Mobile phone returned. Company says it's scratched!

DomSez

My sister bought a phone from Mobile Phones Direct when it came to upgrading. as she has a contract with EE.It wasn't suitable, but when she returned it, MPD say it's scratched when it wasn't, and now are trying to charge her £100 for this.


It's all tied into the contract (I don't have a contract phone so I only know what I'm passing on here) so they'll basically take the £100 that way.


How does she fight this, please? Thanks.



I've attached four pics. 1 and 2 are before she sent it, and 3 and 4 are their pictures showing a scratched phone.

Aylesbury_Duck

The original photos aren't of good enough quality to prove the scratches visible in the later photos weren't there.

DomSez

That doesn't help. On the basis that the scratches were NOT there prior to sending, how does she proceed, please?

Aylesbury_Duck

DomSez wrote: »

That doesn't help. On the basis that the scratches were NOT there prior to sending, how does she proceed, please?

She should formally dispute their claim that the scratches were there when they received the item and ask for evidence. Much as her photos aren't good enough to show no damage, what proof is there that the photos they've taken and sent are actually of her phone and not an identical, scratched model?

DomSez

"She should formally dispute their claim that the scratches were there when they received the item and ask for evidence"


Thankyou.

LilElvis

Did she actually buy the phone outright, or was it a minimal payment/ free upgrade? I renewed my EE contract on Friday and got a "free" new phone, but the salesman in-store did advise me that the phone would not actually be mine to do with as I wished until the contract has passed the six month mark. She might want to look at the contract she signed for clarification on this.

Unknown

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bris

How can you even prove the photos are of the same phone? Taking photos isn't proof, the good photos could be any ones phone.

DomSez

The phone was just a standard upgrade as far as I know, and I imagine the phone came as it should do. I've given all the info I have.


As for proving the photos... this is the problem. They could've taken pics of any phone of that model they had.



In the light of all this, EE (who her contract is with) has given her a free month, so that's £45 'towards the £100 cost' that she's being charged, so I've suggested she put it to them that if they're stumping up part of it, they're admitting liability so should cough up the rest.


I tried the same thing with £550 worth of repairs on my car, and an RAC insurance thing that came with it (long story) and after RAC admitted part of the cost, I went back to them and said they should do the rest, and they did.