Carphone Warehouse - faulty phone - Small claims court

Toast4532

Hi,

Earlier this year (Jan) I purchased a phone from Carphone Warehouse, within 2-3 weeks I had to have the phone replaced as it was faulty.

Within three months I had to have the phone sent for repair and almost eight weeks after sending the phone away the first time, it had to go for a second repair.

I got the phone back last week and again I am having more issues with it.

At this stage I am absolutely fed up of this phone and the hassle it is causing.

One replaced, two repairs and I am still having trouble with it.

I am going into them tomorrow and while they'll say it needs to be sent for a third repair - I don't want to send it for a third repair as I don't think it will make a blind bit of difference to the phone considering both repairs haven't been permanent and it is a replacement phone, which suggests that the phone isn't a good phone and it's not fit for purpose.

I am going to into them and I'm going to request a refund, although it is doubtful I will get one.

If they refuse and I have to go through the small claims court, do I have to tell them tomorrow or should I send them a registered letter (keeping a photocopy for myself) and give them ten working days to refund me and if not, then I will file a claim with the small claims court?

Can I request that they reimburse me the fee of E25 if I do have to go through the SCC? I am aware that they don't have to pay it back, but can I even request that they reimburse me for it?

If it does end up going to court (doubtful) are they liable for my legal fee's? As I don't have the money myself to pay for a solicitor. I know I'm getting ahead of myself with this question, but I'd like to have a good idea so I can prepare myself for the worst.

I would really appreciate any help as I have never had this problem before so I am a little unsure.

Procrastastudy

Toast4532 wrote: »

Hi,

Earlier this year (Jan) I purchased a phone from Carphone Warehouse, within 2-3 weeks I had to have the phone replaced as it was faulty.

Within three months I had to have the phone sent for repair and almost eight weeks after sending the phone away the first time, it had to go for a second repair.

I got the phone back last week and again I am having more issues with it.

At this stage I am absolutely fed up of this phone and the hassle it is causing.

One replaced, two repairs and I am still having trouble with it.

I am going into them tomorrow and while they'll say it needs to be sent for a third repair - I don't want to send it for a third repair as I don't think it will make a blind bit of difference to the phone considering both repairs haven't been permanent and it is a replacement phone, which suggests that the phone isn't a good phone and it's not fit for purpose.

I am going to into them and I'm going to request a refund, although it is doubtful I will get one.

If they refuse and I have to go through the small claims court, do I have to tell them tomorrow or should I send them a registered letter (keeping a photocopy for myself) and give them ten working days to refund me and if not, then I will file a claim with the small claims court?

Can I request that they reimburse me the fee of E25 if I do have to go through the SCC? I am aware that they don't have to pay it back, but can I even request that they reimburse me for it?

If it does end up going to court (doubtful) are they liable for my legal fee's? As I don't have the money myself to pay for a solicitor. I know I'm getting ahead of myself with this question, but I'd like to have a good idea so I can prepare myself for the worst.

I would really appreciate any help as I have never had this problem before so I am a little unsure.

The €25 you are stuck with you have to pay for that. The purpose of the SmCC is to avoid the need for solicitors so you don't need to worry about that.

The issue maybe though - are you on a contract? I'm not sure how it all works in relations to bill-pay whether or not you are able to get out of the contract.

Toast4532

Procrastastudy wrote: »

The €25 you are stuck with you have to pay for that. The purpose of the SmCC is to avoid the need for solicitors so you don't need to worry about that.

The issue maybe though - are you on a contract? I'm not sure how it all works in relations to bill-pay whether or not you are able to get out of the contract.

Thanks so much for your quick reply.

Not on a contact, bought a pre-pay phone and all I want is the money I paid for it to be refunded.

Procrastastudy

Toast4532 wrote: »

Thanks so much for your quick reply.

Not on a contact, bought a pre-pay phone and all I want refunded is the money I paid for it.

Golden then - Letter - ten days to respond at €100 refund - otherwise you will initiate SmCC procedure which at that point you'll be looking for €125 to settle 'out of court'.

It's possible they may just ignore it and you will only see the €100 back. But if they do ignore it you won't be under any (legal) obligation to return the handset. Alternatively they'll fight it and you may end up with nothing/€100 refund less the €25 fee.

DON'T start another thread but I suggest you report your own thread and ask for it to be moved to the Carphone Warehouse forum.

Sometimes I wish there was the option to launch Class action suits in Ireland - if a few hundred people got together at €100 each we'd have a case that would get to the High Court - hopefully get reported on - and retailers would stop taking the micky with repairs. What I really don't understand is if there are so many issues with mobiles - why not get the repair times down to a couple of days - people wouldn't mind quite so much then. /rant off

Toast4532

Procrastastudy wrote: »

Golden then - Letter - ten days to respond at €100 refund - otherwise you will initiate SmCC procedure which at that point you'll be looking for €125 to settle 'out of court'.

It's possible they may just ignore it and you will only see the €100 back. But if they do ignore it you won't be under any (legal) obligation to return the handset. Alternatively they'll fight it and you may end up with nothing/€100 refund less the €25 fee.

DON'T start another thread but I suggest you report your own thread and ask for it to be moved to the Carphone Warehouse forum.

Sometimes I wish there was the option to launch Class action suits in Ireland - if a few hundred people got together at €100 each we'd have a case that would get to the High Court - hopefully get reported on - and retailers would stop taking the micky with repairs. What I really don't understand is if there are so many issues with mobiles - why not get the repair times down to a couple of days - people wouldn't mind quite so much then. /rant off

Thanks so much.

If they refuse to pay the E125 but offer to refund the E100, should I just accept that? I'm guessing yes?

At this stage after all the trouble I have had I just want it over and done with. I'm just sick of it with them. The three repair policy is a joke.

A repair should be permanent so only one repair should be needed, not two, and definitely not three.

Procrastastudy

Toast4532 wrote: »

Thanks so much.

If they refuse to pay the E125 but offer to refund the E100, should I just accept that? I'm guessing yes?

At this stage after all the trouble I have had I just want it over and done with. I'm just sick of it with them. The three repair policy is a joke.

A repair should be permanent so only one repair should be needed, not two, and definitely not three.

Well hopefully they'll offer €100 within the ten working day deadline before you initiaate the SmCC procedure. After that its up to you really. I'd personally make them go to the SmCC if they made me waste €25.

If they don;t turn up that's another registrar that has there number (pun intended) next time someone else takes them to the SmCC. If they turn up and loose similarly the registrar may remember them next time someone has to make a SmCC claim. Thats not to suggest that SmCC registrars are anything but fair, impartial and professional.

With any luck they'll send a solicitor - when companies do that it may annoy the Judge. I'm aware of a District Court case where the judge (under his breath but audibly) sighed 'Barristers' in a p!ssed off tone when he entered the court to see a wig and caped duo in front of him. Generally District Courts would only see solicitors - of course thats a sweeping generalisations but in return for responding to your posts I get to bore you with my crap second hand anecdotes.

Ken.

Procrastastudy wrote: »

Golden then - Letter - ten days to respond at €100 refund - otherwise you will initiate SmCC procedure which at that point you'll be looking for €125 to settle 'out of court'.

It's possible they may just ignore it and you will only see the €100 back. But if they do ignore it you won't be under any (legal) obligation to return the handset. Alternatively they'll fight it and you may end up with nothing/€100 refund less the €25 fee.

DON'T start another thread but I suggest you report your own thread and ask for it to be moved to the Carphone Warehouse forum.

Sometimes I wish there was the option to launch Class action suits in Ireland - if a few hundred people got together at €100 each we'd have a case that would get to the High Court - hopefully get reported on - and retailers would stop taking the micky with repairs. What I really don't understand is if there are so many issues with mobiles - why not get the repair times down to a couple of days - people wouldn't mind quite so much then. /rant off

There is no carphone warehouse forum

Toast4532

Procrastastudy wrote: »

Well hopefully they'll offer €100 within the ten working day deadline before you initiaate the SmCC procedure. After that its up to you really. I'd personally make them go to the SmCC if they made me waste €25.

If they don;t turn up that's another registrar that has there number (pun intended) next time someone else takes them to the SmCC. If they turn up and loose similarly the registrar may remember them next time someone has to make a SmCC claim. Thats not to suggest that SmCC registrars are anything but fair, impartial and professional.

With any luck they'll send a solicitor - when companies do that it may annoy the Judge. I'm aware of a District Court case where the judge (under his breath but audibly) sighed 'Barristers' in a p!ssed off tone when he entered the court to see a wig and caped duo in front of him. Generally District Courts would only see solicitors - of course thats a sweeping generalisations but in return for responding to your posts I get to bore you with my crap second hand anecdotes.

Thanks so much.

If I do have to send them a letter, I would send it via registered post, as that way I would have proof it had been sent and received (signed for).

Procrastastudy

Toast4532 wrote: »

Thanks so much.

If I do have to send them a letter, I would send it via registered post, as that way I would have proof it had been sent and received (signed for).

I would.

Please be aware my assertions are based on very little real experience of the SmCC procedure. I've been on the receiving end of it once and had some feedback from people who have used it but thats all.

foggy_lad

Clear and basic advice is better than rambling on about district court and solicitors and barristers in the small claims court! All that talk is more like scaremongering and seems to be biased in favour of retailers/companies.

OP you should write to car phone warehouse, to the store manager of the shop you are dealing with stating what has happened so far and telling them you don't accept their offer of a third repair as after two previous attempts you have no confidence in their ability to have the phone repaired. You should then request a different form of redress as allowed by your statutory rights so either a replacement or a full refund. As you have already had a replacement you are being reasonable in refusing a second replacement and requesting a full refund.

Ask them to respond within ten days or you will send in the forms you have already filled out to the small claims court. Give them ten days and if you don't get satisfaction send off your SCC application.

Procrastastudy

foggy_lad wrote: »

Clear and basic advice is better than rambling on about district court and solicitors and barristers in the small claims court! All that talk is more like scaremongering and seems to be biased in favour of retailers/companies.

/sigh Foggy 90% of what you come out with is great advice there is about 10% of it that is utter non-sense though. Utter non-sense I might add we've discussed before. Example above italics fair comment, Bold just ridiculous looking at my previous posts. May I also point out your own bias which is never to suggest that there can be any consequences for the plaintiff party - in fact you attack the posts (mainly mine) which suggest there might be.

Perhaps what we haven't discussed before is my posting style - you're entitled to your opinion but two things won't change.

1) I qualify my remarks - not to do so in my opinion is irresponsible.
2) I ramble - no defence to that in fairness.

dudara

Procrastastudy wrote: »

DON'T start another thread but I suggest you report your own thread and ask for it to be moved to the Carphone Warehouse forum.

Please leave the modding to the moderators. In addition, there is no Carphone Warehouse forum.

dudara