Am I being unreasonable ? - Help

Kelda8

I bought a new Samsung galaxy s7 in pink gold on a o2 contract from carphone warehouse. I didn't take out their insurance as I had cover with my nationwide bank account. I specifically chose my colour which is a standard one (not a special edition). One of the reasons I chose Samsung is it has a manufacturer 2 year guarantee the same length as my contact.

Within 3 days of having the phone I was knocked into and dropped the phone cracking the front screen. The phone itself functioned normally. As you can imagine I was very upset but thought at least I can get it repaired. I contacted 2 repair outlets who gave me quotes of around £80, but my insurance excess was £25 so I filled out the paperwork on line, had a call back approving my claim and I sent it off.

I was promised it would be returned within 3 working days of receipt. I recieve an email in the interim stating if it couldn't be repaired a replacement would be offered but I would be informed of this within 1-2 working days.

I got an email to say my phone would be returned that morning then another just as I was going out that it would be in the afternoon. A neighbour signed for it and when I opened the packet it was a different phone. I called them immediately to let them know their mistake.

I was informed that there was no mistake the phone sent was a reconditioned handset of the same make and model as mine as they deemed mine to be beyond repair. I argued that firstly I had not been informed of being given a replacement, that their t and cs said only about make and model and did not specify that colour was excluded from this (only special edition models), and that my phone now had 102 weeks of warranty, whereas the replacement had only 1 year with themselves.

I asked therefore for a like for like replacement (refused) , a settlement fee for me to go out and buy myself (refused), or for my phone to be returned to me as I had not given up ownership (expecting it to be repaired) so I could get it repaired myself. (Refused). I rejected the handset sent but they refused to collect it and would not give me details of where to return it.
When asked why they couldn't return my handset they said it had been recycled!

I went through customer services assistant to manager to complaints team with the same reactions although I did get the complaints person to admit that it was not always they couldn't repair a phone but they didn't have the relevant part in stock or it was simpler for them to send out a replacement! They only keep limited stock (presumably buying in refurbished models cheaply) so send out anything. As my phone model was released in Mar the replacement could have had almost 6 months use and an already reduced battery life span.

I maintain that if a phone is to be replaced because the insurer is unable or unwilling to repair it then the replacement should be the same - I. E make, model, colour, memory size of the original or better, and if repair isnot possible it should be agreed with the insured before something else is sent. Also if the insured can prove the date of purchase the insurer should agree to provide the same level of manufactuer's warranty. In this case a new phone would be appropriate.

I have escalated my complaint to a final written response from them which I intend to take to the Ombudsman, have contact my home insurance legal cover who are contacting a solicitor to check for breach of contact.

In the meantime I have a mobile phone in my possession which I have rejected still in its box, my own phone being withheld from me for which I still owe money (as part of my phone contact) and am being forced to use my old phone which is on charge more than in my bag.

What should I do now?
Should I contact carphone warehouse about my kidnapped phone?
Should I take the other phone into my local branch of nationwide for safe keeping or hand into the police station as it isn't my property?
Do you think speaking direct to Nationwide would help?
If I went out and bought a replacement would I then be able to be reimbursed if things found in my favour?

JJ_Egan

Very confusing post .
You damaged the phone yes .
Sent it for repair but sent it off to who ??is not at all clear .

k3lvc

Kelda8 wrote: »

What should I do now?
Should I contact carphone warehouse about my kidnapped phone?
Should I take the other phone into my local branch of nationwide for safe keeping or hand into the police station as it isn't my property?

:rotfl: :rotfl: :rotfl: - that is all

donnac2558

Report in the Consumer Rights section of the board.

ryan121

Just accept what you have been given as they have done nothing wrong. Nearly all phone insurance companies will only give you a refurbished phone. It's very rare to get new for old.

People always assume they will get a new phone but if you look at the terms and conditions I imagine it states clearly you will only get a refurbished phone and it doesn't have to be the same colour or spec, only similar in value.

d123

Kelda8 wrote: »

What should I do now?

Go and read the T&C's of your insurance and see if they said they will give you an identical model and not just the same or comparable model in the event they decide to replace it...

Should I contact carphone warehouse about my kidnapped phone?
Should I take the other phone into my local branch of nationwide for safe keeping or hand into the police station as it isn't my property?

Now you're just being silly...

Kelda8

Thank you to those who have replied. I have not named the company concerned deliberately.
The terms and conditions state I will be contacted if my phone cannot be repaired. This was not done.
It also states a comparable model of the same make and model, it does not specifically state an exclusion of colour, only of special editions.
My phone still had over 23 months of manufacturers warranty, so any problems I could take into a local store. The replacement has a 12 month warranty direct with the insurer so would involve additional cost and time to rectify a problem.
Most mobiles have an integrated rechargeable battery now which has a finite number of charges in life. My phone had been charged once. This replacement could be up to 9 months old and have been charged over 100 times.
I have now taken legal advice and will pursue a civil claim for breach of contact and an Ombudsman complaint for unfair and unreasonable treatment.

JJ_Egan

((I have now taken legal advice and will pursue a civil claim for breach of contact and an Ombudsman complaint for unfair and unreasonable treatment.))

Do let us know how you get on with the civil claim .

What Ombudsman ??

mobilejunkie

None. There isn't one for retail purchases.

ryan121

You would have no case.

Kelda8

Yes there is, the financial services Ombudsman covers all financial products including insurances. The company concerned even confirmed that I could take my complaint further to them.