Carphone Warehouse and faulty phone
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gillybean129
Posts: 165 Forumite
I bought my daughter a Google phone, outright on a credit card for around £320, this has a 2 year guarantee.
A few days after purchase it developed a fault with the speaker and was with another handset.
At 14 months old it had an issue where it turned itself off, kept rebooting, so it was taken back to the original branch for repair. around 5 /6 weeks later it was returned, I later found out it had sat in their branch for 3 weeks before the sent it off.
The same fault developed again around Easter time, again it went back for a further repair, taking around 4 weeks.
This is really annoying, taking it in and as anyone knows students need their devices so it's the inconvenience as well.
So last week the same fault developed, this will be the third time, I processed through resolver website and they are again asking to repair it, when I have asked for a replacement as I don't think it's fit for purpose.
What I want to know is where we stand with this:
1. Having bought on a credit card does it make a difference
2. The 2 year EU guarantee replacement law.
Feel like throwing the damn thing in the bin at this stage!
A few days after purchase it developed a fault with the speaker and was with another handset.
At 14 months old it had an issue where it turned itself off, kept rebooting, so it was taken back to the original branch for repair. around 5 /6 weeks later it was returned, I later found out it had sat in their branch for 3 weeks before the sent it off.
The same fault developed again around Easter time, again it went back for a further repair, taking around 4 weeks.
This is really annoying, taking it in and as anyone knows students need their devices so it's the inconvenience as well.
So last week the same fault developed, this will be the third time, I processed through resolver website and they are again asking to repair it, when I have asked for a replacement as I don't think it's fit for purpose.
What I want to know is where we stand with this:
1. Having bought on a credit card does it make a difference
2. The 2 year EU guarantee replacement law.
Feel like throwing the damn thing in the bin at this stage!
0
Comments
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gillybean129 wrote: »I bought my daughter a Google phone, outright on a credit card for around £320, this has a 2 year guarantee.
A few days after purchase it developed a fault with the speaker and was with another handset.
At 14 months old it had an issue where it turned itself off, kept rebooting, so it was taken back to the original branch for repair. around 5 /6 weeks later it was returned, I later found out it had sat in their branch for 3 weeks before the sent it off.
The same fault developed again around Easter time, again it went back for a further repair, taking around 4 weeks.
This is really annoying, taking it in and as anyone knows students need their devices so it's the inconvenience as well.
So last week the same fault developed, this will be the third time, I processed through resolver website and they are again asking to repair it, when I have asked for a replacement as I don't think it's fit for purpose.
What I want to know is where we stand with this:
1. Having bought on a credit card does it make a difference
2. The 2 year EU guarantee replacement law.
Feel like throwing the damn thing in the bin at this stage!
1. Yes, the credit card provider is just as liable as the retailer on purchases over £100. >>> http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases
2. There is no such thing as the "2 year EU guarantee". Its a myth. We have protection in the UK for upto 6 years, however there's more to it then just that.
>>> http://blog.moneysavingexpert.com/2010/12/13/the-eu-goods-must-last-a-minimum-two-years-rule-is-a-myth/
You should be looking at the Consumer Rights Act 2015.Repair or replace
If you are outside the 30-day right to reject, you have to give the retailer one opportunity to repair or replace any goods or digital content which are of unsatisfactory quality, unfit for purpose or not as described.
You can state your preference, but the retailer can normally choose whichever would be cheapest or easier for it to do.
If the attempt at a repair or replacement is unsuccessful, you can then claim a refund or a price reduction if you wish to keep the product.
You're entitled to a full or partial refund instead of a repair or replacement if any of the following are true:- the cost of the repair or replacement is disproportionate to the value of the goods or digital content
- a repair or replacement is impossible
- a repair or replacement would cause you significant inconvenience
- the repair would take an unreasonably long amount of time.
If you don't want a refund and still want your product repaired or replaced, you have the right to request that the retailer makes further attempts at a repair or replacement.
Use our step-by-step guide if you want to ask a retailer to repair or replace something you've bought that subsequently develops a fault.
http://www.which.co.uk/consumer-rights/regulation/consumer-rights-act#repair-or-replace0 -
Wow! Thank you powerful_Rogue..
This was their last response..
I appreciate this may not be the answer you were looking for, however, it complies with The Carphone Warehouse Repairs policies and procedures, the Consumer Rights Act and the manufacturer's warranty.
I will read your links above and decide on the appropriate response when I am a bit more clued up!0 -
Yes that what happens with most retailers that have repair agreements. They wont just send 1 item away for repair, they will wait until then have a few and send them off in 1 gogillybean129 wrote: »I later found out it had sat in their branch for 3 weeks before the sent it off.0 -
gillybean129 wrote: »Wow! Thank you powerful_Rogue..
This was their last response..
I appreciate this may not be the answer you were looking for, however, it complies with The Carphone Warehouse Repairs policies and procedures, the Consumer Rights Act and the manufacturer's warranty.
I will read your links above and decide on the appropriate response when I am a bit more clued up!
The Carphone Warehouse Repirs policies are irrelevant to you, so is the manufacturers warranty - So don't let them fob you off with these two.
It's the Consumer Rights Act which is the important one. I'm sure someone will be along soon and will be able to point you to the specific section for you to quote.
Just a couple of quick questions
1) What date did you buy the mobile?
2) When was the first repair?0 -
Hi again
Purchased in November 2015
Replaced Handset during 1st two weeks then
Repair 1 December 2016
Repair 2 May 2017
Does this have a bearing on anything?
Re the credit card, I purchased it and I am the secondary cardholder which I believe is a grey area.0 -
gillybean129 wrote: »Re the credit card, I purchased it and I am the secondary cardholder which I believe is a grey area.
No, it's not a grey area.
Unless the card account holder received benefit from the purchase, section 75 of the Consumer Credit Act will not help you.0 -
gillybean129 wrote: »Hi again
Purchased in November 2015
Replaced Handset during 1st two weeks then
Repair 1 December 2016
Repair 2 May 2017
Does this have a bearing on anything?
Re the credit card, I purchased it and I am the secondary cardholder which I believe is a grey area.
Nope, all looks good for you to reject under the Consumer Rights Act. Might take a "Letter Before Action" to the head office to get something done though.0 -
As an initial response on Resolver I am thinking of replying with this:
Thank you for your response, you are correct that it is not the response I would have liked from you.
I know from past experience that a repair would cause further unwanted inconvenience.
You have already replaced the handset and this has been repaired on two occasions, so I reject your offer of a third repair.
I re-iterate that a replacement is required (new not a refurbished model as this could potentially have further problems) I understand that this is reasonable under the Consumer rights act 2015.
Am I on the right lines?0 -
i have added the bit you need too addgillybean129 wrote: »As an initial response on Resolver I am thinking of replying with this:
Thank you for your response, you are correct that it is not the response I would have liked from you.
I know from past experience that a repair would cause further unwanted inconvenience.
You have already replaced the handset and this has been repaired on two occasions, so I reject the phone under the Consumer Rights Act.
I re-iterate that a replacement is required (new not a refurbished model as this could potentially have further problems) I understand that this is reasonable under the Consumer rights act 2015.
Am I on the right lines?0 -
gillybean129 wrote: »As an initial response on Resolver I am thinking of replying with this:
Thank you for your response, you are correct that it is not the response I would have liked from you.
I know from past experience that a repair would cause further unwanted inconvenience.
You have already replaced the handset and this has been repaired on two occasions, so I reject your offer of a third repair.
I re-iterate that a replacement is required (new not a refurbished model as this could potentially have further problems) I understand that this is reasonable under the Consumer rights act 2015.
Am I on the right lines?
I would forget resolver, go straight to head office with a Letter Before Action.
In the link of the second post, it will automatically create a letter for you, you just enter the details. Fill it out and post the response on here (minus the personal details)0
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