Phone held hostage by 3rd Party Repairer

[Deleted User]

Regardless of legality, I think it outrageous that a firm should carry out (and charge for) additional "repairs" without explicit permission from the customer. They are now holding the 'phone to ransom!

Definitely a company to be avoided.

Moxey

Huge thank you to everyone who has posted above!
Some great ammunition provided and will update when they respond to my messages

Whats completely irritating is that it looks like it will cost more than just going through my bank's phone insurance for the repair. Must learn to stop trusting people really. Very sad.

Totally agree that Elite Phones and Computers should be avoided at all costs. Odd they are a scammer as they have obviously spent money on SEO and site design as they are one of the top hits on Google!

unholyangel

OP this link may provide useful reading for you:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/450440/Unfair_Terms_Main_Guidance.pdf

Particularly the sections called:
Binding consumers to hidden terms,
suppliers right to vary terms generally,
right to change what is supplied and
price variation clauses.


Furthermore I would do some reading into contract formation. In order for a legally binding contract to exist, there must have been an offer, there must have been acceptance of that offer, the agreement must be certain (that means that any outside party must be able to tell exactly what the parties have agreed to and I dont think what they're claiming would satisfy that).

Also, if offer & acceptance had already happened, they can't add or vary terms after that. Ticking a box does not necessarily indicate agreement and in any event, cannot make an unfair term fair.

Moxey

Another excellent response
It is also interesting that I have to tick the T&Cs box everytime I log in to check the progress so theoretically they could just change them between visits.

Just looks like I've been had by crooks. Just another statistic now

[Deleted User]

Moxey wrote: »

Just looks like I've been had by crooks. Just another statistic now

Do update the thread with any developments. You might also want to get Trading Standards involved.

[Deleted User]

Just looked at those T&Cs and they (now) say a quote for additional repairs will be sent in advance by 'phone or E-Mail?

They also contradict themselves by stating on their Homepage that the repairs have a twelve month warranty, but on the T&Cs it says they have a 30 day warranty!

unholyangel

Moxey wrote: »

Another excellent response
It is also interesting that I have to tick the T&Cs box everytime I log in to check the progress so theoretically they could just change them between visits.

Just looks like I've been had by crooks. Just another statistic now

Theres also a section for "have read and understood" declarations in that document I linked btw, I forgot to mention that part.

The main gist of it is:

5.34.6 In practice consumers often do not thoroughly read standard written
contracts. There is no justification for requiring them to say they have done
so whether they have or not. The purpose of ‘a read and understood’
declarations is clearly to bind consumers to wording regardless of whether
they have any real awareness of it. Such statements are thus open to the
same objections as provisions binding consumers to terms they have not
seen at all – see paragraph 10 of the Grey List (see paragraphs 5.20.1 to
5.20.4)

5.34.7 What such declarations do not do, which needs to be done, is effectively to
draw attention to any important terms that could otherwise come as a
surprise to the consumer. Unless such terms are properly flagged up, they
are unlikely to be binding on the consumer.

Basically if any term could be adverse to you, they should made sure your attention is adequately drawn to it before you are bound by the contract.

Definitely contact trading standards and personally, I'd send them a letter before action for the return of your goods under the terms of the original contract.

hollydays

http://elite-phones-and-computers.!!!!edconsumer.com/they-need-to-be-shut-down-20130728433708.html

MikeWhite

hollydays wrote: »

http://elite-phones-and-computers.!!!!edconsumer.com/they-need-to-be-shut-down-20130728433708.html

This site can’t be reached

elite-phones-and-computers.%21%21%21%21edconsumer.com’s server DNS address could not be found.

What do we replace the !!!! with?
EDIT:
p
i
s
s

hollydays

Yes I can read it but can't seem to post the link.
Google " elite phones and computers need to be shut down" !!!!ed consumer

See quote below

They seem to be notorious