Tesco Mobile refusing to my Galaxy Z 4 Fold and now in deadlock

simonbamford

Hi,

My Z 4 Fold's internal screen protector which comes with the device and is integral to the device not being damaged started to peel off down the middle along the fold itself. When this happened I sent the device for repair. Now this took 2 weeks to get to them because their website changed my address to DPD and then it got lost for a week.

Tesco Mobile asked me to call them and they said that while I should get it done for free they can't do it because Samsung do not send them the equipment to complete these sorts of repairs and that I would have to send the phone to Samsung instead. 

I said that under my rights they must complete the repair, replace, or refund. I was told no again and that the only option was for me to take the phone back and send to Samsung myself. I was not happy with this so I asked this to be raised to the concerns teams who called me back the next day and just said the same thing but this time offered me 2 months of airtime refunded so that would be £20 as good will. 

I reiterated my right and how it is Tesco Mobiles responsibility to repair the device and if they can't they must replace it or refund it. They refused again and now are writing me a deadlock letter and seem to be keeping hold of my phone as there is no sign of it coming back to me and nothing was said about it on the phone. 

I am a stubborn person so have no problem waiting this out and going to the ombudsman about it. But just wondering if I am correct in my thinking. Is there a better tact I should try?

I sent a letter to their CEO hoping to get a more amicable resolution but haven't heard back yet. 

I will be going to CISAS and the FCA as they are refusing my repair I can't use my insurance which does not cover in warranty repairs which this is so it was mis-sold. 

HillStreetBlues

When did you buy it? How much was it? what payment method did you use?

pushpull

Why would you not want the manufacturer themselves to repair it over a third party?

If they don't have the equipment to repair it they don't have the equipment to repair it. It seems like you're arguing the difference between you sending it to Tesco and then them sending it to Samsung, vs you just sending it to Samsung.

I suspect you'll lose if this goes to CISAS.

sheramber

If you are claiming under Samsung's warranty you need to deal with Samsung, not Tesco.

simonbamford

HillStreetBlues said:

When did you buy it? How much was it? what payment method did you use?

I bought it last September on contract from Tesco Mobile. £1800 of credit. It's paid by direct debit. 

sheramber said:

If you are claiming under Samsung's warranty you need to deal with Samsung, not Tesco.

I am claiming under the warranty with the people who sold it to me which was Tesco mobile. 

pushpull said:

Why would you not want the manufacturer themselves to repair it over a third party?

If they don't have the equipment to repair it they don't have the equipment to repair it. It seems like you're arguing the difference between you sending it to Tesco and then them sending it to Samsung, vs you just sending it to Samsung.

I suspect you'll lose if this goes to CISAS.

Generally speaking these are all trained professionals and are authorised to do the repairs on behalf of the company and if not they would generally just send it to the company to complete anyway. Which I asked them to do and have also refused. 

I've already sent it to Tesco Mobile though and has been 3 weeks since I initially stopped using the device to ensure it would not end up damaged. If their website had said this issue must be dealt with by Samsung themselves then there would be no issue as I could have done this. 

Are you suggesting Tesco aren't responsible for repairing my device when it's broken? And if they had no machines at all they could just say not our problem? 

My argument is simply they are refusing to repair, replace, or refund my device under the consumer rights act. I've sent my device to them. I've done my part of the bargain and they need to do theirs. 

the_lunatic_is_in_my_head

pushpull said:

Why would you not want the manufacturer themselves to repair it over a third party?

If they don't have the equipment to repair it they don't have the equipment to repair it. It seems like you're arguing the difference between you sending it to Tesco and then them sending it to Samsung, vs you just sending it to Samsung.

I suspect you'll lose if this goes to CISAS.

Yes pretty much.

The main difference I can see is when the consumer seeks a remedy under the CRA if the goods still do not conform after one repair/replace then the consumer may reject/seek a price reduction.

If a repair untaken by the OP dealing with Samsung directly wasn't viewed as a remedy provided by the trader this affects the above position.

Equally if OP hands the phone to Tesco in store then whatever happens to it in transit to and from Samsung as well as whilst in their care would be Tesco's problem rather than the OP's.

A company the size of Tesco should have the correct processes in place to provide the consumer with a remedy.

OP if you paid with credit typically you have S75 cover, who provided the credit?

Okell

Yes, your consumer rights are against Tesco, but If you returned it to Tesco for repair under your consumer rights, all they would do is send it to Samsung for repair.

What is the problem with you sending it to Samsung direct, thereby cutting out the middleman?

Tesco don't appear to be denying you your consumer rights as they seem to have already told you that the repair will be free.

If you are concerned about protecting your consumer rights against Tesco under the Consumer Rights Act 2015, I would suggest that all you require is some sort of written acknowledgement from Tesco that they are meeting their obligations under that legislation by asking you to send the 'phone to Samsung for a free repair.  So long as Samsung know that as well, I don't understand the problem.

You say you are stubborn and that Tesco are now sending you a deadlock letter.  Are you familiar with the phrases "Cutting your nose off to spite your face" and "Snatching defeat from the jaws of victory"?

NB - I'm sure you are aware that after six months from purchase the onus is on you to establish that the cause of the fault or failure was present when you bought it, and is not due to damage caused by you or misuse.  Can you do so?

the_lunatic_is_in_my_head

Okell said:

NB - I'm sure you are aware that after six months from purchase the onus is on you to establish that the cause of the fault or failure was present when you bought it, and is not due to damage caused by you or misuse.  Can you do so?

If requested, either by the trader asking or refusing a remedy and it being required to take further action. 

The trader can of course simply agree the goods do not conform and if it could be shown they did agree they would need a good reason to then say otherwise, the customer being stubborn about how things are done obviously not being a good reason.   

Pretty poor from Tesco not to take the phone and send it to Samsung, or say prove it's a fault. 

Yes a case of pick your battles, of course that's opinion rather rights  

Edit to add it seems Tesco have the phone, seems even sillier for them not to just send it to Samsung, makes you wonder if the repair by Samsung would be for a fee rather than free, either that or Tesco are being equally stubborn.

screech_78

simonbamford said:

HillStreetBlues said:

When did you buy it? How much was it? what payment method did you use?

I bought it last September on contract from Tesco Mobile. £1800 of credit. It's paid by direct debit. 

sheramber said:

If you are claiming under Samsung's warranty you need to deal with Samsung, not Tesco.

I am claiming under the warranty with the people who sold it to me which was Tesco mobile. 

pushpull said:

Why would you not want the manufacturer themselves to repair it over a third party?

If they don't have the equipment to repair it they don't have the equipment to repair it. It seems like you're arguing the difference between you sending it to Tesco and then them sending it to Samsung, vs you just sending it to Samsung.

I suspect you'll lose if this goes to CISAS.

Generally speaking these are all trained professionals and are authorised to do the repairs on behalf of the company and if not they would generally just send it to the company to complete anyway. Which I asked them to do and have also refused. 

I've already sent it to Tesco Mobile though and has been 3 weeks since I initially stopped using the device to ensure it would not end up damaged. If their website had said this issue must be dealt with by Samsung themselves then there would be no issue as I could have done this. 

Are you suggesting Tesco aren't responsible for repairing my device when it's broken? And if they had no machines at all they could just say not our problem? 

My argument is simply they are refusing to repair, replace, or refund my device under the consumer rights act. I've sent my device to them. I've done my part of the bargain and they need to do theirs. 

If you’re claiming under the warranty and this warranty lies with Samsung, then no, Tesco are not responsible. 

Warranties and consumer rights are two completely different things. 

ripplyuk

Why won’t Tesco send the phone to Samsung? They already have it. I’d be suspicious that they are trying to avoid their responsibility by doing that. 

I agree with you OP about not taking the phone back and sending it to Samsung yourself. That would just lead to more problems eg: if the repair fails or it goes missing. If Tesco have accepted that this phone has an inherent fault, then I would keep pushing the complaint. 

Okell

the_lunatic_is_in_my_head said:

pushpull said:

Why would you not want the manufacturer themselves to repair it over a third party?

If they don't have the equipment to repair it they don't have the equipment to repair it. It seems like you're arguing the difference between you sending it to Tesco and then them sending it to Samsung, vs you just sending it to Samsung.

I suspect you'll lose if this goes to CISAS.

...If a repair untaken by the OP dealing with Samsung directly wasn't viewed as a remedy provided by the trader this affects the above position...

I might well be wrong but if a consumer approached the seller for a repair and the seller says something like "Sorry - we haven't the tools to do the repair and we'd have to send it off to the manufacturer, but you can send it to them yourself" and the repair failed, I'm pretty certain that that failed repair would be taken as having been made by, or on behalf of, the seller (for the purposes of the CRA).

I'd be concerned the OP has made this much more difficult for himself by stubbornly insisting that Tesco must carry out the repair themselves, and that they've provoked Tesco into sending them a deadlock letter(!).

[Edit: although the point about it being lost in transit is a good one...]