Faulty mobile phone

[noelphobic]

Cutting a long story short - I purchased a mobile phone in June of this year. It developed a fault and was sent for a repair under warranty in October. The repair failed and I requested a replacement or refund but was told a replacement would only be offered if a second repair failed.

It went in for a second repāir, which also failed. I requested a refund but was offered a refurbished phone - and would have had to send the original phone to the repair centre before the replacement was sent to me. I again requested a refund under the Consumer Rights Act. They have now offered me a new phone and have said this is their 'final offer's.

I am considering either a Section 75 claim or small claims court.

The phone was bought online from the manufacturer's website. They say they are acting under the terms of their warranty, which they say accord with UK legislation. I don't think they do.

I have now had the phone for more than 6 months but the fault was originally pointed out well within that timeframe.

As this is a known fault with this phone model I don't trust the product or the abysmal customer service I don't want the replacement but don't want to turn it down until I'm sure I can somehow get a refund.

Any thoughts/advice would really be appreciated.

[des8]

Re: Faulty mobile phone

Hi and welcome.

You mention a Sec 75 claim, so you purchased the phone using a credit card?

This will probably be easier than a county court claim.

You reported the fault after 30 days, but within the first 6 months and allowed the trader an attempt at repair.
You then requested a refund, which they refused contrary to CRA 2015(!) but had another attempt to repair.
This has faIled.
The time between reporting the fault and receiving the phone back is deducted from the 6 month time limit, so I suspect you are still within the six month window anyway you look at it !

Letter, signed for, detailing what has happened.
Tell them their warranty should be in addition to statutory rights, rights which they refused to recognise.
You require therefore a full refund.as per Consumer Rights Act 2015.
When they send the refund you will return the phone at their cost.
If they fail to refund within 14 days you will initiate court action without further notice.
Your claim will also include an amount for damages.

Or a sec 75 claim!!

[noelphobic]

Re: Faulty mobile phone

Thanks for your reply. I would love to take them to court. They have treated me very shabbily and I think it's their normal practice. Am I right in thinking that if I am successful with a Section 75 claim then I will only be refunded with the purchase price and can't claim any compensation on top? Do the credit card company then pursue the retailer or do they just take the loss themselves? It does seem that the retailer gets let off lightly in that case, and can go on breaking the law.

[des8]

Re: Faulty mobile phone

The Credit Card recoup from trader.

You might want to cane the retailer, but remember they will, if they defend it, probably instruct a solicitor so it won't actually impact on anyone.
Also bear in mind that you might find the whole process stressful. Most peeps do!

Compensation? what for/ the only damages you can claim are costs connected directly with the breach of contract: so phone calls, postage, etc
You won't receive nominal, aggravated or restitutionary damages, but only damages for "reliance loss" (or wasted expenditure)

[noelphobic]

Re: Faulty mobile phone

I did make a 40 mile round trip to the nearest DHL depot the first time the phone was sent for repair, to avoid having to take a day off work to wait in for a courier. However, I agree that court would be stressful. I did want to report them to Trading Standards but you have to go through CAB and I don't think they report all cases.