Another Carphone Warehouse issue!

Devilman40k

Where do I start

Purchased a handset from the Carphone Warehouse in February, in April I had to return the handset for repair, due to serious handset faults (problems with the phone invalidating sim cards (5 in 2 weeks) and powering itself down). The handset was returned to manufacturer and repaired and I got it back a week or so ago (4 week repair - phone is only 12 weeks old at this stage!)

Last week the original fault appeared again, again I returned to store and asked what can be done. I was told the manufacturer has a policy of 3 repairs before replacement and that this supercedes any statutory rights I may have, and that I could escalate this if I wanted...I was given a number but this was incorrect. So I have resorted to the tried and tested letter of complaint, I have small claims forms filled in and ready to go.

Under the Sales of Goods and Services Act am I entitled to seek any other form of redress, that is, can I seek refund or replacement of the handset? (Preferably refund now, I originally would have accepted replacement but the staff were so ignorant and patronising that I can't be bothered dealing with them again)

The law seems to be on my side here but having the store try to tell me otherwise (using the manufacturer as a shield) is a bit off-putting!

Thanks in advance for any advice anyone may have

maxer68

Three attempts at a repair before replacement is probably max they can eek out of the statutory right of the consumer. Its not that this supercedes the statutory right, its their interpretation that must be given a fair and reasonable chance to make a permanent repair.

Electronic things are fairly complicated, so an initial fix does not always work and they have to look to see where else the fault is emanating from.

As for running to small claims court at this stage - you are being too hasty (and would lose) and the attitude of shop staff does not entitle you to anything extra.

Small claims or any court is the last resort. Using it too hastily weakens you case substantially.

Devilman40k

Thanks for the reply, but does the act not state that a repair must be permanent in the first place and if not the consumer is entitle to seek another form of redress from the list?

Mimikyu

This post has been deleted.

jor el

maxer68 wrote: »

As for running to small claims court at this stage - you are being too hasty (and would lose) and the attitude of shop staff does not entitle you to anything extra.

Not true at all. According to the NCA, if the first repair is not permenant, then the consumer is entitled to seek alternate redress. By denying this, the retailer is infringing his statutory rights. If the retailer won't budge, then the Small Claims Court is exactly the right course of action.

http://www.consumerconnect.ie/eng/Hot_Topics/FAQs/Faulty-goods/

Q5. I bought a good, which was faulty. The company has repaired the product three times and it's still not working. I've asked for a refund but the retailer is refusing. What should I do?

If you purchase faulty goods, you are entitled to seek one of the three forms of redress outlined in the question above. The legislation does not state who chooses the form of redress.

If a repair is offered and accepted, then it should be permanent. If not, and the same fault occurs again, the buyer is entitled to seek another form of redress.

If you are not happy with the seller's final offer you have a right to take legal action. A case can be taken through the Small Claims Court for amounts up to and including €2,000.

There is no guarantee of a win for the consumer, but it is the right action to take if the retailer is being unreasonable. If a reasonable offer is made by the retailer, then that will be taken into account by the court.

foggy_lad

If the phone was a year old it would be reasonable to offer repair for a different 2nd fault but the handset is new and has already been out of use for 4 of the 12 weeks you owned it.

Reoairs must be permenant and by telling you that the 3 repairs rule superceeds your statutory rights the staff of the Carphone Warehouse may well be committing an offence.

DanWall

I had to take them to the small claims court for the same thing. It turned out there was a known fault with the model of phone but they would not tell me, they made me go all the way until a couple of days before the court hearing and then told us and refunded us. Don't forget to claim your insurance back also

Bazzy

DanWall wrote: »

I had to take them to the small claims court for the same thing. It turned out there was a known fault with the model of phone but they would not tell me, they made me go all the way until a couple of days before the court hearing and then told us and refunded us. Don't forget to claim your insurance back also

Same thing happened me went to small claims they still wouldnt budge mr sherrif got my money back