Getting mobile phone repaired under warranty - whats the law?

paulfoel

Bought direct from manufacturer and it developed a fault...

They insisted I had to send it to them for repair and they would not replace. That was a month ago.

They tell me they are waiting for parts. Is there a guidelines for how long is an acceptable time to wait? They still refuse to replace the phone.

Surely, a phone has a life of maybe 2 years max yet I've already been without mine for 1 month of the 4 months Ive owned it.

wealdroam

paulfoel wrote: »

Bought direct from manufacturer and it developed a fault...

They insisted I had to send it to them for repair and they would not replace. That was a month ago.

They tell me they are waiting for parts. Is there a guidelines for how long is an acceptable time to wait? They still refuse to replace the phone.

Surely, a phone has a life of maybe 2 years max yet I've already been without mine for 1 month of the 4 months Ive owned it.

First you need to decide whether you are seeking a remedy under your statutory rights or under the manufacturer's warranty.
As you mention warranty in your thread title, then you are dependent on the terms of that warranty.

Reading MSE's Consumer Rights guide may help you.

paulfoel

Thanks. Little unsure on where I stand legally though now that they've had phone for a month.

Can I insist on a replacement or can they just delay things indefinitely?

wealdroam

paulfoel wrote: »

Thanks. Little unsure on where I stand legally though now that they've had phone for a month.

Can I insist on a replacement or can they just delay things indefinitely?

Again, that depends on whether you are seeking a remedy under your statutory rights or under the manufacturer's warranty.

Section 23 of The Consumer Rights Act tells us:

(2) If the consumer requires the trader to repair or replace the goods, the trader must—

(a) do so within a reasonable time and without significant inconvenience to the consumer, and

(b) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

We have no idea on what the manufacturer's warranty may say.
That is in addition to your statutory rights so can include conditions. It cannot however remove your statutory rights, so they too must perform the repair "within a reasonable time and without significant inconvenience to the consumer" - at a minimum.

Ectophile

See also Section 20 of the same Act http://www.legislation.gov.uk/ukpga/2015/15/section/20

paulfoel

Now come to me (at last) to tell me its £300 to repair! Not covered by warrnty. Not sure how a phone damaged by their own charger is not covered.

Whats best way to escalate this?

wealdroam

paulfoel wrote: »

Not sure how a phone damaged by their own charger is not covered.

Please re-read post#2... the bit about warranties can have conditions.
If you were to pursue a claim under the Consumer Rights Act rather than their warranty, they could not make that exception.

paulfoel wrote: »

Whats best way to escalate this?

Start your reading here: How to Complain

agrinnall

How was the phone damaged by the charger? Was there some sort of power surge? Or was it physical damage cause by misuse of the charger (in which case it may well not be covered)?

paulfoel

agrinnall wrote: »

How was the phone damaged by the charger? Was there some sort of power surge? Or was it physical damage cause by misuse of the charger (in which case it may well not be covered)?

I dont know how. Woke up and charger had melted pretty much. And damaged the charging socket.

No evidence of power surge.

foxtrotoscar_2

paulfoel wrote: »

I dont know how. Woke up and charger had melted pretty much. And damaged the charging socket.

No evidence of power surge.

A melted charger and a damaged charging socket could be the evidence?

paulfoel

foxtrotoscar wrote: »

A melted charger and a damaged charging socket could be the evidence?

To clarify, the end of the charging socket had melted which then damaged the phone.