Rubbish LCD screens - what will CPW do?

Phirefly

Inspired by this thread I am going to try and get CPW to repair my phone FOC.

Heres the letter:

Dear Sir/Madam
On the 30th April 2008 I upgraded to a Nokia 6500 with Carphone Warehouse on an 18 month pay monthly contract with O2.

I was surprised to find that through normal use without any misuse, damage or incident, the lcd screen has developed a fault whereby it appears cracked with a bleed across. I had placed the phone in my handbag along with my gloves and leather wallet, put it on the side and forgot about it. The following morning, the 'crack' had become evident. I visited my local store (Loughborough) to request a repair and was told that to repair the screen would cost me £45.

On undertaking some further research on the Internet, it has become evident to me that this is not an isolated complaint. Others have reported that despite only being subject to normal everyday use, lcd screens on this and similar models appear to have become cracked beneath the surface and developed this bleed.

I conclude that the product simply isn’t fit for the purpose for which it is intended. A mobile phone should by its very nature withstand being carried in a handbag or pocket without developing such a defect.

Prior to this handset I used a Nokia 6680 for approximately 3 years. This phone was used, carried and stored in precisely the same manner as my new 6500 and yet has no damage or faults and works to this day.

While I cannot prove that I have not damaged my phone and that this is indeed an inherent fault, I would refer to the Dti’s Traders’ Guide to the Law Relating to the Supply of Goods and Services 2004 which states:

Generally, the buyer needs to demonstrate the goods were faulty at the time of sale. This is so if he chooses to request an immediate refund or compensation (damages).
There is one exception. This is when the buyer is a consumer and returns the goods in the first six months from the date of the sale, and requests a repair or replacement or, thereafter, a partial or full refund. In that case, the consumer does not have to prove the goods were faulty at the time of the sale. It is assumed that they were. If the retailer does not agree, it is for him to prove that the goods were satisfactory at the time of sale.

With this in mind, on this occasion, I simply request that my phone be repaired or replaced free of charge. I have been a customer of Carphone Warehouse for many years and have come to expect good service. I request that I receive a reply to this letter within 3 days advising me how to proceed with my free of charge replacement/repair.

I'll let you know how I get on.