Faulty mobile phone SOGA

rev_henry

Got a galaxy note 4 phone on contract mid 2015. Contract ended mid 2017, went to another provider.
Phone stopped working properly about 2 months ago. A bit of internet research reveals this is a common fault which develops at around this age, known as the eMMC read fail error and the only solution is a new motherboard. A few people are attempting to sue Samsung about it in the USA.

Went back to the network who supplied it, said 'SOGA, fix it.' They repeatedly said 'its out of warranty, you are no longer our customer, go away.'

Took them to the ombudsman, who has said 'You are correct, but the obligation is on you to provide evidence from either the manufacturer or an independent specialist that prove the handset was not of satisfactory quality, fit for purpose, or as described when purchased. You haven't yet done this.'

I accept what the ombudsman says is true, but what they are asking for is proving impossible to actually get! Has anyone any idea where or how I can get a report such as this? Or am I on a hiding to nothing and should I just cut my losses and buy a new phone?

KeithP

rev_henry wrote: »

I accept what the ombudsman says is true, but what they are asking for is proving impossible to actually get! Has anyone any idea where or how I can get a report such as this? Or am I on a hiding to nothing and should I just cut my losses and buy a new phone?

If you can't prove on the balance of probabilities that the goods are inherently faulty then the seller has to do nothing further.

Do you realise that even if you can supply that proof, the seller can offer a refund reduced to take account of the use you have had?

I wonder what reduction would be made for two and a half years use of a phone?

bris

Basically you can't and without it you have no case. It's worked fine for nearly 3 years, about right for mobiles tbh.


It's worth buttons now so even if you did prove it then all they need to do is give you a partial refund. The refund would be a fraction of the cost of the report so pick your battles.

JJ_Egan

< independent specialist that prove the handset was not of satisfactory quality, fit for purpose, or as described when purchased.>

Independent phone engineers report you pay for .
However the eMMC fail may not be the actual problem .It requires an inspection not internet reports .

rev_henry

As I thought.
I'm happy to pay for a report and bill vodafone for it, the trouble is finding someone to actually do it. One national independent repair chain said no, samsung said no. Its not actually possible.

mije1983

rev_henry wrote: »

As I thought.
I'm happy to pay for a report and bill vodafone for it

Bare in mind that Vodafone will only reimburse the cost of the report if it shows an inherant fault. If it doesn't, you will be left to pick up the tab.

rev_henry

mije1983 wrote: »

Bare in mind that Vodafone will only reimburse the cost of the report if it shows an inherant fault. If it doesn't, you will be left to pick up the tab.

Of course, all the more reason why I should cut my losses now...

JJ_Egan

rev_henry wrote: »

As I thought.
I'm happy to pay for a report and bill vodafone for it, the trouble is finding someone to actually do it. One national independent repair chain said no, samsung said no. Its not actually possible.

Of course it possible hundreds of independent phone guys out there .

But the cost of the report has to be weighed against the possibility that the result is not what you want to prove .

BorisThomson

JJ_Egan wrote: »

Of course it possible hundreds of independent phone guys out there .

But the cost of the report has to be weighed against the possibility that the result is not what you want to prove .

An independent phone guy is not an expert though. Many of them are "qualified" via YouTube videos.

Shaka_Zulu

rev_henry wrote: »

Went back to the network who supplied it, said 'SOGA, fix it.' They repeatedly said 'its out of warranty, you are no longer our customer, go away.'

Went in a bit half coccked there!