Shop is threatening to refuse refund on faulty refurbished phone

boboli

Hi all - I’d really appreciate some
advice.

I bought a refurbished IPhone 12 from an independent phone shop on our high street for £300, 2 weeks and 2 days ago. Unfortunately paid with a debit card (lesson learnt). 

There’s a 24 month repair or replace warranty on the phone which does not cover ‘physical/ liquid damage, accessories or internal battery’. It states repair will be attempted first or it will be replaced.

5 days after purchase I took it in unhappy as the mic was not working. The shop said they’d need to keep the phone to review it. We were going on holiday, I said we’d return 10 days later.

Yesterday, the phone screen went completely black and does not work. Messages vibrate but can’t see anything. The phone has had screen protector on and been in a case. On sight, it’s in pristine condition and has not been dropped etc.

The shop have stated that they need to look into the fault but were indicating that this sort of fault is usually damage as a result of being dropped and if this were the case upon inspection, no refund, repair or replacement would be offered as the screen is not covered. ‘We’d be welcome to seek a 3rd party opinion if this were the case’. They have the phone.

i think I’ve been foolish in leaving the phone as they could actually do anything to it. I was rushed and flustered unfortunately.

We get word back from the shop this morning. I’m aware of the Consumer Rights Act - I’m not looking to rip off a small business but i have genuinely looked after this phone which is clearly faulty and I would just like a refund and move on. I don’t want to risk a repair and go through this stress again.

Id really appreciate some advice on next steps?

Aylesbury_Duck

You can see it from their side.  You brought along a fault they were willing to investigate, you decided you'd take the phone on holiday instead.  It's come back from holiday with another fault that is typically a result of accidental or water damage.

They're entitled to inspect to see what the fault is and ascertain the most likely cause.  You're then entitled to have an independent inspection to see if it comes to a different conclusion if you don't like the conclusion they come to.

At this stage, you're not entitled to an automatic refund.  You should wait to see what they say.

elsien

You haven’t been foolishly the phone because they can’t inspect it if they haven’t got it. 

I think at the moment all you can do is wait to see what they offer you and get an alternative opinion if you need to. 

powerful_Rogue

boboli said:

Hi all - I’d really appreciate some
advice.

I bought a refurbished IPhone 12 from an independent phone shop on our high street for £300, 2 weeks and 2 days ago. Unfortunately paid with a debit card (lesson learnt). 

There’s a 24 month repair or replace warranty on the phone which does not cover ‘physical/ liquid damage, accessories or internal battery’. It states repair will be attempted first or it will be replaced.

5 days after purchase I took it in unhappy as the mic was not working. The shop said they’d need to keep the phone to review it. We were going on holiday, I said we’d return 10 days later.

Yesterday, the phone screen went completely black and does not work. Messages vibrate but can’t see anything. The phone has had screen protector on and been in a case. On sight, it’s in pristine condition and has not been dropped etc.

The shop have stated that they need to look into the fault but were indicating that this sort of fault is usually damage as a result of being dropped and if this were the case upon inspection, no refund, repair or replacement would be offered as the screen is not covered. ‘We’d be welcome to seek a 3rd party opinion if this were the case’. They have the phone.

i think I’ve been foolish in leaving the phone as they could actually do anything to it. I was rushed and flustered unfortunately.

We get word back from the shop this morning. I’m aware of the Consumer Rights Act - I’m not looking to rip off a small business but i have genuinely looked after this phone which is clearly faulty and I would just like a refund and move on. I don’t want to risk a repair and go through this stress again.

Id really appreciate some advice on next steps?

Just to pick up on the part in bold.

My wife and I both have phones in cases with screen protectors. We have both dropped phones numerous times over the years without causing any physical damage - the case takes the brunt leaving the phone in pristine condition still.

However a few months ago the wife dropped her phone and the screen went black, Could hear the sounds still, feel the vibrations and see nothing. The internals had become dislodged during the drop.

Not saying this is what has happened here, but a phone in pristine condition does not prove that it hasn't been dropped.

boboli

Thanks @powerful_Rogue, but I definitely have not dropped it. The phone was supposedly ‘grade A’ when purchased yet the day after turning it on, there was a fault with the mic. This is a genuine case of being sold a
faulty item. I have patiently tried to resolve it but I feel we’ve reached an impasse.

They managed to mend the screen. However, after 2 faults within 30 days, I’m not happy that I’ve purchased a grade A phone and asked for a refund. 

They have kept the phone for diagnostic testing and said they’d get back to me re whether a refund was due latest 10 days ago. Gave strong indication, no refund and potentially no replacement, just a repair. Nothing heard. 

I went into the shop a week ago, the girl remembered me but said the owner wasn’t there, she didn’t know where the phone was and had no update. I left my email address and asked them to send me the ‘diagnostic’ report. I’ve since heard nothing.

The bank have allowed me to start a chargeback process. Does anyone have experience of this process - it seems to run rather indefinitely if there’s a dispute. Failing this, is small claims my best option? Any advice appreciated.

born_again

 it seems to run rather indefinitely if there’s a dispute

No. chargebacks have very strict timescales.

Retailer has 45 days to contest the chargeback. If they contest there is then another 21 one days for your bank to contest that. Which is then adjudicated on by Visa/Mastercard. Can take a while. That is the end of the process.

Retailer could if they lost the case take you to court for the funds. But if you have proof of a faulty product, they could lose.

boboli

Thanks. the only proof I’ve got is my receipt, the manager’s handwritten note first, to say I’ve got a complaint and will return on xx date and on my 2nd visit, to confirm the phone is in the store possession.
Not sure this will be enough but if they won’t send me their ‘report’, I’m scratching my head as to what more I can do.