Faulty handset missed 30 day window, rights??

Wobblybox

Hi all,

I bought a note 8 sim free from the carphone warehouse on 16th of September 2017. it first displayed a not registered on network error message on 19th of September (I have a screen shot) and it has displayed this fault upwards of 60 times. I can't make or receive calls. I have to turn off 4g to use the phone. I have upwards of 60 screenshots displaying the error message. I took the handset to the Samsung store in Belfast where a faulty motherboard was identified. I booked the handset for the following week and took a day off work to bring it in for repair only to be turned away as the part needed was used in another repair! This happened again a few days later before I finally got the handset repaired. The fault happened again a few days later..... I have reset the phone 7 times, changed the sim, tortured Vodafone all to no avail. I want a replacement handset and the only answer I can get is another repair without replacement and I am not satisfied with that solution. It cost £869 and it should work as described. Carphone warehouse are worse than useless and I should have returned the handset immediately but I believed it was a network issue and not a handset problem so I was outside the 30 days. I took the handset to Samsung direct as carphone warehouse quoted upto 28 days turnaround. I have initiated a charge back via Santander and wonder if it's likely to be a success..

Samsung are getting woeful reviews of late, searching Google for 'not registered on network' turns up a huge problem that Samsung don't apparently know how to fix

d123

You’ve had the handset worked on by a “third party”, you’ve really complicated things by doing that and CPW will probably win any argument you put forward by saying they can’t be reponsible for something an external party has done.

Wobblybox

Cpw told me to take it to the Samsung store to speed up the process as they send the handsets off every Thursday to Samsung anyway. It's not a 3rd party per s!. It's the 30 day window that I'm querying. Surely mobile phone comes under 'electrical goods'? Cpw are horrendous with customer service, all they can say is send it away for a 28 day repair for an item that's already been repaired.

pmduk

If the 'third party' was Samsung themselves, CPW are on a sticky wicket using that to hide behind.

d123

pmduk wrote: »

If the 'third party' was Samsung themselves, CPW are on a sticky wicket using that to hide behind.

How is any any third party allowed to work on the item in terms of the Consumer Rights Act before the retailer has examined or attempted their own repair?

Here is the legislation:
http://www.legislation.gov.uk/ukpga/2015/15/contents/enacted

The OP is discussing “rights” not warranty. If CPW refuse due to the third party (no matter who they are) having been involved, what legal grounds will the OP have to take CPW to court? How does the OP get a court to agree that the fault was inherent at point of sale and not caused by the actions of the third party?

As I said, by involving a third party he has complicated the issue. All he can do now is allow CPW to proceed with their own repair process and hope it’s fixed or replaced without any argument.

pmduk

Samsung- the third party you are referring to are the engineers that would handle any repairs initiated by the retailer. CPW cannot hide behind this. In actuality you might find that Samsung stores are operated by CPW themselves!

I'm not an expert in the CRA but IIRC it only allows a retailer one repair of an item

ETA
From Which?

After the first 30 days

If you're outside the 30-day right to reject, you have to give the retailer one opportunity to repair or replace any goods or digital content which are of unsatisfactory quality, unfit for purpose or not as described.
You can choose whether you want the goods to be repaired or replaced.
But the retailer can refuse if they can show that your choice is disproportionately expensive compared with the alternative.
If the attempt at a repair or replacement is unsuccessful, you can then claim a refund, or a price reduction if you wish to keep the product.

d123

pmduk wrote: »

Samsung- the third party you are referring to are the engineers that would handle any repairs initiated by the retailer. CPW cannot hide behind this. In actuality you might find that Samsung stores are operated by CPW themselves!

I'm not an expert in the CRA but IIRC it only allows a retailer one repair of an item

ETA
From Which?

Firstly, a lot of Samsung repairs are done by private companies (like Anovo) and not Samsung, so legally it’s the equivalent of getting any repairer to go have a go.

Secondly, where has the retailer done a repair to the item?

pmduk

Wobblybox wrote: »

Cpw told me to take it to the Samsung store to speed up the process

The OP was acting under the retailer's instructions.

If a Samsung store then passes it to a Samsung certified engineer for repair that will be sufficient for the warranty and CRA.

d123

pmduk wrote: »

The OP was acting under the retailer's instructions.

Where have you seen proof of that?

If a Samsung store then passes it to a Samsung certified engineer for repair that will be sufficient for the warranty and CRA.

In your opinion, you mean? You actually haven’t explained how the third party is even involved with regards to the CRA, remember this isn’t a discussion on warranty, it’s purely regarding rights under CRA between the customer and retailer. The warranty is outside and separate from any CRA rights.

pmduk

I stand by my opinion. Obviously I'm taking the OP's statement's at face value. He followed the retailer's instruvtions to minimise his inconvenience and reduce the time he had a faulty handset. I believe these are reasonable actions. It's for a court not an MSE forum to make the final decisipn on this.

Retailers don't repair handsets, certainly not those under manufacturer's warranty, they return them to the Manufacturer ie Samsung.

d123

pmduk wrote: »

I stand by my opinion. Obviously I'm taking the OP's statement's at face value. He followed the retailer's instruvtions to minimise his inconvenience and reduce the time he had a faulty handset. I believe these are reasonable actions. It's for a court not an MSE forum to make the final decisipn on this.

And a court will want proof, what proof does the OP have that the retailer instructed him to send the item to a third party?

Retailers don't repair handsets, certainly not those under manufacturer's warranty, they return them to the Manufacturer ie Samsung.

You’re hung up on warranty, the question in the OP relates to statutory rights, not warranty. No warranty has a term allowing a refund in the event the item is faulty within a reasonable time of purchase. The OP wants to return the phone for money back...