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Complaint

Thomask
Thomask Posts: 557 Forumite
Hi guys

I had a brand new mobile purchased from MPC (phone wholesaler) by a gaming company for me. I have the proof of purchase.

Since recieving the phone I've had a mountain of problems (both structual e.g.: back becomes lose, speaker is crackly etc) and electical or software related e.g.: switches itself off, incorrectly gives memory full messages etc.

I made a complaint, via both mail and email, within the first week of owning the handset. I heard nothing back from this company. This was November 07. I then tried following this up over the phone and ended up speaking to 2 unhelpful staff members who failed to return my call on both occasions. Feeling annoyed I contacted the Operations Manager, Peter. Peter apologised and promised he'd look into this and contact me back straight away as he was aware the phone would have been entitled to an 'out of box' replacement at the time. I never heard from Peter and left an endless number of messages.

I'm getting sick of their games and have now begun a letter which I'll forward to the CEO (apparently he lives overseas).

Does anyone know how I'd obtain his contact details without asking the company? Is there an online database?

The main point of this thread is to determine what legal jargon I can include in the letter. There must be a clause relating to the sale of goods specifying the replacement of a faulty product if discovered early on?

My letter as stands: (and an open to changes / corrections!)

Dear XYZ

Please forgive me for writing to you personally as I felt there is no other option.

On XYZ date, Cecure Gaming, one of your major clients, purchased a mobile handset (Nokia N95 8 gig) for me to use.

On recieving the handset I experienced numerious 'out of box' issues.

These included:

1. Back of handset lose
2. Slider mechanism jamming
3. Buttons 'sticky' and staying pushed in
4. Crackly speaker
5. Charer plug falling out of handset
6. Phone switches itself off
7. Recieving errors stating the 'app is using too much memory' when trying to send a single text message. No apps are in use.
8. Does not save all numbers in 'call log' (even when number is shwn when call is incoming / being dialled / missed).
9. Once a contact is saved in the phonebook the name of the contact is not linked to the phone number that would otherwise appear as just a number in call log


Would you suggest sending the letter by email and post?

Is there a third party I can complain to regulating the sale of goods? I feel I've given these guys a fair chance!


Thanks

Comments

  • Thomask
    Thomask Posts: 557 Forumite
    Bump********
  • chocs_away
    chocs_away Posts: 8 Forumite
    Why don't you take it to a Nokia service centre, there is one in most cities or large towns. When push comes to shove they built it, not the man you are getting angry with.
  • Buzby
    Buzby Posts: 8,275 Forumite
    In situations like these, you're on a hiding to nothing. Although the phone is 'yours', you didn't pay for it - any SOGA rights exist with the person or company that did. Return it to them so sory out - and I'm assuming this is a PAYG not contract handset? (Different caveats apply). As for contacting the MD to his overseas address - this would be a pointless exercise, as the reason why they've gone abroad is to ignore complaints like yours! :)
  • Thomask
    Thomask Posts: 557 Forumite
    Thanks for your suggestions.

    The fact another company purchased it for me surely doesn't exclude me from basic consumer rights.

    The company is in the gambling industry and have nothing to do with handsets. MPC were the supplier of the phone therefore I feel they are responsible. Nokia would assist with a repair however this would remove the chance of an instant swap like I should have originally been offered.

    It's on a pay monthly plan (no time committments).
  • Thomask
    Thomask Posts: 557 Forumite
    Does anyone know what the basic consumer rights are?

    Perhaps you have a link to a website?
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