Carphone Warehouse not abiding by Consumer Rights Act

plewis00 · 24 May 2018 at 9:13AM

I've been a member here a while but mostly a reader and just wanted some advice and/or support on this please.

I bought an iPhone X sim-free from Carphone on 3/11/17 (launch). It has been a pain since I've had it, mostly touchscreen issues, Face ID quality, freezing or not responding to the power button, getting stuck in the wrong orientation (with the home button offscreen) and respringing a few times a week, usually during something important.

Reported to CPW in April 2018 (within 6 months) and took in for repair as I have to. I warned them they need to fix it. Got it back 3 weeks later with them having done a software update (!) claiming the 'OS was corrupt' and the issues still persist, the only reason a SW update was available was because 11.3 came out while they were doing nothing and I had restored it with iTunes before giving it to them so I know it wasn't corrupt - not that 'being corrupt' is a thing anyway and it doesn't wash.

Told them this, they said they are allow 2 more repairs and I said, no, Consumer Rights Act 2015 states you get one repair unless I agree to more (which I don't) and I'm rejecting it as not fit for purpose. They then claimed it had been over 6 months, which it was by now because they had it for so long but the faults/issues were documented and reported within 5 months.

Didn't get far on the phone (though they did offer a brand new replacement when I threatened them with legal) or in-store so I filed in the Small Claims Court and recently heard back saying they intend to dispute all of the claim. Surely they have no defence? Their T&Cs are not valid anyway because they violate CRA but I suspect like many companies they try their luck. I was actually expecting a without prejudice offer to 'go away' because I am 99.9% sure in front of a judge, this is pretty open and shut. The phone has been in my desk drawer since and I'm using an iPhone 7 which has been great other than pants battery, no silly issues like the X - which feels like a buggy beta prototype. I have a path of recourse with AMEX who I paid with but I don't really want to drag them in as they've been good to me and also they don't consider a CRA violation as grounds for chargeback.

Any ideas? I will obviously let it play out but didn't expect them to fight back. Or do we think this is just delaying tactics.

pmduk · 24 May 2018 at 10:40AM

The entire mobile industry works on the assumption that their procedures trump legislation. I suspect CPW will make a court room door offer to prevent the case going ahead. Almost 10 years ago a trading standards officer took them on court on a personal matter and wrote a Guardian article on the case. NB I've linked to the article for background info only, the law has changed since, so don't rely on anything contained therein.

glentoran99 · 24 May 2018 at 10:44AM

its still in warranty, take it to apple genius bar and they will give you a new one, job done

plewis00 · 24 May 2018 at 1:26PM

pmduk wrote: »

The entire mobile industry works on the assumption that their procedures trump legislation. I suspect CPW will make a court room door offer to prevent the case going ahead. Almost 10 years ago a trading standards officer took them on court on a personal matter and wrote. NB I've linked to the article for background info only, the law has changed since, so don't rely on anything contained therein.

Thanks - I will read that. I’m just surprised they are trying to defend it at all, but I think they will try and sort it beforehand. Absolute joke handling though.

glentoran99 · 24 May 2018 at 1:29PM

If you are just making a stand then go for it, If its a simple resolution why not go to apple?

plewis00 · 24 May 2018 at 1:33PM

glentoran99 wrote: »

its still in warranty, take it to apple genius bar and they will give you a new one, job done

I don’t want a replacement any more, CPW offered me that after I refused the second repair and said I would go legal. Also Apple will give me a refurb. I paid £1149 for this buggy beta handset and want CPW to be held accountable for their actions, they sold me the handset, the responsibility is with them. I believe the phone is inherently not stable and if you see many of the long-term reviews there are lots of complaints; not the simple reviews where everyone is gushing about it because they didn’t pay their own money for it and only have to put up with it for a few days.

I will probably just get an 8 Plus or keep what I have. Much more reliable.

LittleJo · 24 May 2018 at 4:28PM

Hi
Make sure that claim is set out correcttly, law you depend on, dates and amount.claimed
You have of course offered mediation.
Even if it does go to court be assured that District judge will make sure that you as a litigant in
person get a fair hearing/
Jo

Katapolt · 24 May 2018 at 4:45PM

sorry to sound stupid, but what exactly is the issue? You were offered a new handset, you have a few options to obtain a new handset, but have chosen not to.

It isnt CPW fault that you decided to buy a phone that hadnt been out long enough for faults and flaws to be made public, and apple phones dont exactly have a reputation for working perfectly when first launched.

personally, i dont see why youre taking it to court. they offered out a new phone (as you stated is your right under consumer law) but you rejected that.

plewis00 · 24 May 2018 at 6:18PM

Katapolt wrote: »

sorry to sound stupid, but what exactly is the issue? You were offered a new handset, you have a few options to obtain a new handset, but have chosen not to.

It isnt CPW fault that you decided to buy a phone that hadnt been out long enough for faults and flaws to be made public, and apple phones dont exactly have a reputation for working perfectly when first launched.

personally, i dont see why youre taking it to court. they offered out a new phone (as you stated is your right under consumer law) but you rejected that.

I am taking it to court because they are blatantly refusing to abide by the Consumer Rights Act. Whether you think it’s their fault or not doesn’t matter, the retailer is liable (not the manufacturer) and I asked for a refund after they failed to repair it, I would have accepted the replacement had they offered it in the first instance - this is still within CRA. Should I choose to buy another iPhone X (which I probably won’t) it will be from Apple direct or John Lewis, both of which actually have good customer service. CPW are just seeing how far they can take this - so it’s a bit of principle, a bit of getting what’s right and not backing down to get the result needed.

CPW also rescinded their offer of a new phone after the initial argument and suggestion of legal proceedings actually going ahead. They also didn’t return my call when I first mentioned it. The whole company is a joke and it’s very clearly sales-driven not customer oriented at all.

Buzby · 26 May 2018 at 1:21PM

You’re on shaky ground. If the phone does not have the same software when you bought it, it is not the same product. You said they updated it. The phone does this itself anyway - mine updates within a day of release. There is no recall on the X, I’ve had mine since launch and it has been fine - but I’d never let DSG anywhere near it, Apple only. I’d try to get this resolved as the court route will be fraught with issues.

plewis00 · 27 May 2018 at 12:59AM

Buzby wrote: »

You’re on shaky ground. If the phone does not have the same software when you bought it, it is not the same product. You said they updated it. The phone does this itself anyway - mine updates within a day of release. There is no recall on the X, I’ve had mine since launch and it has been fine - but I’d never let DSG anywhere near it, Apple only. I’d try to get this resolved as the court route will be fraught with issues.

I'll bear that in mind but it's kind of gone too far now so I have to see it through. To be honest, Apple's updates are a bit of a joke, the amount of times they've done an update, everyone has rushed for it and something has gone wrong is quite shocking - not that other brands are better but I usually make sure everyone is happy before updating. Honestly though, you are one of the only other people I've spoken to who likes the X, most people have grown to hate it over time.

I had to let DSG near my phone under CRA otherwise I wouldn't have a case. And to be honest, if they had done something, anything other than update the software and it worked, I'd have been ok with that. Better than a £1200 phone stuck in a drawer.

Carphone Warehouse not abiding by Consumer Rights Act

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