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Phone developing same problem 1 year after repair

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  • 17-08-2011 5:01pm
    #1
    maki
    Registered Users Posts: 772 ✭✭✭


    I purchased a HTC Desire from the Carphone Warehouse in June 2010. In August of that year the camera suddenly stopped working and was sent off for repair. Got it back and everything was working fine again.

    Just today however, the exact same problem has come back.

    As far as I understand, a repair has to be permanent.
    Does this mean I'm entitled to ask for a complete replacement?

    I know that some companies insist that it has to be repaired at least twice before they'll offer a replacement. Can I throw some legislation at them if this were to happen?


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    #2
    Badgermonkey
    Closed Accounts Posts: 3,019 ✭✭✭Badgermonkey


    In saying the repair has to be permanent does not guarantee that a fault will not occur again some time in the future. It does seem however that you're in a strong position to seek a replacement, given the relatively short interval between the initial repair and the faults recurrence.

    Sale of Goods Act 1980 entitles you to repair, replacement or refund. You've previously sought repair, you're within your right to now seek replacement. Despite what the retailer tells you about the number of repairs, that's store policy - your statutory right will be afforded greater weight under law.

    This from the consumer connect site:
    Repairs
    In some cases, a repair may easily correct a fault. If the shop offers to repair the item, the repair should be permanent.
    If they repair the item but it still doesn’t work properly, for whatever reason, you should be in a better position to look for a replacement or refund.
    Before you agree to the shop carrying out a repair, you should put it in writing to them that, if the repair is unsuccessful, or there are any other problems with the item, you reserve your right to look for a replacement or refund.

    http://www.consumerconnect.ie/eng/Hot_Topics/Guides-to-Consumer-Law/Shopping/faults.html#repairs


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