a claim with moneyclaim online and claim a refund. Do you have your old phone and sim card?

System

Don't send a LBA.

You can't ask CPW to fix a phone you are unable to supply to them. You need to get it back from LG first.

OP: I demand my rights, fix my phone or I'll see you in court
CPW: Sure drop it off in one of our stores...
OP: I gave it to a third party
CPW: Not our problem

JJ_Egan

For me LBA would be special delivery to LG .
The first aim has to be to get the phone back or repaired from LG .Not repaired but returned then it would be the vendor and ask for your rights under SOGA.

LGhasbeenawful

Thanks for all of your replies. The issue has been somewhat resolved but I'm ticked off with the way CPW and LG particularly have handed themselves.

I called up by chance 2 days ago to keep bugging LG for answers. I got the usual 'let me look at your notes' answer and was put on hold expecting not much. The guy comes back (bear in mind this is after they've previously told me multiple times they don't know where it is), he says it's been posted already.. After the post date (just over a week ago), LG was still saying to me they didn't know where it is. I ask him why I didn't hear about this - either by email or the people I've talked to on the phone, he didn't know why. He asks me whether or not I got the Royal Mail slip, I say no. He tells me it was posted to my current address. I go down to the sorting office and they can't release it, turn out, they sent it to the wrong address - my old address from a while ago which they must have on file (not the address they stated in the chat box). No wonder I didn't know about it, the slip is in the wrong post box, miles away. I had to dig out previous tax records from home to prove my identity and old address and royal mail released the package to me.

Finally got my phone back but I'm not 100% yet they've fixed one of the problems. I rang up to try and get some compensation from CPW and the girl actually laughed at me and told me it was silly to try and ask for any kind of compensation from them, I quoted the sale of goods act (the relevant parts - from what I understand), she tells me CPW don't do any refunds compensation and that's that. She says that repair estimates they give, are just estimates and don't mean much and their own estimates are pretty long anyway. I tell her regardless of CPWs policies, under uk law, CPW as the vendor, I believe I have the right to complain under the act and ask for some form of reimbursement/compensation because of the time without my handset. She laughs more and "is there anything else I can help you with?" is followed up.

I might try and push for something more in way of an apology from LG/CPW but it's not likely.
At lease I have a potentially fixed phone back.

Thank you all for taking up some of your valuable time to help me, it is really appreciated.

powerful_Rogue

LGhasbeenawful wrote: »

Thanks for all of your replies. The issue has been somewhat resolved but I'm ticked off with the way CPW and LG particularly have handed themselves.

I called up by chance 2 days ago to keep bugging LG for answers. I got the usual 'let me look at your notes' answer and was put on hold expecting not much. The guy comes back (bear in mind this is after they've previously told me multiple times they don't know where it is), he says it's been posted already.. After the post date (just over a week ago), LG was still saying to me they didn't know where it is. I ask him why I didn't hear about this - either by email or the people I've talked to on the phone, he didn't know why. He asks me whether or not I got the Royal Mail slip, I say no. He tells me it was posted to my current address. I go down to the sorting office and they can't release it, turn out, they sent it to the wrong address - my old address from a while ago which they must have on file (not the address they stated in the chat box). No wonder I didn't know about it, the slip is in the wrong post box, miles away. I had to dig out previous tax records from home to prove my identity and old address and royal mail released the package to me.

Finally got my phone back but I'm not 100% yet they've fixed one of the problems. I rang up to try and get some compensation from CPW and the girl actually laughed at me and told me it was silly to try and ask for any kind of compensation from them, I quoted the sale of goods act (the relevant parts - from what I understand), she tells me CPW don't do any refunds compensation and that's that. She says that repair estimates they give, are just estimates and don't mean much and their own estimates are pretty long anyway. I tell her regardless of CPWs policies, under uk law, CPW as the vendor, I believe I have the right to complain under the act and ask for some form of reimbursement/compensation because of the time without my handset. She laughs more and "is there anything else I can help you with?" is followed up.

I might try and push for something more in way of an apology from LG/CPW but it's not likely.
At lease I have a potentially fixed phone back.

Thank you all for taking up some of your valuable time to help me, it is really appreciated.

How much compensation are you after?
What provable losses have you incurred?

unholyangel

Given the phone is on contract, the previous replies citing SoGA as the relevant legislation and CPW as the responsible party are incorrect.

It is the service provider (O2) who are liable for the performance of your contract under the supply of goods and services act.

That being said, LG having the phone muddies the waters. What do the terms of LG's warranty state? Usually warranties will have a term saying if they're unable to repair within x amount of time/x attempts, they will replace.