John Lewis: Brand new phone has a cracked screen: am I sunk?

born_again

dgerrard said:

Livid.

Bought a phone from John Lewis 4th Jan.

Wife pointed out last week that there's a hairline crack across the screen.  You can't see it unless you hold the phone at an angle to the light, but it's definitely there.

I work from home, have barely left the house in two weeks. Crack is so slight, could easily have been damaged in shipping & I hadn't seen it.  I've definitely not done anything with the phone other than take it from my dresser & put in my pocket.

Reached out online, online said call tech support. Tech support said, it's within return period, either send us photos for assessment, or take it in for immediate assessment & replacement.

Went into store today, talked to a rep, she essentially said, you've probably damaged it without realising, didn't buy accident insurance, nothing we can do. Said as I bought it online, need to go to the website, but likely just need to buy a new phone as they won't do anything.

So I've gone website, phone, store, now back to website. Massive waste of everyone's time.

The facts:

- I haven't dropped or damaged the phone. You can see there is no damage to the phone, apart from the split in the screen. But I know this is basically, my word, with no real way to prove it.
- They don't manufacture the phone, but they do sell it.
- I need a phone for my work. Luckily, I dragged my feet on sending my old phone back, so I can use that whole this gets resolved.

The person on the phone said as it's within the return period I could just return it, or at least that's how I understood him. But I'm nervous based on my poor experience thus far that I'll send them the phone, they'll have it for a month, decide "yeah he probably dropped it" and send it back to me as-is, with no replacement, and then I've wasted money on a phone that I believe was likely damaged before I even received it, as the crack is so faint.

It's a Motorola so not a top-of-the-line phone (thankfully!), but to have developed a crack between when they shipped to me and two weeks later, is shocking quality.

I bought it with an Amex Platinum Cashback card, which I believe has 90 day accident replacement (for a £50 fee).  Or I could claim against my insurance (and pay the deductible).  But I can't believe that even this close to purchase it's basically, my word against theirs and they've decided, I'm lying.

Any advice?  Or am I sunk, and should just pay?

Are you sure it's a crack & not a scratch?

sheramber

born_again said:

Grumpy_chap said:

You purchased a phone online and after three or four weeks noticed that there is a crack in the screen.
The crack was not noticed when you unpacked the phone and, presumably, would have inspected it carefully at that time.
Is that correct?

I can't see that this will be claimable as damaged on arrival.
I expect that any return would be refused (or reduced in value) on account of the cracked screen.
Any claim via the CC would also be similarly declined (though the insurance with the CC may cover the damage).

Which Moto phone is it?
What was the original price?

Given how slight you say the crack is, can you simply apply a screen protector and carry on using the phone?

What insurance?

I bought it with an Amex Platinum Cashback card, which I believe has 90 day accident replacement (for a £50 fee

Vectis

Phones come so well packaged these days in quality, solid feeling cardboard packaging, plus protective plastic wrapping inside, and sometimes even with a removable film on the screen that it's highly unlikely to have happened in transit. I'll admit I've never bought a Motorola phone, but I'd guess they're packaged similar to Apple, Samsung etc.

I think anyone would tell you that it's much more likely to have happened since you bought it, even though you're not aware it happened.

If you've got insurance because of the card you used to purchase it, then go down that route.

Failing that, carry on using it (as you would have done anyway if it hadn't been pointed out to you), or get the screen replaced. There's shops on the High Street who will do this in about 30 minutes or so.

Okell

@dgerrard -  either you put up with the phone, or you claim on your credit card insurance, or you go down the consumer rights route.

Leaving the insurance to one side for the moment, did you purchase the phone as a consumer or for business purposes?  If a business purchase you have no consumer rights so that route is a non-starter and you'll have to fall back on the card insurance (or you'll have to put up with the cracked screen).

A consumer is defined in s2(3) of the Consumer Rights Act 2015 (legislation.gov.uk) as:  "... an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession."  [My bold for emphasis].  Only you know if you satisfy that definition or not. 

If this was a consumer purchase then the legislation linked to above gives you certain protections.  For example, the phone should be of satisfactory quality (see s9) and generally free from faults and damage.  Any damage suffered before the phone was delivered into your physical possession is JL's responsibility, not yours (see s29).

What JL's customer services won't have told you is that if the 'phone manifests any fault within 6 months of you taking delivery of it, then the above consumer protection legislation deems that the fault was present when it was delivered to you - unless JL can establish otherwise.  (See s19(14) and (15) ).

If the screen is deemed to have been cracked when it was delivered to you, or if it cracked after delivery because it was not of satisfactory quality, and JL cannot, on the balance of probablity, show the contrary*, you are entitled to a free replacement or repair.

Try putting those points to JL.  If they won't accept that argument - and they probably won't - you'll have to consider whether it would be worth suing them through small claims.  A judge will then decide between you and JL as to whether the phone was "faulty" when it was delivered to you** and what remedy - if any - you are entitled to.

But all that is only if it's a consumer purchase.  

Otherwise either accept the cracked screen or use the card insurance.


*  The burden of proof is on JL here.  The standard of proof is balance of probability

**  By "faulty" in this context I mean either (1) already damaged when it was delivered to you or (2) of unsatisfactory quality causing it to crack after delivery without you causing the damage through careless handling or accident

born_again

sheramber said:

born_again said:

Grumpy_chap said:

You purchased a phone online and after three or four weeks noticed that there is a crack in the screen.
The crack was not noticed when you unpacked the phone and, presumably, would have inspected it carefully at that time.
Is that correct?

I can't see that this will be claimable as damaged on arrival.
I expect that any return would be refused (or reduced in value) on account of the cracked screen.
Any claim via the CC would also be similarly declined (though the insurance with the CC may cover the damage).

Which Moto phone is it?
What was the original price?

Given how slight you say the crack is, can you simply apply a screen protector and carry on using the phone?

What insurance?

I bought it with an Amex Platinum Cashback card, which I believe has 90 day accident replacement (for a £50 fee

https://www.americanexpress.com/content/dam/amex/uk/staticassets/text/ARCC_Purchases/AmericanExpressRewards3015VQT1Abridged.pdf