Consumer Rights Act Grey Area?

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Hi all,

In July 2016 I purchased a Motorola Moto G4 Plus phone from Amazon for £199. I have been using this phone up until the end of May 2017, upon which the phone stopped emitting any sound from the speaker, therefore no ring tone, no voice on calls, no music, nothing.

I sent the phone back to Motorola for repair under warranty, for which I had to pay for postage, but when I received it back nearly a week later the problem was still there. I then complained and was sent a return label, and the second repair was also unsuccessful after waiting around 6 days to get the phone back (I had to chase them up because customer services tried to say the phone was out of warranty and wanted to charge me for the repair, even though when they gave me the service centre number the phone was already on its way back to me).

As I am sure you can imagine after two unsuccessful warranty repairs I am more than annoyed and to be honest would like a brand new phone or a refund so I can buy another brand as I am not likely to purchase Motorola again.

My online research seems to suggest that since the device is over 6 months old I can ask for a replacement under the Consumer Rights Act. However, the onus is on me to show the fault existed at the time of purchase, which in my opinion was not correct, as I believe it was related to an Android security update I was asked to download that day. There are a number of people complaining about this problem on the forums but the company does not appear to be taking it seriously.

Can anyone advise what my rights are at this stage? I have asked Motorola to escalate it but given the shoddy customer service to date I am not hopeful.

Thanks,

Colin

Comments

  • foxtrotoscar_2
    foxtrotoscar_2 Posts: 1,717 Forumite
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    There is a Consumer Rights board where this may be better placed.

    http://forums.moneysavingexpert.com/forumdisplay.php?f=173
  • Jon_01
    Jon_01 Posts: 5,872 Forumite
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    Your contract under consumer law was with the place you bought the phone from. ie Amazon. They are the only one who could offer you a refund.
    You should have contacted Amazon in the first place, if they'll do anything now you've allowed Motorola to repair now it up to them. . .

    Manufactures warrantees are limited and in addition to your rights under law.
  • Castle
    Castle Posts: 4,223 Forumite
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    Did you pay by credit card?
  • pmduk
    pmduk Posts: 10,655 Forumite
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    I've had an issue this week with an 11 month old android phone, as it's not a model Amazon currently stock, they weren't interested in repairing but refunded me as soon as they had confirmation the handset had entered the return process.
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