Sixth Unfit Replacement Mobile: What Rights to Invoke?

samsmoot

Hi,


Sainsbury's sold my young friend a mobile which stopped charging, she got a replacement which also didn't work properly. She ended up returning that one, then the next one and another - four phones so far and all not working due to not charging or keeping a charge.


So she went for a fifth replacement, which was sold as being unlocked for all networks, but wasn't. So she took that one back and got another replacement. She had asked for an Android phone - which is what she had been getting - but it turned out that the Microsoft phone they gave her wasn't Android - it's Windows. She wasn't to know that it wasn't Android, or that Windows phones are notoriously difficult to get along with, and she can't use it.


So what rights does she have now? Ideally she would like a refund so she can go elsewhere. Can this be insisted on or not? If not, what's the best she can hope for? A suitable replacement would have to be acceptable, I guess, but I think all of the models in that price range have been gone through.


Had the Microsoft phone been the first one she bought, and had they said the same thing about it ("it's Android"), then a refund could be gotten on the basis that it was not as described - same thing with the previous replacement (wrongly described as SIM free). Can these incorrect descriptions be brought up now for the sake of the refund? Can she claim that the goods were wrongly described at this stage, as it's been around two months now since the initial purchase?


Any help or links would be much appreciated.


Cheers.


Edit: Oh yes, she took the Microsoft phone back yesterday but they refused to replace it as it wasn't faulty.

pimento

Is she using the new charger that came with the phone or an old one?

samsmoot

Just come back from Sainsburys - got a refund.


Seems the returns policy is administered differently depending on who's asking or who's dealing with it.


I'd still be interested in knowing the legal position if anyone wants to clarify - i.e. could a refund have been insisted on if they happened to have said no again? In light of the four faulty phones and two misdescribed ones?

marliepanda

Well it really depends entirely what has been happening.

Companies don't replace phones with different phones, and you seem to be describing a few different phones?

If so, she's been getting a credit and buying a new phone with it each time. It all seems quite odd, almost as if she's buying second hand phones?

samsmoot

Just unlucky, I guess. She's getting a Samsung next so that should work fine.

gycraig_2

Assuming these are new phones I'd say it's very unlikely 4 different phones not charging would be the handsets fault, she must be the unluckiest person in the world

HappyMJ

It's got to be a faulty application or charger.

I very much doubt it's 4 phones in a row.

I had an application on my phone once that was connected to my Google account and would download to any new phone that I connected. It would consume the power at the same rate the phone was charging so that the phone wouldn't charge unless it was turned off. Eventually found the faulty application and deleted it.