Carphone Warehouse issue - advice please?!

taraw87

Hi guys,

just need some advice on a particular issue, here's the story:

Basically I bought my boyfriend a phone from carphone warehouse for christmas last year. Samsung U600 on meteor for 249euro. Since day 1 it started giving trouble (vibrating while he was on the phone of all things!) so in January we brought it back. Carphone Warehouse said that it was their policy to have the phone sent back for repair 3 times before they would replace it. Personally, I think that's rubbish because if something is faulty you should be entitled to by law a full refund, repair or a replacement. But anyway we had it sent back because 1. you don't really think it will have to be sent back 3 times and 2. he liked the phone so, you know, he wanted it fixed.

So it came back anyway (3 weeks later I might add) and it was fine for a while and then one day, the screen went. I believe the problem was the flex cable between the two parts of the phone went which is quite common in those phones. It was sent off for repair, screen replaced, flex cable replaced, came back (another 3 weeks later) and guess what? The first phone call he made it started vibrating again. So basically straight away it was sent off for repair again.

It came back anyway, fine for a while again, then it starts turning itself off, freezing, that kind of thing so we brought it back today.

Problems I had today were basically
1. a fuss was kicked up when we did want a replacement
2. they didn't have the U600's in stock, which was fine anyway because after all that trouble he wanted a different phone. Only given the choice between 2 Nokia phones. One was the Nokia 5310 which he went for.

The problem I have is (I just want to make sure before I question and go about this further) that the phone he got today cost 159, and we paid 249 for the original samsung. Difference of 90euro. Carphone warehouse were not prepared to make up this difference as now the value of the samsung is only 89euro.

I completely understand that it wasn't going to be the same price, and after six months there is a depreciated cost, but surely, when 249 was paid for the phone, that value should be refunded as:
1. the phone was faulty from day 1.
2. the sales rep kept making the point that the phone was 9 months old. the reason it has gotten to be nine months old is because their so called policy requires it to be sent back three times. And it was gone for 3 weeks at a time. So surely this should be taken into consideration?

Long post I know, but any thoughts, or advice? I'd be really grateful

drunkmonkey

taraw87 wrote: »

the sales rep kept making the point that the phone was 9 months old. the reason it has gotten to be nine months old is because their so called policy requires it to be sent back three times. And it was gone for 3 weeks at a time. So surely this should be taken into consideration?

You could have returned the phone within the first 14 days for a repacement or refund if it was faulty. (this is the bit where you slipped up). If it's faulty when you first use it take it back straight away. Don't hesitate!!

3 weeks to get your phone back from repair each time is very poor service. I've never sent a phone for repair that took that long.....I'd be buying my next phone somewhere else, that's shocking service....

I don't agree you should be entitled to a €249 phone at this stage as it's dragged on 2 long, The phone has been repaired twice which took 6 weeks? To the untrained eye that means the phone was working for 7 1/2 months out of the 9... They are offering a like for like replacement or a choice of another phone, it seems resonable enough...

Mimikyu

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drunkmonkey

Solitaryman666 wrote: »

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Are you sure that's correct, the OP is entitled to a full refund of €249 cash after having the phone for 9mts?

Mimikyu

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Mimikyu

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drunkmonkey

Solitaryman666 wrote: »

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When the phone goes back 3 times for repair they replace it with a new one. Can you demand a cash refund at this stage from the store? At what point are you entitled to your money back?

Mimikyu

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drunkmonkey

Solitaryman666 wrote: »

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<snip>

sounds correct, off to consumer issues with this...

OP try and get your money back and let us know what happens...

Sam Vimes

my 2c.

firstly, cpw uses the same repair company as lots of shops (mprc). Going somewhere else would be like storming out of dixons into currys (same company btw)

secondly, at this stage you're entitled to an equivalent replacement, ie equivalent in terms of specs, not price. A broken phone doesn't entitle you to a free upgrade, it entitles you to a phone as similar as possible to your old one

@drunkmonkey, there isn't really a defined stage where you can demand your money back. The shop can legally keep replacing it with different models and if the customer isn't happy they can involve the small claims court

the_syco

Solitaryman666 wrote: »

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Pretty much up to the store. They offered a replacement, he took it. How many repairs depends on the store. There's no real law on how many repairs it can be sent off.

drunkmonkey

Sam Vimes wrote: »

my 2c.

I was wating for your 2cent, I thought if anyone knows the answer to this, Sam does....;)

i'm breating a little easier now, tks....

Sam Vimes

drunkmonkey wrote: »

I was wating for your 2cent, I thought if anyone knows the answer to this, Sam does....;)

i'm breating a little easier now, tks....

that's what i'm here for

the_syco wrote: »

Pretty much up to the store. They offered a replacement, he took it. How many repairs depends on the store. There's no real law on how many repairs it can be sent off.

tbh, i'm starting to think that the whole 3 repairs thing might not be legal. The citizensinformation page (which i have no intention of searching for on a phone) says in no uncertain terms "the repair must be permanent". I'd say that if someone challenged it in court they'd win and i wonder why this situation is allowed to continue. Might ask over on legal discussion when i cba

MunsterCycling

Same as the Dell M1330 (?) nVidea graphics card issue where Dell just think they can keep replacing the card until the warranty is up.

CW have been shown to be chancers with this one, but maybe it is just the one shop who behaved like this?


MC

caspa307

phone has to go 3 times before it will be replaced dosent matter how old it is once its within warranty you could have bought the phone back within 28 days and got a replacement or a different phone all together (if you had full packaging) if there is a fault within the first 14 days of the repair being fixed you are entitled to a new phone (at managers/cust care discretion) also one that phone is in warranty and has been for repair more then 3 times carphone have to replace it with THE SAME VALUE of what you paid i know this because i work for carphone

drunkmonkey

caspa307 wrote: »

phone has to go 3 times before it will be replaced dosent matter how old it is once its within warranty

if there is a fault within the first 14 days of the repair being fixed you are entitled to a new phone

i know this because i work for carphone

eh, are you sure about all that? There's a bit of a contradiction there....

Sam Vimes

it was 28 days when i worked there and i don't think it's changed. What contradiction dm?

Sam Vimes

MunsterCycling wrote: »

Same as the Dell M1330 (?) nVidea graphics card issue where Dell just think they can keep replacing the card until the warranty is up.

CW have been shown to be chancers with this one, but maybe it is just the one shop who behaved like this?
MC

This isn't legal. If a fault occurs during the warranty period, the warranty is extended until such time as the fault is fixed

drunkmonkey

Sam Vimes wrote: »

. What contradiction dm?

phone has to go 3 times before it will be replaced

if there is a fault within the first 14 days of the repair being fixed you are entitled to a new phone

is that not a contradiction??

Sam Vimes

phone has to go 3 times before it will be replaced
unless
if there is a fault within the first 14 days after purchase, in which case you are entitled to a new phone

it's the same policy your shop follows no?

edit: having read what he said closer, it is odd. Could you explain that caspa, and where you got that idea? In my year in cpw i never heard of that

drunkmonkey

Sam Vimes wrote: »

phone has to go 3 times before it will be replaced
unless
if there is a fault within the first 14 days after purchase, in which case you are entitled to a new phone

it's the same policy your shop follows no?

What you said is correct...

but what he said was....

"if there is a fault within the first 14 days of the repair being fixed you are entitled to a new phone"

Sam Vimes

drunkmonkey wrote: »

What you said is correct...

but what he said was....

"if there is a fault within the first 14 days of the repair being fixed you are entitled to a new phone"

read my edit :P

Sam Vimes

i wouldn't call it a contradiction. He's saying that in general your phone has to go away 3 times unless the fault reappears very soon after repair, ie 14 days. It makes sense in a way but i never heard of such a policy

drunkmonkey

Sam Vimes wrote: »

read my edit :P

i'll let it slide, it happens to the best of us:P

But Caspas has a bit of explaining to do:D

Sam Vimes

drunkmonkey wrote: »

i'll let it slide, it happens to the best of us:P

But Caspas has a bit of explaining to do:D

never happens to me. I was just testing you

caspa, your p45 will be waiting for you in the morning

120_Minutes

taraw87 wrote: »

I think that's rubbish because if something is faulty you should be entitled to by law a full refund, repair or a replacement.

I love it when people throw this statement around. i know its true, and you are entitled to it, but its up to cpw to decide which one of the three to give you.

cpw's policy is thus:

if a manufacturers fault occurs up to 28 days after the phone is purchased, and a member of cpw staff witnesses the fault in store the phone can be replaced with:

a. the same phone if you do not have all the packaging

or

b. a different phone if you do have all the packaging. (if you so wish) you can pay the difference for a dearer phone, or be refunded the difference for a cheaper one.

or

c. a full refund.

If a member of cpw staff cannot witness the fault, and the customer insists
the phone is faulty, it must be sent to be checked/repaired.

if a fault occours after 28 days however, its:

repair only, no replacement, no refund.

if a phone had to be repaired 3 times, while under warranty, after the third repair it will be replaced. if they dont have that phone anymore it is replaced with a model of similar price/spec at current prices the u600 is now the same price as a 5310 on meteor prepay...hence it being the alternative.

therin lies your "repair, refund, replace" and its in place to protect them, and us, from chancer punters taking the piss and ruining for the rest of us.

if the phone was faulty from day one, you should have returned it on day two. it kinda worked out for the op....but frankly i have no sympathy for them. their t&c's are on the back of the reciept, its up to the customer to read them (yeah yeah fine print i know...but its there)

LolaDub

I don't think people should confuse a companys policy with legal entitlements.

If you receive a faulty product the retailer is entitled to try to repair it. The first repair must be permanent. If your product breaks after the repair then it has not been permanent and you are entitled to a refund or replacement.

OP what you are describing is an unusual case, i would phone the nca if i were you and see what they come up with

drunkmonkey

120_Minutes wrote: »

I love it when people throw this statement around. i know its true, and you are entitled to it, but its up to cpw to decide which one of the three to give you.

slow down there a minute...

If your a new customer 3 offer a 14 day money back gurantee, if your not happy for any reason you can return you phone and get your cash back!
Carphone have to stand by that! (but often don't and insist the phone goes for repair:mad:)

The Networks decide the returns policy and not carphone.....

Sam Vimes

drunkmonkey wrote: »

slow down there a minute...

If your a new customer 3 offer a 14 day money back gurantee, if your not happy for any reason you can return you phone and get your cash back!
Carphone have to stand by that! (but often don't and insist the phone goes for repair:mad:)

The Networks decide the returns policy and not carphone.....

and they follow that policy for 3 phones

and it's not necessarily the network that decide, cpw buy some of their phones from england rather than direct from the network

tony1kenobi

120_Minutes wrote: »

I love it when people throw this statement around. i know its true, and you are entitled to it, but its up to cpw to decide which one of the three to give you.

cpw's policy is thus:

if a manufacturers fault occurs up to 28 days after the phone is purchased, and a member of cpw staff witnesses the fault in store the phone can be replaced with:

a. the same phone if you do not have all the packaging

or

b. a different phone if you do have all the packaging. (if you so wish) you can pay the difference for a dearer phone, or be refunded the difference for a cheaper one.

or

c. a full refund.

If a member of cpw staff cannot witness the fault, and the customer insists
the phone is faulty, it must be sent to be checked/repaired.

if a fault occours after 28 days however, its:

repair only, no replacement, no refund.

if a phone had to be repaired 3 times, while under warranty, after the third repair it will be replaced. if they dont have that phone anymore it is replaced with a model of similar price/spec at current prices the u600 is now the same price as a 5310 on meteor prepay...hence it being the alternative.

therin lies your "repair, refund, replace" and its in place to protect them, and us, from chancer punters taking the piss and ruining for the rest of us.

if the phone was faulty from day one, you should have returned it on day two. it kinda worked out for the op....but frankly i have no sympathy for them. their t&c's are on the back of the reciept, its up to the customer to read them (yeah yeah fine print i know...but its there)

You spelt occurs wrong log.

caspa307

120_Minutes wrote: »

I love it when people throw this statement around. i know its true, and you are entitled to it, but its up to cpw to decide which one of the three to give you.

cpw's policy is thus:

if a manufacturers fault occurs up to 28 days after the phone is purchased, and a member of cpw staff witnesses the fault in store the phone can be replaced with:

a. the same phone if you do not have all the packaging

or

b. a different phone if you do have all the packaging. (if you so wish) you can pay the difference for a dearer phone, or be refunded the difference for a cheaper one.

or

c. a full refund.

If a member of cpw staff cannot witness the fault, and the customer insists
the phone is faulty, it must be sent to be checked/repaired.

if a fault occours after 28 days however, its:

repair only, no replacement, no refund.

if a phone had to be repaired 3 times, while under warranty, after the third repair it will be replaced. if they dont have that phone anymore it is replaced with a model of similar price/spec at current prices the u600 is now the same price as a 5310 on meteor prepay...hence it being the alternative.

therin lies your "repair, refund, replace" and its in place to protect them, and us, from chancer punters taking the piss and ruining for the rest of us.

if the phone was faulty from day one, you should have returned it on day two. it kinda worked out for the op....but frankly i have no sympathy for them. their t&c's are on the back of the reciept, its up to the customer to read them (yeah yeah fine print i know...but its there)

basically thats a more detailed way of what i was saying but its now 14 days IF the phone has already been away for repair more then 3 times