Problems with refund after purchasing dodgy mobile from O2

[FayUnhappy1538]

I purchased a mobile online from O2 in a hurry to replace my stolen mobile at end July 2013. I have had constant problems with dropped calls from the beginning. I took it back to my local O2 store where software was re-uploaded and my SIM card replaced. Since then I have brought it back to an O2 store a further two times. Following the return of the mobile each time, the dropped call problem continued. Whilst the mobile was a refurbished Samsung Galaxy Ace at the time of purchase, I was told upon enquiry that a mobile was deemed refurbished as previous customer returned it not liking te colour or the shape. I was told there were no problems with refurbished mobiles. I now know this not to be true!

It is frustrating as the callers are unable to talk to me due to the constant dropped called. I had initially asked for a refund and was told this would not be possible until an attempt to repair the mobile was completed. Post the 3rd visit to an O2 store, I have emailed a complaint to the O2 Complaint Review team on 27 September 2013. I have not had a reply despite an acknowledgement on 3rd October that I would be contacted within 7 working days. I had to telephone customer service who informed me that I had to ask for a refund within 28 days of purchasing the mobile. I feel O2 has used delaying tactics to ensure that the 28 days had expired so that I would not receive a refund. After a number of conversations, and finally being to speak to a 'manager', I was informed that as a goodwill gesture O2 would exchange my refurbished mobile for another one. I informed the manager that this was not acceptable after my experience with this refurbished mobile and explained that if I had more time to research a replacement, I would have purchased a new Samsung Galaxy Ace as it would only have cost me an additional ten pounds. I offered to pay the difference for a new mobile. O2 refused to accept this. O2 have redirected me back to the Complaints Team.

My questions are A) am I entitled in the first place for a refund of the mobile as it is not fit for purpose? I am unable to complete telephone conversations - even ones only lasting 1 to 2 minutes without the caller phoning in more than once. B) The Ombudsman informed me I have to wait 8 weeks after my complaint of 27th September 2013 before they can be involved, what else can I do in the meantime? C) What are the chances of success if I go to the Small Claims Court to obtain my money back as a last chance saloon?

Thank you very much for any advice or experiences from the Legal team and the Forum.

Yours (Unhappy)

Fay

[ostell]

Re: Problems with refund after purchasing dodgy mobile from O2

Remind the O2 shop about the Sale of goods Acts. You've already allowed them to repair and it failed. Remind them that their 28 day rule is at odds with the SOG an the SOG takes precedence. As the phone is not working be a bit more insistent about a refund.

[Hurricane Puffrose]

Re: Problems with refund after purchasing dodgy mobile from O2

when you bought the refurb, you have a manafacturers warrenty of 6 months and a return period of 28 days as per your advice.

When you speak to the complaints people, use phrases like very unsatisfied and very disappointed. (it helps).

Are you in contract? you mention you bought the handset as a replacement for a stolen phone.. it may be worth asking if they will allow you an early upgrade in lieu of a refund (sometimes it works out you get more )

[ostell]

Re: Problems with refund after purchasing dodgy mobile from O2

I believe the 28 days is a period given to return the phone if you don't like it, but someone will no doubt correct me. No matter whether it a refurbed or new phone the Sale of Goods acts are still applicable and cannot be over ridden. The phone is defective, the supplier has been allowed to repair and has not been successful. Goods not of merchantable quality is the first thing that springs to mind.