Please help - Vodaphone wont exchange

stugib

Vomityspice wrote: »

On 20 December 2007 ...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

Of course the SOGA does apply but a month on would almost certainly be considered to have accepted it so she couldn't demand a refund. Also, it is up to the retailer whether they repair or replace, so they've actually done everything they need to legally.

KeithP

You are absolutely right Stugib.

Under the SOGA, once the goods are deemed accepted, it is up to the retailer to decide whether to repair or replace the phone. Also in the first six months it is up to the retailer to prove that there is no fault with the phone (after six months the onus of proof is on the purchaser).

Vomityspice

I believe the shop IS wrong. I'll explain why;

The phone may have been accepted (contractually) but if the phone is not 'fit for purpose' then the Act states 'purchasers can request their money back within a reasonable time'. One month IS within a reasonable time.

As the shop has already tried to fob off the customer, it can't then say 'you've taken too long to complain'. Given that we've just had Xmas, this timescale would be considered.

Happy to look up some case law on LexisNexis if needed?

brandy23

It was purchased on 20th December - I went in yesterday but my daughter has already been in a week ago and been fobbed off - so it wouldn't have been a month since purchase if they ahd exchanged it on the first time of complaining.

brandy23

UPDATE - The external speaker has now completely gone so its not ringing any more at all

KeithP

Vomityspice wrote: »

I believe the shop IS wrong. I'll explain why;

The phone may have been accepted (contractually) but if the phone is not 'fit for purpose' then the Act states 'purchasers can request their money back within a reasonable time'. One month IS within a reasonable time.

As the shop has already tried to fob off the customer, it can't then say 'you've taken too long to complain'. Given that we've just had Xmas, this timescale would be considered.

Happy to look up some case law on LexisNexis if needed?

You might be right Vomit. Your reasoning sounds good.
BUT... (and its a big BUT)

If the OP manages to get his/her money refunded, that could be the end of it. The seller does not then have to sell a replacement, and I imagine its quite possible that the seller does not want to do further business with the OP.

It then gets tricky. No phone but a phone contract still exists doesn't it? Or does it? I don't know. The phone contract is with a network provider, who may not want the contract terminated. Tread carefully.

reehsetin

brandy23 wrote: »

It was purchased on 20th December - I went in yesterday but my daughter has already been in a week ago and been fobbed off - so it wouldn't have been a month since purchase if they ahd exchanged it on the first time of complaining.

add that into your letter, that your daughter had been in a week before because that would have brought you within the time scale of their own rules so even without soga theyre breaking their own policy by turning your daughter away
just make it clear she actively tried to resolved the problem very close to the time she received the handset

reehsetin

brandy23 wrote: »

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"

ggrrrr print out a copy of the sale of goods act and ask her to point to the section which states that,
muppet

Quentin

But as already posted - get the original purchaser to do the complaining!

brandy23

I have done - Her b/f adapted the letter above explaining that she went in a week prior and have sent them 1st class recorded today - will let you know when I hear anything.

Many thanks again all for your help

B xx