Three and Lenovo P2

edited 30 November -1 at 1:00AM in Mobiles
16 replies 3.7K views
dhjdhj Forumite
48 Posts
edited 30 November -1 at 1:00AM in Mobiles
Bought the above phone from three on 17/4/17. Got back from holiday a couple of days ago and discovered that all of the videos I had taken had corrupted audio. A quick search on the web confirmed that this is a known bug with this particular phone. Contacted three who confirmed that the demo phone in the shop had the same fault. Offered to replace with a like for like but we were both of the opinion that the replacement phone would have the same fault. Lenovo are aware of the fault but an update is not yet forthcoming. I then suggested that I return the phone for a refund and I was told that because the phone was a Lenovo then I had a contract with them and it was nothing to do with three. This doesn't sound right to me so would welcome any input.

Many thanks
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Replies

  • d123d123 Forumite
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    Your contract is with the retailer, if you bought it direct then Three is the retailer. Make contact again today and tell them you wish to return under statutory rights if you bought mail order/internet.

    The fault is immaterial, you have 14 days to return for no reason at all.
    ====
  • dhjdhj Forumite
    48 Posts
    Many thanks for the very prompt response. I thought that was the case but you do doubt yourself for a moment.

    Thanks again
  • edited 30 April 2017 at 3:06PM
    d123d123 Forumite
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    edited 30 April 2017 at 3:06PM
    dhj wrote: »
    Many thanks for the very prompt response. I thought that was the case but you do doubt yourself for a moment.

    Thanks again


    https://www.citizensadvice.org.uk/consumer/changed-your-mind/changing-your-mind-about-something-youve-bought/

    You must offer a refund to customers if they’ve told you within 14 days of receiving their goods that they want to cancel. They have another 14 days to return the goods once they’ve told you.

    You must refund the customer within 14 days of receiving the goods back.

    They don’t have to provide a reason.
    https://www.gov.uk/accepting-returns-and-giving-refunds
    ====
  • Daz2009Daz2009 Forumite
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    I bought this phone a couple of days ago.Just tried recording video because of what you said and also watched some youtube videos.The sound is fine on my device.
    Are you using the stock camera / video playback apps ?
  • edited 1 May 2017 at 12:44PM
    dhjdhj Forumite
    48 Posts
    edited 1 May 2017 at 12:44PM
    Hi Daz, yes, tried the stock video and Open Camera and also MX but had the same problem. Could I ask what part of the country you bought the phone from?

    I did a search for the fault and there does seem to be a number of issue surrounding the audio. I have to say I'm really disappointed as it's a terrific phone other than that. Having said that, my experience with three has been diabolical and I will NEVER but anything from them again.
  • dhjdhj Forumite
    48 Posts
    I decided, as I had only bought the phone 2 weeks ago that I would return it because of the audio problem. I went to the three shop today and explained the problem to a very nice shop assistant and asked for a refund. 'That's no problem' she said and went off to a back room. She came back a minute or two later with the Shop Manager and another phone which the manager said was the replacement. I again explained and said that I would like a refund. It was at this point that things started to go awry. (I have paraphrased the conversation but you will get the drift)
    Shop Manager - 'We don't give refunds'
    Me - Isn't that illegal and anyway the phone doesn't work properly
    SM - I'll replace it
    Me - No thanks as the replacement probably won't work either due to the software fault.
    SM - How do you know its a fault
    Me - There are a number of threads on the internet
    SM - You cant believe all you read on the internet
    Me - I would ike a refund under the Consumer Protection Act 2015
    SM - It's no good talking to me - three policy is not to give a refund
    Me - Here is a copy of the CPA 2015
    SM - Where did you get that
    Me - from 'Which' magazine
    SM - Anybody could have made that up
    Me - Are you being serious? Why don't you type in CPA 2015 and read it yourself
    SM - It says here that we can offer a repair or replacement
    Me - Can you repair it
    SM - No
    Me - I would like a refund then please
    SM - You need to make sure of your facts before you come in here arguing
    Me - The CPA is the law, you can't just ignore it
    SM - It's no good talking to me about it
    Me - This is where I bought it, it is your responsibility,I would like a refund please
    SM - We've sold loads of these phones and you are the only person ever to bring one back
    Me - I would like a refund please
    SM - In this particular instance I am prepared to offer you a refund
    Me - Thank you.

    Any comments anybody? was I in the right?
  • Daz2009Daz2009 Forumite
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    dhj wrote: »
    Hi Daz, yes, tried the stock video and Open Camera and also MX but had the same problem. Could I ask what part of the country you bought the phone from?

    I did a search for the fault and there does seem to be a number of issue surrounding the audio. I have to say I'm really disappointed as it's a terrific phone other than that. Having said that, my experience with three has been diabolical and I will NEVER but anything from them again.

    I'm in Staffordshire.
    I have read of auddio issues but I think they were from people who had upgraded to Nougat in India etc.We haven't got the upgrade yet in the UK

    Have you looked on the Lenovo forums ?
    https://forums.lenovo.com/t5/P2-P2a42-Smartphones/bd-p/lp05_en
  • dhjdhj Forumite
    48 Posts
    Yes, I did look at this and there is a fault reported specifically on phones from three on page 24 of the link you kindly supplied.
  • edited 1 May 2017 at 5:21PM
    d123d123 Forumite
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    edited 1 May 2017 at 5:21PM
    dhj wrote: »
    I decided, as I had only bought the phone 2 weeks ago that I would return it because of the audio problem. I went to the three shop today and explained the problem to a very nice shop assistant and asked for a refund. 'That's no problem' she said and went off to a back room. She came back a minute or two later with the Shop Manager and another phone which the manager said was the replacement. I again explained and said that I would like a refund. It was at this point that things started to go awry. (I have paraphrased the conversation but you will get the drift)
    Shop Manager - 'We don't give refunds'
    Me - Isn't that illegal and anyway the phone doesn't work properly
    SM - I'll replace it
    Me - No thanks as the replacement probably won't work either due to the software fault.
    SM - How do you know its a fault
    Me - There are a number of threads on the internet
    SM - You cant believe all you read on the internet
    Me - I would ike a refund under the Consumer Protection Act 2015
    SM - It's no good talking to me - three policy is not to give a refund
    Me - Here is a copy of the CPA 2015
    SM - Where did you get that
    Me - from 'Which' magazine
    SM - Anybody could have made that up
    Me - Are you being serious? Why don't you type in CPA 2015 and read it yourself
    SM - It says here that we can offer a repair or replacement
    Me - Can you repair it
    SM - No
    Me - I would like a refund then please
    SM - You need to make sure of your facts before you come in here arguing
    Me - The CPA is the law, you can't just ignore it
    SM - It's no good talking to me about it
    Me - This is where I bought it, it is your responsibility,I would like a refund please
    SM - We've sold loads of these phones and you are the only person ever to bring one back
    Me - I would like a refund please
    SM - In this particular instance I am prepared to offer you a refund
    Me - Thank you.

    Any comments anybody? was I in the right?

    You were right, but should have quoted The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

    Best bet, copy and paste this letter (link below) into an email to David.Dyson at three co uk, adding your own details and that you've spoken to customer services on xx/xx at xxhxx and they have refused to allow the return as allowed by law and before you report them to trading standards will give them a final opportunity to comply.

    Add a complaint about the store manager if you'd like to have that looked into as well.

    Can I reiterate, the fault is a red herring, you can return in the first 14 days without any reason, don't make a big issue about it, you simply wish to return the item under the Regs in the first z14 days as it does not conform to the quality and build you wanted due to the apparent issues all these handsets exhibit..

    https://www.citizensadvice.org.uk/consumer/template-letters/letters/cancelling-goods-or-services/letter-to-cancel-or-return-goods-bought-online-over-the-phone-or-by-mail-order/
    ====
  • dhjdhj Forumite
    48 Posts
    Many many thanks for the response. I am a bit confused as the link appears to refer to a 'distance' item. The phone was purchased directly from a three shop, in person. As it happens, the manager grudgingly did refund me but I am extremely annoyed at his attitude and belligerence so I am going to complain (the young lady shop assistant was very helpful though). I will aslo write to trading standards as this would appear to be standard practice at three and I'm sure I am not the first person to meet such antagonism and blunt off handedness from this company. Again, many many thanks for your invaluable help.
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