Carphone Warehouse - fault in phone.

Esoteric_

Query for a friend.

My friend got a Blackberry phone 11 months ago in Carphone Warehouse.

For no reason, the BBM and other things haven't been working on the phone for the last month or so. She brought it back into the Carphone Warehouse and they sent it off for a diagnostic test.

They called her to collect the phone, and said that the software needs upgrading, there is a problem with it.

However, they are trying to charge her one hundred and eighty euro to fix it (which is more than she paid to buy it). They say that it's just a software upgrade problem, so it is not caused by physical damage or anything like that.

I'm pretty sure that 11 months for a Blackberry isn't a reasonable amount of time for the phone to last before the software screws up.

What can she do? Is there any particular law covering this?

Procrastastudy

Whats BBM? Was it working before?

Esoteric_

GCDLawstudent wrote: »

Whats BBM? Was it working before?

Blackberry Messenger, I think. It's a bit like an IM service available only on Blackberries. You pay like 50 cent a day to use it AFAIK (I don't have one of those fancy phones! :pac: ). Yes, it worked for the first 10 months of use, and the phone hasn't been dropped or gotten wet, there is no physical damage reported on the slip she was given, just software needing to be updated.

Procrastastudy

I can see where they are coming from in that it's not really a 'fault'. Was the Blackberry messenger a service stipulated in the contract, or perhaps something used as a selling point?

I suppose I would draw the comparison of Skype on my iphone. If it stoped working because I needed to upgrade the software on the iphone - and that update was charged for I don't think I'd have a valid complaint.

Hopefully someone here may have a more informed opinion.

EDIT: Oh what other things aren't working?

Jarren

This is very steep to charge for the soft update tbh.
Ask your friend to contact a manager in the carphone warehouse ,maybe they just made a genuine mistake.

the_syco

LyndaMcL wrote: »

However, they are trying to charge her one hundred and eighty euro to fix it (which is more than she paid to buy it). They say that it's just a software upgrade problem, so it is not caused by physical damage or anything like that.

If it's only a software issue, get them to send it back unfixed, and get your friend to update the phone herself.

Esoteric_

GCDLawstudent wrote: »

I can see where they are coming from in that it's not really a 'fault'. Was the Blackberry messenger a service stipulated in the contract, or perhaps something used as a selling point?

I suppose I would draw the comparison of Skype on my iphone. If it stoped working because I needed to upgrade the software on the iphone - and that update was charged for I don't think I'd have a valid complaint.

Hopefully someone here may have a more informed opinion.

EDIT: Oh what other things aren't working?

The BBM isn't like Skype, in that it isn't something you install. It's a part of the phone, it's unique to the phone.

the_syco - That's what she's done. She has no idea how to do it herself though, so is going to try to get somebody else to do it for her. The report sheet she got with the phone stated that the fault/issue was 'needs software upgrade' and nothing else, but the CPW say it's her fault that the software isn't working, even though there is absolutely no damage to the phone. :-/

Would it be worth speaking to a manager? Or should she just go get it sorted herself?

ZENER

Just connect the phone to her computer where she installed the Blackberry software. It will find any updates available and install them for her.

Ken

BostonB

LyndaMcL wrote: »

...CPW say it's her fault that the software isn't working...

Get them to clarify that in writing.

Procrastastudy

LyndaMcL wrote: »

The BBM isn't like Skype, in that it isn't something you install. It's a part of the phone, it's unique to the phone.

No analogy is perfect but, I personally, believe they can get away with charging. I think you'd be hard pressed to prove a breach of consumer rights here. Pretty crap customer service - but massive charges for software updates isn't anything new and the biggest culprit, Apple, have a fanatical cult following

Looks like you will get some tech support from the lads here and sort it yourself so hopefully its all grand. You might want to get this thread moved or start a new one in one of the techy forums if one exists for this sort of thing.

Esoteric_

ZENER wrote: »

Just connect the phone to her computer where she installed the Blackberry software. It will find any updates available and install them for her.

Ken

Thanks guys, much appreciated. I know nothing about this sort of thing. I have no idea how to even use a Blackberry. :pac:

Will tell her to do what's mentioned above. Much appreciated guys.

Procrastastudy

No idea how up to date this is though...

grinder23

same thing happened a friend with CPW too, they were saying it was out of warranty and they wanted €180 to repair (it wouldn't turn on)

she brought in her receipt to prove it was less than 12 months old and they sent it again and they replaced the inside of the phone so she had a new imei number

wmpdd3

Exactly, as the phone is 11 months old the imei could be from 2010 so they are assuming it out of their warrenty.