Carphone warehouse mobile nightmare

moosic97

Hi all, I'm new to this, but not new to the Sale Of Goods Act/Consumer Rights Act 2015 as I have used this in an argument for a refund in the past.

My whole experience with CP has been a nightmare:

I bought the Samsung J3 off them just under 5 weeks ago. The delivery was swift and once it arrived I wanted to move my mobile number over to the new handset. This was done by a member of staff online. However, for some reason it did not process , and therefore it was delayed by a further two days.

I had problems with that phone so I took it into my local store for them to either be able to repair it or exchange it (25 days after first receiving the phone). They offered me the same tariff on an upgraded phone (Samsung A3) if i paid £50 up front. I agreed and bought the new phone.

However, 5 days after having purchased this, I discovered this too had a fault. I asked for a refund but I was told as it was after the initial 28 day period of buying the first phone (J3), I was only able to exchange a phone of the same value. So I exchanged it for another Samsung A3 (I'm even having problems with this one, but depending on the outcome of this thread, I may try and get yet another exchange, or a refund and go elsewhere).

I believe that all three phones I received from the company were not of a satisfactory quality, nor were they fit for purpose. The goods that were sold to me should are described as fit for purpose and of a satisfactory quality, neither of which I agree with. I sent them an email and ended with: "As you are in breach of contract and as an attempt at "repair or replacement" has failed, I am requesting a refund/compensation for the various reasons outlined above.".



Their reply was swift but not worthy of celebration. I've copied and pasted it below:
"Hi Hannah,

Thanks for your email.

I'm sorry to hear of the issues that you have faced on purchasing a new Samsung J3 from us. I can understand that it can be frustrating when something doesn't work as it should.

I can see that your original order was placed on the 25 August 2016 for an ***** contract with mobile number ***** for the J3 (2016) model.

Carphone Warehouse offer a 30 day faulty exchange policy. I can see that you visited our Thanet store on the 21 September and an exchange was processed for the Samsung A3 2016 (outside of our exchange policy).

Again, you visited our Thanet store on the 26 September and another exchange was processed for your Samsung A3. Therefore we haven't been in breach of contract as we have assisted yourself every step of the way and provided you with a replacement handset when it has been required.

If your current handset appears to be faulty, you are within your rights to take this to one of our stores in order for this to be exchanged. However, I'm sorry to advise you that unfortunately you are now outside of your returns period in order to cancel at this point for a refund and I can only apologise regarding this."


I do not feel happy with this reply as they do not seem to be accepting the fact that I've had to run to and from the store several times, and i've not even ended up with a fully working phone (nor the one I wanted in the first place!!).


Am I within my rights to pursue this to at least get the £50 (and/or some compensation) back for a phone I did chose originally but was told that the upgrade would be better due to the processor :mad:? And if so, how do I continue?


Please send help!!

Hannah