Phone died 2 days out of warranty

tiching99
tiching99 Posts: 2 Newbie
edited 11 February 2018 at 2:21PM in Consumer rights
What did you buy?
A Huawei Nexus 6P mobile phone, off contract (i.e. handset only, one-off payment).

When did you buy it?
07-Feb-2016

Where from? (internet or in store - it DOES make a difference)
Carphone Warehouse internet store.

How did you pay? (cash/cheque/debit card/credit card etc)
Credit card.

What went wrong?
The phone died 2 days past a 24-month warranty period. I believe (and have been told by Carphone Warehouse) that it has developed a battery fault. For clarity, the Nexus 6P has a battery that cannot be removed/replaced and the phone cannot be opened in any way (apart from breaking it apart of course, which I have not done).

What are the vendors telling you?
Both Carphone Warehouse and Huawei are telling me that as its out of warranty they will not cover the repair or replacement. My position (as far as I understand it - happy to discuss hence this post!) is that under the Consumer Rights Act, the goods should be of satisfactory quality, where "quality" includes the durability of the product. In my view, a 2 year product life is not reasonable for a phone that cost £490; and as the battery is not removable, it is reasonable to conclude that the battery defect existed at the time the phone was purchased.

What solution or remedy are you looking for? (Companies may Repair / Refund / Replace)
I have written to Carphone Warehouse with a claim under the Consumer Rights Act, requesting a repair or (partial) refund.

Has anyone else been in a similar situation before? Any thoughts?

Comments

  • marliepanda
    marliepanda Posts: 7,186 Forumite
    tiching99 wrote: »
    What did you buy?
    A Huawei Nexus 6P mobile phone, off contract (i.e. handset only, one-off payment).

    When did you buy it?
    07-Feb-2016

    Where from? (internet or in store - it DOES make a difference)
    Carphone Warehouse internet store.

    How did you pay? (cash/cheque/debit card/credit card etc)
    Credit card.

    What went wrong?
    The phone died 2 days past a 24-month warranty period. I believe (and have been told by Carphone Warehouse) that it has developed a battery fault. For clarity, the Nexus 6P has a battery that cannot be removed/replaced and the phone cannot be opened in any way (apart from breaking it apart of course, which I have not done).

    What are the vendors telling you?
    Both Carphone Warehouse and Huawei are telling me that as its out of warranty they will not cover the repair or replacement. My position (as far as I understand it - happy to discuss hence this post!) is that under the Consumer Rights Act, the goods should be of satisfactory quality, where "quality" includes the durability of the product. In my view, a 2 year product life is not reasonable for a phone that cost £490; and as the battery is not removable, it is reasonable to conclude that the battery defect existed at the time the phone was purchased.

    What solution or remedy are you looking for? (Companies may Repair / Refund / Replace)
    I have written to Carphone Warehouse with a claim under the Consumer Rights Act, requesting a repair or (partial) refund.

    Has anyone else been in a similar situation before? Any thoughts?

    Many of your points in this are wrong. The battery being unremovable isn’t even 10% of the way towards it being an inherent fault. That will get laughed out. I also think that a 2 year lifespan on a phone isn’t completely terrible, I’ve had more expensive phones fail earlier than that. Anyway.

    If you ACTUALLY want them to do anything you need to commission an independent report stating that the battery is inherently faulty. After two years in your possession, being charged with something the inspector doesn’t know, in environments the inspector doesn’t know this is unlikely, but, possible.

    As of now Carphone Warehouse and Huawei don’t have to do anything.
  • MobileSaver
    MobileSaver Posts: 4,334 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    tiching99 wrote: »
    as the battery is not removable, it is reasonable to conclude that the battery defect existed at the time the phone was purchased.

    I don't think your conclusion is at all reasonable and I'd go further than marliepanda; I don't think you have even the remotest chance of proving that a battery you have (probably) successfully charged more than 700 times was faulty when purchased...
    Every generation blames the one before...
    Mike + The Mechanics - The Living Years
  • LABMAN
    LABMAN Posts: 1,659 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper
    Phone can be taken apart and battery replaced. I'd get an independent repair place to give you a price for the job. Or buy a battery DIY.
  • JJ_Egan
    JJ_Egan Posts: 20,281 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Battery is a consumable and usually warranty does not apply .
    Battery can be removed but at users expense .
  • molerat
    molerat Posts: 34,255 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 11 February 2018 at 4:22PM
    https://www.google.co.uk/search?q=nexus+6p+battery+replace&ie=utf-8&oe=utf-8&client=firefox-b&gfe_rd=cr&dcr=0&ei=R16AWpvoKsixtgeQu7CACQ

    It seems the battery is !!!! and Google would likely replace the phone if it had been purchased purchased from them !
  • Well consider me adequately corrected! I guess I'm quite out of touch with what is deemed a reasonable life for a phone!

    Thanks for the responses!
  • tiching99 wrote: »
    Well consider me adequately corrected! I guess I'm quite out of touch with what is deemed a reasonable life for a phone!

    Thanks for the responses!

    I'm sure the phone is fine - it just needs a new battery. Depending on the number of charges and how you charge it, 2 years is average for a battery - they only have a finite life.

    One of the independent phone shops should be able to change it quite reasonably. A quick Google shows a place in London charging £60 to change it for a new one.
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