Carphone warehouse problem

[mwesty1]

Hi all, l have recently had a contract phone from carphone warehouse under orange. It has only been 5 months but had problems with my phone (HTC Desire). It was sent off 14 days ago and they rung today to say they are struggling to get the part needed. They have said it could be up to 6-8 weeks but wanted to make me an offer, a HTC desire brown with a black battery case which had been reconditioned! Surely if they cant get the part needed if l was to be offered a replacement phone it must be a new one?? I tried to locate my terms and conditions but cannot find it but lm not happy that my options are wait up to 8 weeks for mine to be repaired or get a 2nd hand phone. Does anyone know what my rights are please?

Mike

[labman]

Re: Carphone warehouse problem

This would be covered by The Sale of Goods Act. As you have had the phone for a number of months, I think you would be deemed to have 'accepted' the phone. This would mean you are not automatically entitled to a refund, but the shop must repair or replace the item.

The tricky bit here is that Carphone Warehouse have acted in accordance with legislation in trying to do this, but for reasons out of their control, they cannot do so within what one would normally consider a 'reasonable' period.

Personally I don't think it's reasonable to offer you a reconditioned phone as a replacement. Iwould be inclined to push for them to provide you with a phone, free of charge, to use in the meantime. Unfortunately for you, this may well mean you end up with a pretty basic phone for a while, but it would be better than none at all.

Have a read here;

Returning faulty items : Directgov - Government, citizens and rights

[mwesty1]

Re: Carphone warehouse problem

Ok mate but the fact my phone is White and they have offered me a brown one with a black battery cover reconditioned just doesnt seem fair. I have paid for my phone which is included in monthly contract so why should l accept a totally different colour phone. Which by the way sounds like 2 phones put together? That phone could be 2 years old where mine is only a few months

[mwesty1]

Re: Carphone warehouse problem

I will add to this that for the last 2 weeks the replacement phone l have had has no internet or camera and is a very basic phone. Should l complain if indeed l want to wait for 8 weeks?

[labman]

Re: Carphone warehouse problem

I did say I didn't think what they were offering was reasonable. You can certainly try complaining - it will do no harm.

if you do complain, I'm a great believer in starting at the top, so e-mail the CEO at:
taylorr@cpwplc.com

[mwesty1]

Re: Carphone warehouse problem

I do apologize mate l read wrong

[labman]

Re: Carphone warehouse problem

Not a problem - don't worry!

[mwesty1]

Re: Carphone warehouse problem

Ok then, l just spoke to the call centre repair team and been advised this.

They have no contract to offer me a replacement phone while this is being fixed, it is a curtiosy that l have been given a basic phone so the request of like for like has been refused.

Next they say they are well in there rights to offer me a refurbished phone and if they dont have my colour (which is white) they can offer me a brown one.

I can refuse this and if they cant repair they will send my broken phone back and that will be up to me to go to HTC direct.

Surely this cant be right?

[labman]

Re: Carphone warehouse problem

I don't believe they are right. I think your contract is with Carphone Warehouse. The goods they supplied should be expected to last for a reasonable length of time. This period varies depending on what you buy (a piece of chicken would not be expected to last for one year, but a car would!)

A mobile phone would be expected to last for more than 5 months, so Carphone Warehouse have a duty to you under the SOG Act. They should, in my opinion, repair, replace or refund. I would not accept less than this. If necessary get Trading Standards involved.

[charitynjw]

Re: Carphone warehouse problem

Could mwesty1 make a complaint to the OFT via UTCCRs 1999, citing an unfair term?

[labman]

Re: Carphone warehouse problem

Could mwesty1 make a complaint to the OFT via UTCCRs 1999, citing an unfair term?

Quite possibly, but the OC would need to be much more precise in terms of which part of the contract is unfair.

The UTCCRs 1999 are very clear though:

Unfair Terms5.—(1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.(3) Notwithstanding that a specific term or certain aspects of it in a contract has been individually negotiated, these Regulations shall apply to the rest of a contract if an overall assessment of it indicates that it is a pre-formulated standard contract.(4) It shall be for any seller or supplier who claims that a term was individually negotiated to show that it was.(5) Schedule 2 to these Regulations contains an indicative and non-exhaustive list of the terms which may be regarded as unfair.

and is very clear on the effect:

Effect of unfair term

8.—(1) An unfair term in a contract concluded with a consumer by a seller or supplier shall not be binding on the consumer.


We would need to see the T&C's first though. Could they be posted up?:beagle:

[charitynjw]

Re: Carphone warehouse problem

In post #1, states T & Cs can't be found.

Best I can do

http://selfhelp.carphonewarehouse.com/SelfHelp/request.do?view%28%29=c{5701eb10-b114-11df-6d8b-f20203001e3d}

[labman]

Re: Carphone warehouse problem

I can refuse this and if they cant repair they will send my broken phone back and that will be up to me to go to HTC direct.

Surely this cant be right?

If the terms Charity has posted up are correct, they state:

"The Repairs Services are offered in respect of all Equipment for which we accept your request to conduct the Repairs Services. Occasionally we may have to refer the Equipment to the relevant manufacturer or its nominated repair partner for specialist repair."

To me this reads quite clearly that the onus is on them. The phrase, "we may have to refer....." makes it pretty clear to me where the onus lies.

[mwesty1]

Re: Carphone warehouse problem

I have sent complaint email to one posted thank you labman

[mwesty1]

Re: Carphone warehouse problem

Thank you Labman, had a phone call this morning to say l would have a shiny new phone in 3-5 days and they apologize for the inconvienence

Mike