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A success story - hoping to inspire!
notmyrealname2018
Posts: 4 Newbie
Hi all,
I wasn't sure where to post this, but hoping here is right, and that it will do some good.
I have used MSE for PPI reclaim, Supplier switching, deals and more, and wanted to give back by sharing what happened over the last year regarding a consumer rights issue, in the hope it inspires people not to give up, to urge people to stand up for themselves when wronged, and to not be bullied by major companies who hide behind lies and making you believe it isn't worth fighting for.
I bought a phone handset outright from Carphone Warehouse (not sure if i should or can name the company, but since I have never bad mouthed them or brought this case public before , oh well!). I spent £600 on the phone from them, had troubles actually getting it in time for Christmas, but Xmas eve received it and all was good. On opening Xmas da, part of the phone was found not to be working, and to be fair, Carphone exchanged no questions asked for a new phone.
Fast forward 6 months and the phone completely fails. First no audio, then no camera and then crashes completely. Back to the shop and they send away for testing for 2 weeks, cannot fix so a brand new handset, that fails and so sent off for testing and another one, that fails and gets sent off, this time I've had enough, refuse the new handset and ask for a refund. Throughout the failed phones I was always promised a manager call and never got one. In the end after countless emails to them and various phone calls, I am told point blank I will not be getting a refund of any kind, and if I don't like it, take them to court.
Most people would have given up at this point or continued with the email complaints and waited for a call from a manager that would never come.
With guidance from MSE, I saw citizens advice, followed to the letter the procedures for contacting them with an offer to mediate and make this right, did recorded delivery on EVERYTHING so I had proof, then served them with notice that I intended to take them to small claims, and after not hearing anything back, bit the bullet and genuinely went through small claims.
Cut to last month and I have a court date set, I finally hear from someone at Carphone, and they try a lower offer to save me going to court. I stand my ground, attend court, they can't make it and so just me and a judge in a huge courtroom, very intimidating but I have all proof, all communication, all dated letters and proof of postage in my case file..
The judge sees that the law states technically he should consider the fact that it's over 6 months that the phone worked before failure and some reduction should be made on a refund, HOWEVER since my notes, facts and proof are so well kept, and that they failed to acknowledge any attempt to complain, no call from any manager and no attempt to make this right, I was awarded the full amount, court costs and any expenses (this part I declined as I just wanted the money back i had lost).
It pays to stand up for yourself to any sized company, not only if they do wrong, but just for bad customer service. Don't ever feel threatened or intimidated to take action if advised that you are right.
Please be inspired and fight for what is right.
Thanks for your time.
Me x
I wasn't sure where to post this, but hoping here is right, and that it will do some good.
I have used MSE for PPI reclaim, Supplier switching, deals and more, and wanted to give back by sharing what happened over the last year regarding a consumer rights issue, in the hope it inspires people not to give up, to urge people to stand up for themselves when wronged, and to not be bullied by major companies who hide behind lies and making you believe it isn't worth fighting for.
I bought a phone handset outright from Carphone Warehouse (not sure if i should or can name the company, but since I have never bad mouthed them or brought this case public before , oh well!). I spent £600 on the phone from them, had troubles actually getting it in time for Christmas, but Xmas eve received it and all was good. On opening Xmas da, part of the phone was found not to be working, and to be fair, Carphone exchanged no questions asked for a new phone.
Fast forward 6 months and the phone completely fails. First no audio, then no camera and then crashes completely. Back to the shop and they send away for testing for 2 weeks, cannot fix so a brand new handset, that fails and so sent off for testing and another one, that fails and gets sent off, this time I've had enough, refuse the new handset and ask for a refund. Throughout the failed phones I was always promised a manager call and never got one. In the end after countless emails to them and various phone calls, I am told point blank I will not be getting a refund of any kind, and if I don't like it, take them to court.
Most people would have given up at this point or continued with the email complaints and waited for a call from a manager that would never come.
With guidance from MSE, I saw citizens advice, followed to the letter the procedures for contacting them with an offer to mediate and make this right, did recorded delivery on EVERYTHING so I had proof, then served them with notice that I intended to take them to small claims, and after not hearing anything back, bit the bullet and genuinely went through small claims.
Cut to last month and I have a court date set, I finally hear from someone at Carphone, and they try a lower offer to save me going to court. I stand my ground, attend court, they can't make it and so just me and a judge in a huge courtroom, very intimidating but I have all proof, all communication, all dated letters and proof of postage in my case file..
The judge sees that the law states technically he should consider the fact that it's over 6 months that the phone worked before failure and some reduction should be made on a refund, HOWEVER since my notes, facts and proof are so well kept, and that they failed to acknowledge any attempt to complain, no call from any manager and no attempt to make this right, I was awarded the full amount, court costs and any expenses (this part I declined as I just wanted the money back i had lost).
It pays to stand up for yourself to any sized company, not only if they do wrong, but just for bad customer service. Don't ever feel threatened or intimidated to take action if advised that you are right.
Please be inspired and fight for what is right.
Thanks for your time.
Me x
0
Comments
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Once the goods failed to conform to contract after the first repair/replace attempt then you were legally entitled to reject the goods for a full refund (as this was all before 6 months). Whilst the judge was correct in his "6 months" observation, he was incorrect to disregard the previous attempted remedies prior to the 6 months point.
Well done anyway.
PS - you didn't need recorded delivery ... sending 1st class from a PO and retaining a certificate of posting is all you needed.0 -
Well done, but have you actually got the money back, or just an order for it to be repaid?0
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At least CPW aren't likely to fold and phoenix before the OP engages bailiffs or HCEOs, if they don't pay up.
0 -
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ThumbRemote wrote: »You just can't bear someone having a successful outcome, can you?
Of course I can, I asked a question because the OP didn't actually say whether the outcome has been succesful, if it has that's great. Unless you know better?0
This discussion has been closed.
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