what are my rights phone blew up

chrisw030290_2

Hello my phone blew up and caught fire saturaday night very angery I posted on ZTE blade v7 Facebook wall with pictures I took it to a three shop as the phone was two months old they said to contact the manufactor which I did I sent the phone which they got and they said to me your lucky we will replace it but it won't be for two weeks and we want a letter signed by you waving your rights to sue and that I won't post on there Facebook wall again before they send a replacement so it fella I'm being blackmailed by them. I have lost everything and suffered minor burns.

I was in the kitchen at the time and smelt burning my phone was a blazed I quickly wet a towel to throw over it to put it out as I did I was burned and the phone back mental plate was so hot it was slizzing.

So I have two questions am I being black mailed and should of three sent with this and what can I do?

[Deleted User]

Take them to court and sue them for "compensation"

OR

Accept a replacement 'phone.

wealdroam

chrisw030290 wrote: »

Hello my phone blew up and caught fire saturaday night very angery I posted on ZTE blade v7 Facebook wall with pictures I took it to a three shop as the phone was two months old they said to contact the manufactor which I did I sent the phone which they got and they said to me your lucky we will replace it but it won't be for two weeks and we want a letter signed by you waving your rights to sue and that I won't post on there Facebook wall again before they send a replacement so it fella I'm being blackmailed by them. I have lost everything and suffered minor burns.

I was in the kitchen at the time and smelt burning my phone was a blazed I quickly wet a towel to throw over it to put it out as I did I was burned and the phone back mental plate was so hot it was slizzing.

So I have two questions am I being black mailed and should of three sent with this and what can I do?

I guess you haven't read MSE's Consumer Rights guide?
Here's a short extract:

Know who's responsible

When returning items, beware shops trying the oldest trick in the book: saying they're not responsible for the shoddy goods and you must call the manufacturer. This is total nonsense!

If a company fobs you off by saying “go to the maker instead”, it's wrong. It's the retailer's job to sort it.

It doesn't matter if it's an iPod from a high street shop or a designer frock from a department store. If something's broken, torn, ripped or faulty, the seller has a legal duty to put it right as your contract is with it.

In other words, the manufacturer supplied repair service is in addition to your statutory rights and as such can have conditions attached. Those conditions could be 1) no facebook messages, 2) sign this waiver letter first, etc..

I do not believe there is anything legally wrong with their stance.

chrisw030290_2

But the thing is they have said you must sign the waiver to me what happened if this put me in hospital or even worse killed me would I wave my rights again no I would not and can't if it killed me. They said it will take 15 days to send a replacement once letter has been recvived all I've ask is to be reinbushed with postage and the same phone not a lower spec phone. Why should I pay for there faulty product three told me on serval calls and shops you deal with it which has caused me a great amount of stress

[Deleted User]

chrisw030290 wrote: »

what happened if this put me in hospital

But it didn't

chrisw030290 wrote: »

even worse killed me

But it didn't

chrisw030290 wrote: »

has caused me a great amount of stress

You won't get "compo" for stress.

chrisw030290_2

I don't want compo all I want is the phone replaced and postage refunded but they also saying that the phone out of warranty so I'm lucky to get it replaced considering its only two months old

forgotmyname

Why is it out of warranty at 2 months old?

All you want is the phone replaced and they have offered that, whats the issue?

chrisw030290_2

The issue is they said

I will get a lower spec phone
The phone out of warranty so I'm luckly to get it replaced
Three ribbing me off saying it's the manufactor
ZTE wanting a letter saying I wave my rights etc and want to get there solistors involved

When they said to me on Monday send us the phone and when we get it tomorrow we issue a new lower spec phone and you have it wedensday to now I want a letter waving your rights arc and when I get that I send the phone in three weeks

chrisw030290_2

To me that's a firm of blackmail now they got the phone

wealdroam

chrisw030290 wrote: »

The issue is they said

I will get a lower spec phone
The phone out of warranty so I'm luckly to get it replaced
Three ribbing me off saying it's the manufactor
ZTE wanting a letter saying I wave my rights etc and want to get there solistors involved

When they said to me on Monday send us the phone and when we get it tomorrow we issue a new lower spec phone and you have it wedensday to now I want a letter waving your rights arc and when I get that I send the phone in three weeks

Again... why does this phone have less than two months warranty?

chrisw030290_2

Tbh I don't know why it warranty ran out after two months so I'm stuck I don't want a lower spec phone as I've made a loss three just put me in this situation by two stores and three call centre agents saying contact ZTE and they deal with it so they could of felt with it and not be fob off