Mobile phone warranty claim at 15 months - Carphone Warehouse

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My Wife's LG Nexus 5x just died last night.

It's a common fault, arguably a manufacturing defect (to the point LG extended the warranty to 2 years in the US to avoid a class action lawsuit).

Luckily I bought it from Carphone Warehouse and not some fly-by-night ebay seller (unlike my own 5x but that's another story)

As we're in the EU (for now) we already have a 2 year warranty, but as it's over 1 year since purchase, can I insist CW deal with it or can they fob me off to LG (who's UK service I've heard horror stories about)?
3.6 kW PV in the Midlands - 9x Sharp 400W black panels - 6x facing SE and 3x facing SW, Solaredge Optimisers and Inverter. 400W Derril Water (one day). Octopus Flux
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  • cono1717
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    After the first 6 months the onus is on the consumer to prove the fault is a manufacturing defect, so you can ask CPW to replace it, but they are within their right to ask for proof. You will need to get an independent manufacturers report to verify this, if it is a manufacturing defect you will be compensated for the report.
  • Raxiel
    Raxiel Posts: 1,401 Forumite
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    cono1717 wrote: »
    After the first 6 months the onus is on the consumer to prove the fault is a manufacturing defect, so you can ask CPW to replace it, but they are within their right to ask for proof. You will need to get an independent manufacturers report to verify this, if it is a manufacturing defect you will be compensated for the report.

    Well, I took it in, and thankfully it didn't come to that.
    The lady at CPW just scanned the barcode on the box and told me "It's in warranty, I'll send it off for repair" and that was pretty much it. Apparently they've had a lot back and don't even bother trying to troubleshoot it in the store.

    We'll see how well the process goes in 10 days when it's due back.
    3.6 kW PV in the Midlands - 9x Sharp 400W black panels - 6x facing SE and 3x facing SW, Solaredge Optimisers and Inverter. 400W Derril Water (one day). Octopus Flux
  • powerful_Rogue
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    Raxiel wrote: »
    As we're in the EU (for now) we already have a 2 year warranty, but as it's over 1 year since purchase, can I insist CW deal with it or can they fob me off to LG (who's UK service I've heard horror stories about)?

    It's a myth.

    https://blog.moneysavingexpert.com/2010/12/13/the-eu-goods-must-last-a-minimum-two-years-rule-is-a-myth/
  • Raxiel
    Raxiel Posts: 1,401 Forumite
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    Well they just handed me a working phone 8 days later, not certain if its a refurb or a repair, but it doesn't make much difference.

    Quite impressed with the customer service, will definitely be considering them next time I'm looking for a new phone.
    3.6 kW PV in the Midlands - 9x Sharp 400W black panels - 6x facing SE and 3x facing SW, Solaredge Optimisers and Inverter. 400W Derril Water (one day). Octopus Flux
  • Mookah
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    I'm having a problem similar to this.
    I purchased an LG Nexus 5x from Carphone Warehouse on 25th October 2015.
    On Monday 27th November 2017 it went into the bootloop problem and is now unusable.

    I've contacted LG and after much faffing they are saying they won't repair, refund or replace as it is out of their 24 months warranty (by 1 month!). They recommended a company I could pay to fix it but when I spoke to them they were under the impression LG was repairing up to 27 months and I should speak to LG again. I spoke to LG again and they are still adamant they won't repair it, despite my pleading that it is soooo close to the 24 months and this isn't a wear and tear issue its a clearly documented fault with the handset. They then referred me to Carphone Warehouse who also said its out of warranty and they would charge me to fix it.

    I'm unsure where I stand or what to do next. I feel like a £300 phone should last more than 2 years. And that either LG or Carphone Warehouse have an obligation to repair or compensate me for the faulty handset they have sold me.

    Help!!!:(
  • JJ_Egan
    JJ_Egan Posts: 20,281 Forumite
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    Your rights are against the vendor .
    LG offered a limited warranty over and above your consumer rights .
    Its over 6 months so you need an independent report on the problem .

    See stickies top of the page .

    >
    When goods are faulty, if you return them within six months, then it's up to the shop to prove they weren't faulty when you bought them. After this, the burden of proof shifts and it's up to you to prove they were faulty when you bought them.
  • Mookah
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    Thanks JJ.

    Surely the lawsuits against LG about this issue with the 5X and other models they produced, is enough evidence?
  • LilElvis
    LilElvis Posts: 5,835 Forumite
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    Mookah wrote: »
    Thanks JJ.

    Surely the lawsuits against LG about this issue with the 5X and other models they produced, is enough evidence?

    No, that's evidence regarding other people's problems with their phones. CW may accept it or, as they are allowed, ask you to provide them with an independent report confirming that your phone has an inherent fault as opposed to you having dropped it/ got it wet etc etc
  • JJ_Egan
    JJ_Egan Posts: 20,281 Forumite
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    Mookah wrote: »
    Thanks JJ.

    Surely the lawsuits against LG about this issue with the 5X and other models they produced, is enough evidence?


    Well Bootloop is not a symptom of one problem it can be a number of mostly user problems .

    You can always try this supposed evidence with the vendor or pay for an independent report .
  • Raxiel
    Raxiel Posts: 1,401 Forumite
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    This is the reason LG 'voluntarily' increased their warranty to two years in the US, the class action lawsuit against them on the matter was dismissed, so legally it proves nothing.

    The thing about the Nexus phones is that (with the possible exception of the Nexus 6) they were flagship spec phones for mid range prices (And £300 is barely mid-range in the current market). They were good value at the time, but there were definite compromises. The boot loop issue - likely a poor solder joint under the SOC, exacerbated by Qualcomm's pretty poor and hot running SD808 and SD810 chips is a symptom of that.

    I don't like it either, my own 5x is 14 months old, but I bought it from a web retailer who sent me a Dutch grey import, so I don't hold out much hope of a successful warranty repair when it inevitably meets an early demise. No idea what I'd replace it with, Pixels are too expensive and none of the phones in the £300 bracket have cameras as good as the 5x
    3.6 kW PV in the Midlands - 9x Sharp 400W black panels - 6x facing SE and 3x facing SW, Solaredge Optimisers and Inverter. 400W Derril Water (one day). Octopus Flux
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