Small Claims Court/Carphone Warehouse

Unregistered Migrant

Hey everyone,

I'm new to boards.ie and wanted to ask a question of the community; I recently purchased a phone from the carphone warehouse, I specified to the girl in the shop that I needed to replace my MP3 player as it was broken and so it would be ideal if I could get a phone that would also act as an MP3 player. She suggested a Nokia X2 after listing the pros and cons of various other phones and I said fine and paid for it (I also needed to buy a phone that day as my old phone was broken).

However, when I took the phone home and tried to put music on it, I discovered that the MP3 player only lists tracks in alphabetical order and not by track order, meaning when I listen to audio books (which I often do), it lists the chapters out of order. This is apparently an issue with all Nokia phones and can not be fixed. So I brought the phone back to the shop and said the phone was not fit for purpose and was misrepresented to me by the assistant. But the manager was being a real prick and said that this was a feature of the phone and it wasn't their fault and there was no way he was refunding my money. I contacted carphone warehouse customer care, but you can imagine how far that got me.

So, I was going to take them to small claims court to say the product was misrepresented and not fit for purpose; anyone here have experience with something similar? What do you think my chances of success are? Should I just save my €15 and chalk it up to experience?

Thanks

decskelligs

IMO you bought a phone which does everything a phone should i.e. make and receive calls. So i don't expect you will get very far using "fit for purpose" at the end of the day it is a phone you bought not an mp3 player and it does play the music just not in the order you want.

Unregistered Migrant

Yeah I appreciate that, but the thing is I wouldn't have bought the phone if they had informed me in the shop. There were other phones I didn't buy because of aspects of them they described that I didn't like the sound of, but this one seemed perfect except that the MP3 player isn't even as good as the ****ty one I paid €20 for that I wear running.

I do have a sneaking suspicion you're right though.

William Powell

I sometimes get the problem with Windows Media player and often end up renaming every track to be sure its going to play in the right order (Audio books on CD ripped to MP3). Renamed every track of whole BBC HHGTTG series recently so it would play in the correct order, I just assumed that was what you had to do if you wanted to guarantee the play order of Audio books was correct.

JimiTime

According to your OP you just asked if it was also an mp3 player, which it is. You didn't mention that you told the lady in the shop about the application of this mp3 player (audio books). It IS fit for normal use, just not the application which you wanted it for. You would have been much better to explain the issue, and asking them to assist you rather than hopping on the 'I'm entitled' route. Have you had the phone less than 7 days? or even less than 28 days? If so, you may have comeback. However, I'd approach this from an 'appealing' route before thinking about legal etc.

Is there not another phone you could get in the shop in exchange that WILL do what you require?

Unregistered Migrant

You shouldn't have to, I did that too as a short term fix, but basically any other MP3 player on the planet has the option of playing tracks in album order. Nokia phones are advertised as "built for music" but they can't perform the expected functions of even the most basic player. I really want to take the pricks to small claims court, but being on the dole, I need my money for me, not for the bringing dick-heads to court.

Unregistered Migrant

@ JimiTime: the approach I'm taking is that apparently all Nokia phones have this issue (although no review sites mentioned this when I was reading reviews), they as a phone shop should be aware of the functions of their products. They won't even give me a credit note and yes I only have the phone 7 days.

caspa307

Unregistered Migrant wrote: »

Hey everyone,

I'm new to boards.ie and wanted to ask a question of the community; I recently purchased a phone from the carphone warehouse, I specified to the girl in the shop that I needed to replace my MP3 player as it was broken and so it would be ideal if I could get a phone that would also act as an MP3 player. She suggested a Nokia X2 after listing the pros and cons of various other phones and I said fine and paid for it (I also needed to buy a phone that day as my old phone was broken).

However, when I took the phone home and tried to put music on it, I discovered that the MP3 player only lists tracks in alphabetical order and not by track order, meaning when I listen to audio books (which I often do), it lists the chapters out of order. This is apparently an issue with all Nokia phones and can not be fixed. So I brought the phone back to the shop and said the phone was not fit for purpose and was misrepresented to me by the assistant. But the manager was being a real prick and said that this was a feature of the phone and it wasn't their fault and there was no way he was refunding my money. I contacted carphone warehouse customer care, but you can imagine how far that got me.

So, I was going to take them to small claims court to say the product was misrepresented and not fit for purpose; anyone here have experience with something similar? What do you think my chances of success are? Should I just save my €15 and chalk it up to experience?

Thanks

what carphone warehouse was it?

but in my opinion if you didnt specify that you needed it for ebooks then there really isnt much u can do taking them to small claims will just waste your time it could be worth going back in and asking to speak to the manager about it to see if theres anything he will be willing to do for you, also there may be a free app on the ovi store that could help you

William Powell

That does sound a bit of a problem I can work it out in Windows Media Player but just rename to keep it simple for when I move the MP3's to different machines. If you just have one disk recorded as MP3 tracks and the player can't play the tracks in recorded (Album) order than its just a random music player and I can see your point.

Unregistered Migrant

@caspa 307: Yeah, I know, I know; but in everyday life we all purchase things taking for granted that they will have certain qualities, this bottle of Ballygowan contains water not acid, this car has four wheels not 2.5, this mp3 player plays songs in album order if I so wish. Thing is, it doesn't. But I don't want to give small claims court €15 for nothing.

number10a

I don't think you have any comeback at all. You didn't specify to the assistant that you wanted this feature, and she cannot be expected to list out every eventuality that you can encounter with the phone. You would be there for a few hours at least if she had to do that. If you didn't ask, you cannot expect to have been told as it is such a rare, niche feature that not everyone would require.

And as for not being "fit for its purpose" - it's perfectly fit for its purpose (to playback audio files). It simply does it in a different way.

jor el

Unregistered Migrant wrote: »

but in everyday life we all purchase things taking for granted that they will have certain qualities, this bottle of Ballygowan contains water not acid, this car has four wheels not 2.5, this mp3 player plays songs in album order if I so wish.

I think that's where your comparison should have ended; the mp3 player plays music. Unless playlist order was mentioned or asked about before you bought it, then the phone does what you bought it to do. Unfortunately for you, I don't think you have any claim here.

Unregistered Migrant wrote: »

But I don't want to give small claims court €15 for nothing.

To push the issue you are going to have to do this, but it does seem that it would be just another €15 wasted.

caspa307

Unregistered Migrant wrote: »

@caspa 307: Yeah, I know, I know; but in everyday life we all purchase things taking for granted that they will have certain qualities, this bottle of Ballygowan contains water not acid, this car has four wheels not 2.5, this mp3 player plays songs in album order if I so wish. Thing is, it doesn't. But I don't want to give small claims court €15 for nothing.

i understand but im assuming it does play an album in order?? its just chapters of a book it has problems with?

Jev/N

Change the track names to alphabetical order and play in order - problem solved

You've no recourse, plain and simple. It's fit for purpose, even the one you specified - beyond that purpose (that it actually plays mp3s), you can't debate it

kippy

jor el wrote: »

I think that's where your comparison should have ended; the mp3 player plays music. Unless playlist order was mentioned or asked about before you bought it, then the phone does what you bought it to do. Unfortunately for you, I don't think you have any claim here.



To push the issue you are going to have to do this, but it does seem that it would be just another €15 wasted.

Totally agree with this post and ones of a similiar nature.
You asked for a phone that plays MP3's. This phone plays MP3's.
Never did you specify how or by what means you wanted these to be played.
You were not mis sold this device as far as I can tell.

User Friendly

This thread reminds me of the guy who Asks a shop assistant if he could buy a picture of a disappointed Horse,when the shop assistant produces a picture of a disappointed Horse,the buyer says " i can see he looks disappointed............... but not because he received bad news,it looks more like he looks disappointed because he had high expectations in life that would remain unfulfilled.

You asked for an Mp3 player/phone....... you got an mp3 player phone.