faulty 500 euro phone from carphone warehouse! my rights?? thank you!!

superfish

pokerface_me wrote: »

Such a helpful post from a mod.

lol yes its because to dismiss everything everyone has said by claiming its rubbish adds weight to his following statement.

pokerface_me

I had a company iphone which was bought from car phone warehouse and 5 weeks after purchase it started to play up, they sent it off to be fixed and gave me a nokia to use till they got my one back. After i got it back it started to play up after a week or so, same problem. When i returned to the shop they offered a refund or new replacement.

Only thing is my company would give them a lot of business and i'm not sure if this influenced their decision.

poeticmakaveli

Ok people i went up to carphone warehouse with it! i was calm as a breeze, i explained all to them, and of coarse as i knew they said because im 5 days after the 28 day malarky that it has to be sent off for repair!! so as cool as a breeze again i explained that i understand what you's have to do, but i said i had a phone before (samsung tocco lite ultra edition) and that it had to be sent off 3 times before they gave me a replacement and i explained that im giving them 1 chance to repair it! now i know when i get it back that it is going to go faulty again! now we all know that its never going to be the same when i get it back! as i said to the worker that if this was a 100euros phone id let it slide and forget about it! or if my 470euros phone was 6 to 12 months old i still would let it slide, but im not going to accept a phone almost 5 weeks old of that price to be fixed more than once!!!!! i never mentioned soliciters but they got the idea!! ONE chance at repairing it!! they are not going to try and play me around 3 times hoping i just give up on it!!

foggy_lad

poeticmakaveli wrote: »

Ok people i went up to carphone warehouse with it! i was calm as a breeze, i explained all to them, and of coarse as i knew they said because im 5 days after the 28 day malarky that it has to be sent off for repair!! so as cool as a breeze again i explained that i understand what you's have to do, but i said i had a phone before (samsung tocco lite ultra edition) and that it had to be sent off 3 times before they gave me a replacement and i explained that im giving them 1 chance to repair it! now i know when i get it back that it is going to go faulty again! now we all know that its never going to be the same when i get it back! as i said to the worker that if this was a 100euros phone id let it slide and forget about it! or if my 470euros phone was 6 to 12 months old i still would let it slide, but im not going to accept a phone almost 5 weeks old of that price to be fixed more than once!!!!! i never mentioned soliciters but they got the idea!! ONE chance at repairing it!! they are not going to try and play me around 3 times hoping i just give up on it!!

The fact you stayed calm ands listened to them first probably helped a lot but don't be surprised if it breaks again and they hit you with their 3repairs policy. Just tell them that you are seeking a replacement or refund as the phone has already been repaired and all repairs should be permanent, they will try telling you it is a different fault but stand your ground as if it is a different fault you can claim the phone is not fit for purpose due to the repairs required and again demand a replacement or refund.

You do not have to accept a credit note in place of a refund.

poeticmakaveli

foggy_lad wrote: »

The fact you stayed calm ands listened to them first probably helped a lot but don't be surprised if it breaks again and they hit you with their 3repairs policy. Just tell them that you are seeking a replacement or refund as the phone has already been repaired and all repairs should be permanent, they will try telling you it is a different fault but stand your ground as if it is a different fault you can claim the phone is not fit for purpose due to the repairs required and again demand a replacement or refund.

You do not have to accept a credit note in place of a refund.

thanks!! i will gladly let them do what they want first but i know their repair will only be temporary!! then i can hit them with that! thanks!

jor el

pokerface_me wrote: »

Such a helpful post from a mod.

Not a mod of this forum, so pointing out that he's a mod is equally unhelpful. He was right about a lot of misinformation on this thread, and quoted the the one response that detailed exactly what the OP's rights were, since most others seemed to be completely ignoring this in place of their own erronious opinions. All the stuff about 28 days, and the ability to insist on a refund, or guaranteed refunds, is rubbish.

CPW has a policy in place regarding refunds, but this is in addition to the statutory rights of the buyer, and does not supersede or replace them.

superfish wrote: »

lol yes its because to dismiss everything everyone has said by claiming its rubbish adds weight to his following statement.

His quote was correct, and pointing out that that was the only factual statement on the thread was also correct. Your suggestions that he should flash the phone with a non-official ROM, or that he can only get a refund within 28 days, or that without insurance he'd have to pay for the repair were all incorrect, and flashing it would be the absolute wrong thing to do.

poeticmakaveli wrote: »

thanks!! i will gladly let them do what they want first but i know their repair will only be temporary!! then i can hit them with that! thanks!

You did the right thing, but it could well be fixed when it's returned to you. The 3 repair policy is common among all the mobile phone sellers and operators, but it's just a policy, and they cannot enforce it upon you. You also can't force them to refund, and may need to use the small claims court if they refuse (if the phone is returned faulty). Solicitors are not needed for the small claims court

Corruptedmorals

poeticmakaveli wrote: »

Ok people i went up to carphone warehouse with it! i was calm as a breeze, i explained all to them, and of coarse as i knew they said because im 5 days after the 28 day malarky that it has to be sent off for repair!! so as cool as a breeze again i explained that i understand what you's have to do, but i said i had a phone before (samsung tocco lite ultra edition) and that it had to be sent off 3 times before they gave me a replacement and i explained that im giving them 1 chance to repair it! now i know when i get it back that it is going to go faulty again! now we all know that its never going to be the same when i get it back! as i said to the worker that if this was a 100euros phone id let it slide and forget about it! or if my 470euros phone was 6 to 12 months old i still would let it slide, but im not going to accept a phone almost 5 weeks old of that price to be fixed more than once!!!!! i never mentioned soliciters but they got the idea!! ONE chance at repairing it!! they are not going to try and play me around 3 times hoping i just give up on it!!

Good, try to direct any implications/veiled threats towards the manager/policy maker rather then an ordinary member of staff though. You never know, the phone might come back in perfect order! Certainly mine did, and phones of several other people I know. The good stories outweight the bad stories I think.

MunsterCycling

jor el wrote: »

Not a mod of this forum, so pointing out that he's a mod is equally unhelpful. He was right about a lot of misinformation on this thread, and quoted the the one response that detailed exactly what the OP's rights were, since most others seemed to be completely ignoring this in place of their own erronious opinions. All the stuff about 28 days, and the ability to insist on a refund, or guaranteed refunds, is rubbish.

CPW has a policy in place regarding refunds, but this is in addition to the statutory rights of the buyer, and does not supersede or replace them.



His quote was correct, and pointing out that that was the only factual statement on the thread was also correct. Your suggestions that he should flash the phone with a non-official ROM, or that he can only get a refund within 28 days, or that without insurance he'd have to pay for the repair were all incorrect, and flashing it would be the absolute wrong thing to do.



You did the right thing, but it could well be fixed when it's returned to you. The 3 repair policy is common among all the mobile phone sellers and operators, but it's just a policy, and they cannot enforce it upon you. You also can't force them to refund, and may need to use the small claims court if they refuse (if the phone is returned faulty). Solicitors are not needed for the small claims court

Incorrect

Kensington

MunsterCycling wrote: »

Incorrect

What is incorrect?

superfish

jor el wrote: »

Not a mod of this forum, so pointing out that he's a mod is equally unhelpful. He was right about a lot of misinformation on this thread, and quoted the the one response that detailed exactly what the OP's rights were, since most others seemed to be completely ignoring this in place of their own erronious opinions. All the stuff about 28 days, and the ability to insist on a refund, or guaranteed refunds, is rubbish.

CPW has a policy in place regarding refunds, but this is in addition to the statutory rights of the buyer, and does not supersede or replace them.



His quote was correct, and pointing out that that was the only factual statement on the thread was also correct. Your suggestions that he should flash the phone with a non-official ROM, or that he can only get a refund within 28 days, or that without insurance he'd have to pay for the repair were all incorrect, and flashing it would be the absolute wrong thing to do.

please explain why flashing a slow laggy phone when he gets it back to make it run better is the wrong thing to do I dont think you fully understand what flashing the phone entails also I was correct in that they have a 28 day refund policy, and to start off a post by saying "what a load of rubish is just plain ignorance if I dont agree with someone I would not dream of getting my point across in such a way

krudler

STOP SHOUTING!!

muboop1

poeticmakaveli wrote: »

Ok people i went up to carphone warehouse with it! i was calm as a breeze, i explained all to them, and of coarse as i knew they said because im 5 days after the 28 day malarky that it has to be sent off for repair!! so as cool as a breeze again i explained that i understand what you's have to do, but i said i had a phone before (samsung tocco lite ultra edition) and that it had to be sent off 3 times before they gave me a replacement and i explained that im giving them 1 chance to repair it! now i know when i get it back that it is going to go faulty again! now we all know that its never going to be the same when i get it back! as i said to the worker that if this was a 100euros phone id let it slide and forget about it! or if my 470euros phone was 6 to 12 months old i still would let it slide, but im not going to accept a phone almost 5 weeks old of that price to be fixed more than once!!!!! i never mentioned soliciters but they got the idea!! ONE chance at repairing it!! they are not going to try and play me around 3 times hoping i just give up on it!!

I used to work there ages ago, assuming policy hasn't changed much.

Now, I'm not saying I agree with their policies, or even think them correct.

However, If I had someone come into me demanding only 1 repair... well it happens every day. Usually bounces off the staff. We simply have no control over the phones and their repairs etc.

But, we had to follow the companies policies. If we didn't we would be on the chopping block. And although I always done my best to help the customers, I wouldn't risk my job over them. Neither was I able to! The system wouldn't allow me to exchange or refund things for people without authorisation codes.

The staff in store can do little. People will complain, it will usually result in the staff simply calling customer care already knowing in advance what the answer will be... send it in for repair.

Managers can do more, but even then, they often probably wouldn't be willing to put themselves on chopping block either!

The best way to get a favourable answer if the worst happens is to contact customer care yourself. They will often do more for the consumer as it is unusual that the staff will be willing to fight with the CC team.

Just out of curiosity, is it true they lost their commission? I heard someone tell me all the phone stores did recently!

jor el

superfish wrote: »

please explain why flashing a slow laggy phone when he gets it back to make it run better is the wrong thing to do

The phone is broken after only a short time of use, and flashing the ROM would invalidate the warranty and remove the owners consumer rights. The right thing to do was as posted and quoted, request a repair, replacement or refund from the shop.

Requesting a refund is not limited to the 28 days that is stipulated by CPW's policy, and a refund is an option at any time that the consumer's rights are in effect, which could be several years.

jor el

MunsterCycling wrote: »

Incorrect

Care to elaborate at all, or just like to jump on the troll bandwagon every now and then?

superfish

jor el wrote: »

The phone is broken after only a short time of use, and flashing the ROM would invalidate the warranty and remove the owners consumer rights. The right thing to do was as posted and quoted, request a repair, replacement or refund from the shop.

Requesting a refund is not limited to the 28 days that is stipulated by CPW's policy, and a refund is an option at any time that the consumer's rights are in effect, which could be several years.

ok seems we have our wires crossed here you seem to think I advised him to flash the phone to solve the problem or you think I told him to flash it before repair. what I told him was to send the phone off to be fixed then when he gets it back to flash it (a process that is completely reversible) I would not normally advise some one who just bought the phone to flash it with a new rom but as he was unimpressed with the phone this is why I advised him, this phone is a superior phone to the iphone once flashed. ask any of the guys on the darky rom thread about flashing I had my sgs 8 week and I decided to flash it the phone is now faster than the nexus 2.2, moto droid, htc desire, iphone I understand that people shy away from doing thing such as flashing a phone as it voids warranty but like I say its totally reversable

foggy_lad

superfish wrote: »

ok seems we have our wires crossed here you seem to think I advised him to flash the phone to solve the problem or you think I told him to flash it before repair. what I told him was to send the phone off to be fixed then when he gets it back to flash it (a process that is completely reversible) I would not normally advise some one who just bought the phone to flash it with a new rom but as he was unimpressed with the phone this is why I advised him, this phone is a superior phone to the iphone once flashed. ask any of the guys on the darky rom thread about flashing I had my sgs 8 week and I decided to flash it the phone is now faster than the nexus 2.2, moto droid, htc desire, iphone I understand that people shy away from doing thing such as flashing a phone as it voids warranty but like I say its totally reversable

After flashing the phone the Samsung warrenty is voided as are any statutory rights the op has and afaik there is a record in the phone of when it is flashed and reflashed so Samsung will most likely be aware of the interference with the phone and while they may just repair the phone if it develops another fault in the next two years they would not be obliged to do so.

Imagine the senario of the op getting the phone back repaired and reflashing the phone and a few months down the line the phone stops working again. So the op sends it back into the CPW who send it off to their repair centre who send it back to Samsung who will see it has been reflashed.

Most times Samsung will just reflash the phone with their firmware and return it but if the repair became more problematic they could send the phone back without doing anything with it and claim it has been tampered with and the warrenty is void, and because the phone has been tampered with the op's statutory rights are voided also.

dudara

@MunsterCycling - you know better than to post single word replies like that. Please refute with details and supporting facts.

OP - There has been a fair amount of noise in this thread, not all of it correct. The only thing that matters here are your rights as a consumer under the Sale of Goods and Supply of Services Act 1980.

So far, the shop has behaved as they are obliged. They have offered you one of the three options (repair, replacement or refund). If the repair is not permanent, then you are entitled to seek one of the other two options. Simple as that.

The value of the phone, or the amount of money you spend in the shop is irrelevant. Bringing it up really doesn't do any favours. Just stick to the straight simple facts.

In addition, I don't want any more talk on flashing the phone. That type of discussion can take place over in the Android forum.

lewis

poeticmakaveli wrote: »

Hi people! I bought a brand new samsung android galaxy phone in carphone warehouse about 4 weeks.. i used it for 2 days but found that my iphone was a far better phone so i put it back in its box and safetly put away in mty bedroom! just yesterday when i got the phone out to give it to a family member i noticed that that the phone didnt turn on! i charged it over night and no use!

Either it was knocked around at some point, or you just got a dodgy model.
Why did you wait so long before returning it?
Iphone far better, lol NO!

jor el wrote: »

The phone is broken after only a short time of use, and flashing the ROM would invalidate the warranty and remove the owners consumer rights...

Flashing can be undone, so they would`nt even know it.

Zab

I think it's clear at this stage that CPW aren't going to agree to replace it after one failed repair without a fight, regardless of what a court would eventually force them to do. So if you plan to go down that road you should be prepared to have to go further, such as a registered letter of intent to go to the SCC possibly followed by having to actually file with the SCC.

poeticmakaveli

lewis wrote: »

Either it was knocked around at some point, or you just got a dodgy model.
Why did you wait so long before returning it?
Iphone far better, lol NO!




Flashing can be undone, so they would`nt even know it.

knocked around??are u serious??!!!!

poeticmakaveli

Zab wrote: »

I think it's clear at this stage that CPW aren't going to agree to replace it after one failed repair without a fight, regardless of what a court would eventually force them to do. So if you plan to go down that road you should be prepared to have to go further, such as a registered letter of intent to go to the SCC possibly followed by having to actually file with the SCC.

i can assure u after one repair that will be there last chance!! i have no problem bringing that letter of intent down to the shop and leaving the phone with them! a friend of mines father is a soliciter and thats what the next step will be! a guy said there earlier on a post and i found out hes right! its repair,then replacement or refund!!! 3 repairs!!?!!! ur having a laugh!!

muboop1

poeticmakaveli wrote: »

i can assure u after one repair that will be there last chance!! i have no problem bringing that letter of intent down to the shop and leaving the phone with them! a friend of mines father is a soliciter and thats what the next step will be! a guy said there earlier on a post and i found out hes right! its repair,then replacement or refund!!! 3 repairs!!?!!! ur having a laugh!!

Dude, you seem so agro in your posts... Relax!

How about this...

First. You get your phone back and even see if the repair was unsuccessful!! For all you know it will be! Just because a repair failed for somebody you hear of on the internet... Well I hear a lot of things on the net! This thread is a perfect example, about 10 different interpretations of consumer rights laws... 1 of which is correct!

Then if it is not, go kick up a **** storm by all means. But I guarantee this, if you want to get away with a single repair refund or exchange, the guys in store will not help you. They aren't able to! You will have to call CC yourself, or send in a letter of intent or a solicitors letter or similar.

lewis

poeticmakaveli wrote: »

knocked around??are u serious??!!!!

Yes, all this who ha over a phone, have you tried another phone repair shop?
Damn, next thing you know he`ll be on Judge Judy, lol

poeticmakaveli

muboop1 wrote: »

Dude, you seem so agro in your posts... Relax!

How about this...

First. You get your phone back and even see if the repair was unsuccessful!! For all you know it will be! Just because a repair failed for somebody you hear of on the internet... Well I hear a lot of things on the net! This thread is a perfect example, about 10 different interpretations of consumer rights laws... 1 of which is correct!

Then if it is not, go kick up a **** storm by all means. But I guarantee this, if you want to get away with a single repair refund or exchange, the guys in store will not help you. They aren't able to! You will have to call CC yourself, or send in a letter of intent or a solicitors letter or similar.

fair enough,thats what ill be doing!! and also you are saying about the net!! well i had first hand experience with carphone warehouse as i said in my earlier posts!!! they sent a phone i had before away 3 times to be repaired and couldnt fix it!! fix it or not,im only going to be getting back a (in my belief) damaged phone thats just waiting to go again! but i have been fair with them yesterday so i dont really mind what i do with them next!
HA im just thinking id love to do what a neighbour did years ago she was telling me, her and the husband bough a fish tank for like a decent few euros and it was a faulty tank and when she went back to ask for a refund and they wouldnt entertain her so she waited until more people came into the shop and then just simply walked over to a tank worth 2,500 and put her hands behind it and said 'are u going to give me my money back?' hahahah and sure as hell she got it!! hahaha funny story when i heard it!!

poeticmakaveli

lewis wrote: »

Yes, all this who ha over a phone, have you tried another phone repair shop?
Damn, next thing you know he`ll be on Judge Judy, lol

you are a clown lewis!!!

dudara

@poeticmakaveli and @lewis - Behave yourselves. Please take the time to read the forum charter for guidelines on how to post and how to behave to other users.

If you can't post anything helpful, then you're better off not posting.

@poeticmakaveli Please try to post in a more coherent manner. Your single paragraph posts without proper punctuation or capitalisation are quite hard to read.

dudara

superfish

just out of interest did they say how long it will take to fix ?

lewis

poeticmakaveli wrote: »

you are a clown lewis!!!

Be nice, I did`nt start this circus

brennra

poeticmakaveli wrote: »

i do understand what your saying but i just know like another samsung phone i had over a year go it wwas sent 3 times to get fixed and it kept breaking! also people have complained about this exact phone with the same problem and they have fixed it and of coarse after a few weeks it was broke again!! il let u know anyway!! thanks

The problem there isnt with the company, its obviously with Samsung phones. Phones come from the manufacturer to the store. If you try to return any phone to any shop they will need to send it away to prove that there is a fault to the phone, cos they will not be able to sell that phone on. It makes sense. If you take out insurance on a phone(which is a wise thing to do) and if anything happens to the phone, it will be sent away to be repaired, you get a replacement phone, which you pay 30e for and get it refunded when you get your own phone back.. if you need to claim your insurance and get a new phone, the most you pay is 40e then. So from reading this thread, i cant see what the problem is, i doubt the staff in CPW spend their time breaking phones before they sell them, the boxes are always sealed so the problem comes from the manufacturer. This problem results in many people slating CPW for being the middle man which is completely unfair

drunkmonkey

brennra wrote: »

The problem there isnt with the company, its obviously with Samsung phones. Phones come from the manufacturer to the store. If you try to return any phone to any shop they will need to send it away to prove that there is a fault to the phone, cos they will not be able to sell that phone on. It makes sense. If you take out insurance on a phone(which is a wise thing to do) and if anything happens to the phone, it will be sent away to be repaired, you get a replacement phone, which you pay 30e for and get it refunded when you get your own phone back.. if you need to claim your insurance and get a new phone, the most you pay is 40e then. So from reading this thread, i cant see what the problem is, i doubt the staff in CPW spend their time breaking phones before they sell them, the boxes are always sealed so the problem comes from the manufacturer. This problem results in many people slating CPW for being the middle man which is completely unfair

Did you even read all the wrong replies in the Thread especially in relation to Insurance. I'm presuming you work or have worked for carphone it's the only place such nonsense usually comes from about insurance.