My phone can't be repaired - what are my options?

hardanger

I'd first like to just say that this post is not a criticism of Carphone Warehouse as I have found them to be very helpful and fair - just want to know where I stand.

My Nexus 6P, which I bought sim-free from Carphone Warehouse, began to fail to hold charge a few months ago, with the phone becoming impossible to use for any extended duration of time away from the charger.

I took it into Carphone Warehouse two weeks ago and they sent it in for repair and after a fair amount of chasing they have confirmed that the device cannot be fixed or replaced.

They offered me the choice of two replacement handsets and although they were very fair alternatives, did not suit me. Without request, they have now credited my account with the full cost of the original phone, with the voucher expiring after a year.

Although the voucher seems a very reasonable offer, am I entitled to a cash alternative? And am I entitled to have the faulty handset back or not?

Many thanks for your help!

Farway

How long ago did you buy the phone?

hardanger

Thanks for the reply @Farway, it was bought in mid-December 2015.

unforeseen

I suppose you could ask for the cash but TBH the voucher seems good value as it is for the full cost of the phone.

If they give you a cash refund they are well within their rights to reduce the offer based on the length of time that you have had the phone.

hardanger

Thanks @unforseen, I agree that the full value in voucher or cash is very likely further than they need to go. Any ideas if it is a legal requirement that they offer it in cash instead of voucher please?

Farway

I "think" any legal requirement for cash option is only if you reject the phone for a fault in the first few months

By the sound of it you have had & used the phone for over two years, which oddly enough is about the life of the battery, which is curiously one reason many phone contracts are two years and not say three

I would grab the voucher and be happy.

Could you add cash to the voucher for instance to buy the phone you fancy?

hardanger

Cheers @Farway, I think I probably could add cash from what it sounds.

If anyone does know if there is a legal requirement to offer cash instead of store credit would be very interesting.

d123

hardanger wrote: »

Cheers @Farway, I think I probably could add cash from what it sounds.

If anyone does know if there is a legal requirement to offer cash instead of store credit would be very interesting.

There isn't even a legal requirement to give you a full credit after you've had the phone for more than a year and a half, they would have been entitled to only offer a partial refund.

Get a full refund within 30 days

This is a nice new addition to our statutory rights. The Consumer Rights Act 2015 changed our right to reject something faulty, and be entitled to a full refund in most cases, from a reasonable time to a fixed period (in most cases) of 30 days. After that, you lose the short-term right to reject the goods and you'll have fewer rights, such as only being able to ask for a repair or replacement, or a full or partial refund if this doesn't work.

Act as soon as possible

In a nutshell return something in 30 days and in most cases you'll get a full refund. Miss this and your rights reduce.

Therefore the best route is simple...

Complain the instant you realise there's a problem. The longer it's left, the more likely you'll lose your rights.

The longer it's been and the less durable the item, the harder it'll be to fight for a full refund. Yet whatever you request, the retailer must sort it within a 'reasonable' time. So while two weeks to fix a car brake fault is acceptable, two weeks to clean it isn't.

What if you've taken longer to return the goods?

If you take longer than 30 days to return the item, you'll have to choose between a repair or a replacement. The retailer can veto either though if it's impossible to carry out a repair or the cost of a replacement is much higher than that of a repair.

If the item is still dodgy after just one attempt at a repair or replacement, the repair or replacement isn't possible or it hasn't been carried out quickly enough you're then entitled to ask for a refund – this could be the full amount within the first six months, or otherwise is likely to be a partial refund.

http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange

pmduk

Farway wrote: »

By the sound of it you have had & used the phone for over two years, which oddly enough is about the life of the battery, which is curiously one reason many phone contracts are two years and not say three

Actually the battery life is one year - it is irrelevant to the life of a contract as the battery is considered as a consumable and unless it's a 'fixed' battery is considered as replaceable by the consumer.

[Deleted User]

You've had the phone for 18 months plus, they've offered you the full cost of the phone in store credit and you still want more???