2nd repair of product whilst still under warrantee

Johnnie_Walker

So quick update. I chatted to an advisor on Samsung.com who looked through previous notes and then proceeded to take me through all the same steps I had already previously taken. I remained polite and thanked him at the end but asked to speak to a manager to find out what my options were. I was informed that no managers were available until 1600hrs today. As advised, I had master reset my device, but I ensured that my phone worked so I could answer when they called. Waited in anticipation for 1600hrs and for a subsequent 4 hours but to no avail. my phone works as a phone so they just didn't call. I am keeping all the chat messages but am starting to think that I am not going to get anywhere with this. All I want is for my device to be fully functional again and not to have to keep wasting hours, backing up and restoring each time I factory reset. Frustrating.

RefluentBeans

Johnnie_Walker said:

So quick update. I chatted to an advisor on Samsung.com who looked through previous notes and then proceeded to take me through all the same steps I had already previously taken. I remained polite and thanked him at the end but asked to speak to a manager to find out what my options were. I was informed that no managers were available until 1600hrs today. As advised, I had master reset my device, but I ensured that my phone worked so I could answer when they called. Waited in anticipation for 1600hrs and for a subsequent 4 hours but to no avail. my phone works as a phone so they just didn't call. I am keeping all the chat messages but am starting to think that I am not going to get anywhere with this. All I want is for my device to be fully functional again and not to have to keep wasting hours, backing up and restoring each time I factory reset. Frustrating.

Personally, if the number is free to call, and you can just have your phone on you/able to jump on a call - I would just stay on the line in a queue until you speak to a manager. Be firm (but polite) that you’ve already spoken to first line support and need the second line support now. 

I think it’s often the case that managers tend to get bogged down, and that close to the end of the working day they didn’t want to risk it being a 2 hour call/that all managers were busy until the end of the day and just missed the bottom of the list.

When you do speak with them - be clear in what you’re asking as well. If you want a replacement then say that outright and list your reasons rationally. And if they won’t give you a replacement you could ask for a guarantee that if the phone breaks again, you’ll get a refund or replacement and get them to send it to you in writing (phone recordings are normally kept for a matter of days not months). 

Okell

tightauldgit said:

Johnnie_Walker said:

Thanks for the above replies, they are really useful and I appreciate them. I guess I must allow Samsung to repair my device a second time and must hope that opening it up and messing inside it for a second time doesn't detract from the quality of the product moving forward. I generally like to keep my mobiles for 5 or 6 years than replace each time a new model is released so I guess this is my biggest concern. Many thanks for bringing my expectations into line regarding a replacement.

If you bought it direct from Samsung then I think you would have a strong case to say they've had their one attempt to repair that the consumer rights act allows and you would now be within your rights to reject the phone and get a refund...

DullGreyGuy said:

You dont have the right to demand a replacement but as this is the second fault you've had with the item and you've made the retailer aware/followed their instructions you are entitled under the Consumer Rights Act to "a final right to reject" the goods under section 24(5)(a)...

I would normally agree with both of you if the OP had gone back in the first instance to who he bought it from, but has he?

The OP says he bought it from Samsung.com but that he's been dealing with Samsung.co.  Is that just a typo with the letter "m" missing from Samsung.co, or is the OP trying to identify a different legal entity from the organisation that sold it?

(Apologies if that's a stupid question but as I've explained on another thread I am technically illiterate and don't even know what smartphone is!)

Okell

Johnnie_Walker said:

So quick update. I chatted to an advisor on Samsung.com who looked through previous notes and then proceeded to take me through all the same steps I had already previously taken. I remained polite and thanked him at the end but asked to speak to a manager to find out what my options were...

And did you clearly explain this time to the advisor you spoke to that you wanted to exercise your rights under the Consumer Rights Act 2015 (legislation.gov.uk) and that you were not seeking a warranty repair?  (I did ask in an earlier post but I don't think you've told us.  It might be important and affect the advice you get whether you have made it clear you are enforcing your statutory consumer rights and not your rights under any warranty).

Under the legislation I've linked to above, the seller is only allowed one single attempt to either repair or replace your 'phone.  If that one single attempt fails, you are entitled to claim a refund if you want one, and Samsung can't deny you one.  But bear in mind that because the 'phone is over 6 months old, Samsung are entitled to deduct from your refund an amount to reflect the untroubled use that you've had of it.

So as Samsung has had one attempt at repair but the phone has failed for a second time, it's important to know* if the firts attempt was under warranty or under your statutory rights.


*Well - if you can confirm that the first repair was done under statute then that makes everythnig simple and you should be entitled to a refund (less a deduction to reflect 7 months use).  But even if you didn't make it clear that you were exercising your statutory rights you might still be able to argue that Samsung should have understood that that was what you were doing when you went back to them about the initial fault - see the posts yesterday by @tightauldgit and @DullGreyGuy  

born_again

TBH, speaking to a manager is often a waste of time as they have less knowledge than the person you have just been speaking to. 
As all they are, are people managers. 

Seen more than enough managers, simply ask the person that has just spoken to the customer what they said & just reiterate it. Even if it is wrong.

Johnnie_Walker

Samsung manager called me at1400 hrs today having been told in chat they would call 1600 hrs yesterday. By then I had already decided I just wanted my phone fixed so had arranged via Samsung support, to again take it to my local EE store. I think Samsung must have purchased EE or have a contract with them for repairs. So I am without my phone for a few days but hopefully, when it is returned to me, it will be as good as new. Fingers crossed.

Okell

Johnnie_Walker said:

Samsung manager called me at1400 hrs today having been told in chat they would call 1600 hrs yesterday. By then I had already decided I just wanted my phone fixed so had arranged via Samsung support, to again take it to my local EE store. I think Samsung must have purchased EE or have a contract with them for repairs. So I am without my phone for a few days but hopefully, when it is returned to me, it will be as good as new. Fingers crossed.

Well now they will've had two attempts at repair you should have a pretty good chance of being able to reject it finally for a refund* if it breaks again.

But did you make it clear to them this time that you were exercising your statutory rights under the Consumer Rights Act 2015 (legislation.gov.uk)?


*Samsung could deduct from any refund an amount to reflect the use you have actually had of it

Johnnie_Walker

Hi all. Thanks to those who kindly offered me advice. It was all appreciated. In the end, I wanted a working device more than pro-rata, usage-based refund, as that would mean that I would be out of pocket if I wanted to purchase the same device, especially as it is more expensive now than what I paid for it when I pre-ordered. So I agreed to the second repair. Again they advised me to take it to my local EE store (apparently they are partners), and they sent it off to an EE centre (again) for repair. 4 days later it eventually was returned to me with some replaced components including a replaced main board. Hopefully that will be the last of the issues I have as I really like the device. For both repairs they told me the repair was guaranteed for 12 months but, as I still have 17 months left on my 2 year warranty, if anything else goes wrong in that time, I'll be on to Samsung again. 

Thanks all

JW

Alderbank

...and thanks for telling us the outcome. Also appreciated.