Please help - Vodaphone wont exchange

brandy23

My daughter was given a gift for xmas of a mobile phone (bought on contract by her boyfriend - who is paying the bill for her christmas pressie)

She has had it a month - and already the speakers have gone - it keeps crashing out and the display that tells her who is calling is not working.

Took it back to excahnge and they tell me that there policy is to send off to reapir. I refused this and asked that they give her a new one.

The refused and told me that they arn't covered by the "sale of goods acts" and that means they dont have to exchange cos its not "fit for the purpose"

Please can anyone help... its a Sony Ericson w910I

Please... I need help -

Vomityspice

So as not to confuse you will legal jargon (I will a bit later!) the suggestion that they are you are not covered under the SOGA 1979 is complete and utter rubbish!:mad: ....unless it was a business purchase?

The muppet who told you that is either an idiot or deliberately trying to avoid their liability! Talk to the manager not the sales boy!

To resolve the matter, and remember your contract is with the retailer, not Sony/Eriksson, is to write a short letter to them advising them you will sue (via small claims) if the phone is not replaced (you can get the contract terminated if you want as well as it has been breached). It doesn't matter what their shop policy is, the law gives consumers rights. Give 14 days notice before court action. The SOGA 1979 gives you 'additional' protection, irrespective of any other legal rights or remedies.

Have a look at:

http://www.bbc.co.uk/consumer/guides_to/law_goods.shtml

Most shops will back down immediately as they know very well what the law says, if they fob you off (unlikely), make a claim and remember to claim for the whole cost of the contract as the breach is enough to void it.
You can do it all from the comfort of the internet via;
https://www.moneyclaim.gov.uk
It's really is that easy.

Quentin

If its over a month old they can offer a repair.

(The SOGA applies to the original purchaser, unless he formally transferred his rights when gifting your daughter the phone, which is rarely done - so it is the boyfriend who ought to take up the battle)

brandy23

Why are the shop telling me that for mobile phones the sale of goods act does not apply ?

Anyone know. ?

Also - it was purchased on 20th December
She called in and was fobbed off last week - does that make any difference to the time ? - It is a month today

Quentin

They will be just trying it on.

As mentioned, it is strictly the purchaser who should be complaining about this.

Vomityspice

As Quentin said, they are just mugging you off. Unless thephone was bought by a business, it would be classed as a consumer purchase and therefore come under SOGA 1979.

The muppet you spoke to has never read the SOGA so is talking out of his derrière.

The time factor in this case is irrelivant. If the shop wants to dispute its position in court then let them. No district judge will take more than 10 seconds to throw them out! If the shop doesn't know this, it's good the courts do!

As per my previous advice, write a letter, give them notice of your intention to make a claim, then if they don't replace your phone IMMEDIATELY, submit the paperwork. You have got such a clear cut case.

The shop also knows that most people just don't bother!

brandy23

Thank you soooo much both for your help.

TBH the decending cow in the shop nearly had me in tears with her...... "Actually WE are not covered by this act cos we are a mobile phone shop MADAM"

Anyway - I will write to them this week and let you know how I get on.

Are there any sample letters anywhere I can adapt?

Shall I post it (recorded) or take it in by hand ?

Thanks again

B xx

alnsv1000s

The faults that you mention is a software fault with this phone.

Swapping it for another one unless the new one has the latest software will go the same way.

I have spoken with SonyEricsson about this problem and they say it is the first they have heard of it, which is a lie as a quick google search will bring up loads of complaints with the W910i.

I now debrand the phone with latest unbranded SE software and my customers all have working W910i's.

PS: The lady in the Voda store obviously doesn't have any customer service skills and toes the company fob off line.

Complain to Ofcom as the networks and thier shops are under the regulators remit.

brandy23

Some of the faults seem like software - but I think the speakers are gone in it - you should hear the tinny, rattlie, buzzie rington etc..

Would that be hardward or software ?

Thanks for your help -

B

Vomityspice

If doesn't matter if the fault is software or hardware. It's not YOUR problem. Below is a sample letter.

The Manager
Company name
Company address

Dear Sir,

REF: Faulty w910i Mobile Phone.

On 20 December 2007, I bought a Mobile phone (w910i) from your XXXXX branch. Shortly, after I bought it, the mobile phone developed some problems and is now defective, as the speaker works intermittently and the screen isn't functioning correctly.

On complaining to the sales assistent XXX, I was told that I had to return goods within a month, and that it was now the manufacturer's problem. Indeed, I was told that the Sale of Goods Act did not apply.

The Sale of Goods Act 1979 (as amended) requires you to supply goods of a satisfactory quality. I must be given a reasonable length of time to examine the goods before accepting them. This means that the faults indicate on the w910i show that the mobile phone is not satisfactory. Further, as I bought the goods from you, my contract is with you, not with the manufacturer. Therefore, I am notifying you that I am rejecting the goods on the basis of your breach of contract, and request a full refund of my money within 14 days of the date of this letter.

If I do not receive a new replacement within the time specified I will initiate proceedings via the small claims process

Yours faithfully


xxxxx


That should do it!

brandy23

Ooo thats good !

Thanks 0 will print that out now and post it tomorrow

Will report back when I hear anything

Thanks again all

B xx