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liability for broken mobile phone screen

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  • liability for broken mobile phone screen

    I had to send a faulty phone back to Utilities Warehouse . This was the very cheapest basic Nokia and I had told them that I only wanted a phone for making and receiving calls. They insisted on sending me a loan phone and this was handed over when the courier collected the Nokia. I did not particularly want this but they said that that is their system. When I unpacked the loan phone I found that it was not the same model as the faulty one but a much more expensive smartphone. There was no instruction book with the phone and nothing in the accompanying letter to tell me how to deal with it. In trying to open the phone to put in the SIM card and the battery I initially succeeded in breaking a fingernail and then managed to crack the screen.

    Utilities Warehouse say that I must pay half the cost of repairing the phone. I think that they are being unreasonable as I did not ask for the phone and they should have sent one like the orignal Nokia and if that was not available they should have asked me if I wanted the smartphone - and then sent precise instructions as to how to open it (not obvious)

    Does anyone know how I stand legally on this issue?
    Tags: None

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