Claiming Costs for Wasted Time

[josswallace]

I have recently had a protracted argument with Laptops Direct over the purchase of a refurbished mobile phone. In summary the phone did not perform the functions it was supposed to and so I returned it as faulty but Laptops Direct refused to even discuss the non working of the phone as they climed I had damaged the rear case of the phone and they insisted in returning it to me. I pointed out to Laptops Direct that a cosmetic fault in the rear case, which at no time did I accept responsibility for, was no reason for them to not comply with the Sale of Goods Act and that I was only accepting the phone back under duress. It then took a further two months of my time, initially with Samsung the maker of the phone and ID Mobile my network provider to identify that it was a fault in the firmware on the phone that was causing the malfunction and this firmware issue was a result of the fact that the phone had been originally supplied to Orange France wih special "Orange Firmware". I eventually got confirmation of the firmware issue from Laptops Direct who still refused to even discuss the issue of the firmware issue having not been disclosed in the sales order details. I then had to spend further time with Trading Standards/Citizens Advice Bureau to confirm that I did indeed have a case aginst Laptops Direct for breaching the Sale of Goods Act and having received this information from Trading Standard I approached Amazon Pay who Laptops Direct had used to take my money in the first place. Amazon Pay swiftly authorised a full repayment.

I have literally spent hours on chat sessions and emails and want to know whether I can claim any money for this time spent, as it was spent as a direct consequence of Laptops Direct contavention of the Sale of Goods Act, before I return the phone to them. Clearly once I return the phone I will have no hope of any compensation.

Any views on this situation and specifically any help with proposed action would be very much appreciated.

[ostell]

If you are are a consumer you should be using the consumer rights Act which supercedes much of the Sale of Goods

No you can't claim for the wasted time.

[josswallace]

If you are are a consumer you should be using the consumer rights Act which supercedes much of the Sale of Goods

No you can't claim for the wasted time.

OK fine but I am not prepared to return the phone unless Laptops Direct agree to agree to inspect the phone on pick up. This they have refused to do and are threatening me with court action if I do not agree to package the phone up for their courier. In my view this just leaves me open for them to find something elase wrong and want retribution.

Am I within my rights to insist on inspection at point of pick up to signify ownership at that point

[paulajayne]

OK fine but I am not prepared to return the phone unless Laptops Direct agree to agree to inspect the phone on pick up. This they have refused to do and are threatening me with court action if I do not agree to package the phone up for their courier. In my view this just leaves me open for them to find something elase wrong and want retribution.

Am I within my rights to insist on inspection at point of pick up to signify ownership at that point

Whom will inspect it? As the courier will not be qualified.

[MIKE770]

Your on a looser there be practical

[ostell]

So many photos including the day's newspaper?

[des8]

Tell them it is their responsibility to collect the phone or pay for costs of returning it.
Accordingly the phone will be handed to the courier without packaging unless they provide you with suitable materials.
As they are responsible for collection it is at their liability.
Take pictures of the item before and after packaging