Mobile phone problems

[nannieali]

Son is having problems getting phone fixed. on contract with orange. phone screen stopped working. when took it to shop he got it from was told they would have to wangle details to get it fixed? Got it mended then three weeks later screen went again. took it back to shop said they cant fix it as no insurance. he could pay 30 for insurance to get it sorted. Surely you should have a years guarentee on items. the phone is not working yet you still have to pay the 35 quid a month.
Is there anything son can do????????
nannieali

[enaid]

Re: mbile phone problems

Not sure about the phone problem lol but looks like all else is ok, well done.
Enaid xx

[scarletrose]

Re: mbile phone problems

It dont sound right that they refusing to fix it seeings as tho its under a year old surely it should be covered by manufacturers warranty i personally would phone consumer direct and find out wot your rights are.

Ridiculous that he still has to pay the £35 pmth contract fee when he cant use the phone.

try them find out your rights

hugs xxxx
me

[enaid]

Re: mbile phone problems

OK looking at this
Mobile phones


Check it out and then see what we can do to help Enaid xx

[Niklowe]

Re: mbile phone problems

You must quote the sale of goods act to them. A mobile phone should last several years. Be firm with them, most of their staff will not know the sale of goods act. Ask to speak to their manager.

Sale of Goods Act - BERR

[nannieali]

Re: mbile phone problems

many thanks for info will tell son to give it a try.
nannieali

[Tools]

Re: Mobile phone problems

The main section to quote from the sale of goods act is that

It must be fit and proper to carry out the purpose for which it was designed.

Or words to that effect without looking , basically it is not carrying out the purpose it was designed to do . He could also try asking for the shop assistants name and then threatening to go to Orange cutomer services at head office and /or the phone manufacturers customer complaints to report Orange.

Any chance you could tell us the make and model of the phone Ali please?

[scarletrose]

Re: Mobile phone problems

Im sure she said it was an LG, but cant remember wot model LG it was i will find out more today. Thanx guys xxxxx

Scarlet

[scarletrose]

Re: Mobile phone problems

IT is an LG PRADA ...............

[Guest]

Re: Mobile phone problems

His statutory rights, under the Sale of Goods Act can be exercised against the retailer who sold him the phone. They cannot refuse to deal with him and he does not need any form of insurance. Any insurance, warranty, extended guarantees etc. are offered in addition to his statutory rights under the Sale of Goods Act.

It is a generally accepted principle that the seller of the item is responsible under the Act. However, he may choose to pursue LG directly and they may help, but then he may lose his Sale of Goods Act rights as he chose to pursue the matter under the manufacturer's warranty. It should be noted that rights under the Act depreciate over time and neither does it cover faults which are attributable to normal wear and tear or something that the consumer has done to the product. Usually consumers cannot have betterment either, i.e. a brand new replacement after a couple of years use of the old one.

Given that this product is less than a year old and has already been the subject of a failed repair, I would be inclined to demand either a brand new product or a full refund.

[nannieali]

Re: Mobile phone problems

i will pass this on thanks. fingers crossed he gets a result.
AL

[Niklowe]

Re: Mobile phone problems

Under the sale of good act, the retailer has the right to attempt a repair first. Failing that they would be obliged under the act to replace it or offer a suitable refund. (The refund is time related). In light of the age of this one, a refund would be in order.

Stick to your guns when dealing with them, as in my experience, the average retail employee has had none, or very little training, about the sale of goods act

[Guest]

Re: Mobile phone problems

Something has just occurred to me here. How old is the 'phone and when did the fault first arise?

The law says that if goods are sold then they must not be faulty. Unless that fault was brought to attention of the purchaser at the time the goods were bough, the purchaser is entitled to their money back or to exchange the goods for something else.

Under the Sale and Supply of Goods to Consumers Regulations 2002, any fault that arises during the first 6 months will be presumed to have existed at the time of delivery. It is therefore up to the seller to prove otherwise.

Consumers also have a right to request a repair or replacement of the goods, (although the seller can refuse if the cost of doing so would be disproportionate to the cost of any other remedy available to the buyer, or a repair or replacement is impossible). In those circumstances the buyer can ask the seller to reduce the purchase price by an appropriate amount or "rescind" (end) the contract and sue.