Faulty phone from Meteor

Tea_Bag

i bought a phone from meteor, the HTC Hero, and while it is a good phone, it broke within a month of getting it, by which i mean the trackball (a ball like button) broke. i didnt have a chance to take it in immediately, and i got to meteor around 32 days after purchase. meteor offer a replacement policy that if your phone breaks within 28 days they'll replace it at no cost, straight away.
not only were they not willing to help me with a replacement, they told me i had to send it in for repair for up to 2 weeks, and ill get a loan phone while its away.
the first loan phone they gave me had a half broken screen, and became absolutely impossible to use, so they replaced it with a Nokia, except that they couldnt give me a charger for this Nokia, so i had to source one off a friend a few days later. (phone shop with no chargers:eek:)

i got the same HTC back 3 weeks later, and it was working grand. until now. ~2 months of owning the phone, 3 weeks of which its been away, and its broken again. the same button is broken.

i was wondering, from a legal standpoint, if i am entitled to a replacement?
i paid quite alot of money for a phone (which has since dropped dramatically in price) which obviously has a fault/flaw in it, and which a repair seems only a temporary fix.:mad:




tl;dr

phone from meteor broken twice within two months of ownership. no replacement offered. repair took 3 weeks the first time. legal standpoint?

Elessar

Since it's the same fault, you are entitled to seek a replacement or refund at this point. Under the Sale of Goods and Supply Of Services Act 1980 goods must be of merchantable quality, which yours clearly is not. The first repair must be permanent, and since you're wasn't, you can request a replacement or try for a refund.

The store staff really have no power over the policies of Meteor, so the best thing to do is write a letter (registered) to Meteor stating the act and that since the first repair wasn't permanent you want a replacement. They cannot force you into their 3 repairs policy. Give them a week or two to respond and mention you will file a claim in the small claims court if you do not get a satisfactory response.

I recall seeing a post from someone else here who did this with meteor and they gave him a replacement after he sent them the letter.

Tea_Bag

Thanks for the reply. I'll post back how I get on.

tatli_lokma

Elessar wrote: »

.

I recall seeing a post from someone else here who did this with meteor and they gave him a replacement after he sent them the letter.

that was me! yes, do exactly as Elessar - write a registered letter to head of customer care, stating that you are not willing to accept the 3 repair policy as due to your statutory rights you are entitled to a replacement or refund as the original repair was not permanent. give them a set amount of time to rectify your issue - i gave 14 days from the date on the letter and they were back to me within 4 days!
Their policy of 3 repairs is exactly just that - THEIR preferred policy, but they cannot legally insist on it. YOU however can legally insist on your statutory rights - replacement or refund! Good luck, let us know how you get on!

Tea_Bag

Old thread i know......

Finally got around to sending them the registered letter, after i got fed up with the phone for the last time.
i gave them 14 days to get back to me, and they got back to me there, saying that his hands were tied and that i'd have to send it back in for repair again, saying that if it breaks again, he "would do everything in [his] power to get a replacement"

i told him it was an unacceptable response and under consumer law i should get a refund/replacement. He said to please repair one more time.

I told him i'd probably be seeking redress through small claims court.

any advice guys?

Venom

Tea_Bag wrote: »

Old thread i know......

Finally got around to sending them the registered letter, after i got fed up with the phone for the last time.
i gave them 14 days to get back to me, and they got back to me there, saying that his hands were tied and that i'd have to send it back in for repair again, saying that if it breaks again, he "would do everything in [his] power to get a replacement"

i told him it was an unacceptable response and under consumer law i should get a refund/replacement. He said to please repair one more time.

I told him i'd probably be seeking redress through small claims court.

any advice guys?

The small claims court option would seem the best way to get this resolved at this stage.

jor el

Tea_Bag wrote: »

I told him i'd probably be seeking redress through small claims court.

any advice guys?

Do exactly that. Alternately, your only choice would be to accept another repair, since Meteor aren't going to budge, and hope for the best.