Really need help RE Brighthouse long post sorry

[Amethyst]

Re: Really need help RE Brighthouse long post sorry

In their brief terms about repairs they don't seem to say anythign about how they would fix in accordance with warranty/manafacturers recommendations.

[Amethyst]

Re: Really need help RE Brighthouse long post sorry

[MENTION=6]Amethyst[/MENTION] what do you think I should say when the claims handler calls me back today? I'm assuming that she might say they will repair it. However if rather attempt a replacement with a valid samsung warranty or for a full refund and I surrender the phone back to them. Are either of those things reasonable?
Also I found the below in the agreement, couldn't I argue on part 12)a) I and ii? Does a warranty count as product insurance cover? And they were negligent in the repair and in further communications since then?

I think they were negligent in the repair in not performing the repair in accordance with the manafacturers recommendations and thus voiding the warranty - but you want to be asking for their full terms on the 5 star cover you had and that the repair was done under. You're arguing their repair a) voided the warranty and b) caused the issue with the rear camera that they are refusing to fix - as it is a continuation of the problem they have already dealt with it should still be covered by your insurance policy.

As you can probably see better than I can on the scans - can you see if there is an end date to the repair/replace policy - does it actually say it ends on the date the last payment is made etc ?

[Roxyd]

Re: Really need help RE Brighthouse long post sorry

[MENTION=6]Amethyst[/MENTION] no I can see no end date for the repair/replace policy. I need to definitely ask them for their terms of the 5 star service. I'll try ringing the store and see if they can provide them.

[Kati]

Re: Really need help RE Brighthouse long post sorry

As you can probably see better than I can on the scans - can you see if there is an end date to the repair/replace policy - does it actually say it ends on the date the last payment is made etc ?

Para 7(a) says the words "for the duration of this agreement"

Even if their repair policy has ended because all payments have been made, the argument that they caused the issue with the camera due to a botched repair could be used (couldn't it)?

[Roxyd]

Re: Really need help RE Brighthouse long post sorry

[MENTION=6]Amethyst[/MENTION] they've stated there's nothing they can print out. That the terms are in the contract, the same one I've shared here. I see barely any information about it?

[Roxyd]

Re: Really need help RE Brighthouse long post sorry

Para 7(a) says the words "for the duration of this agreement"

Even if their repair policy has ended because all payments have been made, the argument that they caused the issue with the camera due to a botched repair could be used (couldn't it)?

Also [MENTION=49370]Kati[/MENTION] samsung informed me that they are an authorised repair centre IF they send it to samsung for repair which wouldnt have voided my warranty but they never. Someone in store yesterday informed me that if it's an apple phone they send it to Apple for repairs as to not void the warranty, so why didn't the same apply for my Samsung one? Could I not come from that angle too?

[Roxyd]

Re: Really need help RE Brighthouse long post sorry

Just to update you [MENTION=6]Amethyst[/MENTION] [MENTION=49370]Kati[/MENTION] they never rang me today, doubt they will ring over weekend as it's a weekend but they might call tomorrow. I've been trying to find someone who offers free legal advice in my area but I can't find anyone. Really don't want to back down, and want a full refund. Just not sure how to go about it. Wish I was a bit more savvy and knew what I was doing lol.

[Roxyd]

Re: Really need help RE Brighthouse long post sorry

Thought I'd update on what's happening, Brighthouse refused to deal with it anymore and sent a final response letter even after I had informed them of my rights under the Consumer Credit Act 2015, they said that it didn't apply to them! Haha! So it's been passed to financial ombudsman for them to make a decision and I have told them that I want to issue my final right to reject the goods as they are not of satisfactory quality and they have already had the opportunity to fix it and made it worse, so I request a refund.
Shall update you on how it goes but have been informed it can take months!

[des8]

Re: Really need help RE Brighthouse long post sorry

Come onto this thread late and just had a quick look through.

I doubt you can declare the phone unsatisfactory and rely on your final right to reject the item.
IMO you should be relying on Consumer Rights Act 2015 Chapter 4 Services (49) Services to be performed with reasonable care & skill .
Remedies for failure include (55) repeat performance & (56) price reduction
Other remedies include 54 (7) (a) damages

[Roxyd]

Re: Really need help RE Brighthouse long post sorry

Hi all,
So a little update and any advice appreciated. It has taken until today for the ombudsman to make his decision, and he has come back saying that he thinks brighthouse should repair the phone again, and pay £50 for the inconvenience. He does not believe they have to repair the camera, and he is sorry about the loss of warranty but brighthouse listed it as accidental damage and as such that wouldn't have been covered by warranty anyway and he doubts that as we had insurance we would have paid for the screen to be fixed anyway.
So now what? I definitely don't see his response as acceptable.
Thanks

[vb02]

Hi,
I'll apologise in advance for the length of this post but I really need advice. I'll include everything I can.
So my partner got an s7 edge from brighthouse, had 5 star cover on it 🖓, about a week before final payment the screen broke and it went off for repair with brighthouse as per their agreement states any repairs needed while it's still being played for have to be completed by them. Final payment was made, it came back checked it turned on etc.. then after about a week noticed rear camera wasn't working. Still had warranty under samsung, took to them and they were going to repair camera under warranty. Then looked at phone noticed screen is not stuck down and told warranty void they will not repair and screen has had a terrible repair job. Told me that brighthouse are a authorised repair company IF they send it to samsung service centre which they never they sent it to a third party one.
Called back my local brighthouse store and she laughed at me told me they were full of s**t and it still had samsung warranty, they aren't going to do anything as it's paid off.
Called back samsung, who I might add are lovely, and she said definitely not. She had even referred it to a manager to look into and nope warranty is void.
Lodged a complaint against brighthouse, took 3 days to call back. Claims handler said they won't repair as it's paid off. Argued the fact that the repair itself is covered by a 2 month warranty regardless of if I've paid off or not (I know someone who works in brighthouse who told me this). And not just that but they have void my warranty without telling me and as such I cannot have the camera repaired. She ignored that and went off to call service centre who said send it back again and we will have a look repair the screen and decide if the camera is our fault. Completely ignoring everything else. I said no. I have no warranty and I would be able to get the camera repaired by samsung if i still had warranty and your not saying you will repair the camera just the screen.
Called ombudsmen who said if it got passed to them they would say brighthouse need to give the warranty I would have had with Samsung from themselves and repair the screen and the camera.
Called brighthouse complaints back and she said we will repair the same fault as before nothing more as you've paid it off. Won't repair camera. Advised them what ombudsmen have told me, and that if this isn't resolved I fully intend to take them to court. It's gone back to the claims handler to make a decision again.

Now, what can I do here? I don't even want to accept another repair from them, I ideally want a replacement phone or to surrender the phone and have a refund of all money paid. Is this possible as I've paid it off? I'm stuck and don't know how to proceed. I will gladly file a court claim against them, however unsure of fees to do this? And will it work as I've paid it off?
Any help very much appreciated and I apologise again for the long post.

- - - Updated - - -
[MENTION=6]Amethyst[/MENTION] any chance you could advise on this? I'm so stressed!

Well I don't know about that brighthouse store, but here all explained about virgin mobile return policy, The process for returning the phone is also very simple, All you have to do is initiate the return process online.

[ostell]

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