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Small claims court

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  • 16-10-2013 9:15pm
    #1
    NBO
    Registered Users Posts: 64 ✭✭


    I've decided to resort to small claims court in relation to an issue with my HTC phone. However I'm unsure who to name as respondent. I purchased the phone through a vodafone store as I was a vodafone customer at the time. In May i switched network from vodafone to meteor and eventually was released from the vodafone contract in July. As my phone wouldn't read the meteor sim card vodafone referred me to HTC. I have sent the phone to HTC 6 times and to date the issue remains unresolved. HTC have suggested returning the phone for another "repair" however my patience has run out. Is it Vodafone or HTC I name as respondent?


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    #2
    Time
    Registered Users Posts: 993 ✭✭✭Time


    NBO wrote: »
    I've decided to resort to small claims court in relation to an issue with my HTC phone. However I'm unsure who to name as respondent. I purchased the phone through a vodafone store as I was a vodafone customer at the time. In May i switched network from vodafone to meteor and eventually was released from the vodafone contract in July. As my phone wouldn't read the meteor sim card vodafone referred me to HTC. I have sent the phone to HTC 6 times and to date the issue remains unresolved. HTC have suggested returning the phone for another "repair" however my patience has run out. Is it Vodafone or HTC I name as respondent?

    Were you referred to HTC by Vodafone, or did you decide to contact them yourself? If you haven't actually approached Vodafone with the issue, then an SCC claim is useless as they haven't had an opportunity to resolve the issue for you.

    However if they were the one's who directed you to HTC, and are refusing a refund or replacement (the repair was not permanent so you are now entitled to one of these) then you should name them as the respondent and give the address as the address of the shop not their head office, as this is where the contract was formed. .


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    #3
    NBO
    Registered Users Posts: 64 ✭✭NBO


    Time wrote: »
    Were you referred to HTC by Vodafone, or did you decide to contact them yourself? If you haven't actually approached Vodafone with the issue, then an SCC claim is useless as they haven't had an opportunity to resolve the issue for you.

    However if they were the one's who directed you to HTC, and are refusing a refund or replacement (the repair was not permanent so you are now entitled to one of these) then you should name them as the respondent and give the address as the address of the shop not their head office, as this is where the contract was formed. .

    Thanks for the response. Vodafone suggested I contacted HTC however your post has prompted me to contact Vodafone again. I haven't been in contact with Vodafone since I initiated contact with HTC. I have switched from vodafone as network provider but that shouldn't affect this issue (i'm hoping!!). Thanks for your help


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    #4
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    There are only two parties in the contract of sale and they are you and the Vodafone shop where you bought the handset. If you take a case against anyone else t will fail.

    Vodafone will try to state that they are no longer responsible as you are no longer their customer but this is rubbish, they will also try to state that the handset is only for use with a Vodafone sim on the Vodafone network but again this is rubbish and will not stand up.


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    #5
    Stinicker
    Banned (with Prison Access) Posts: 7,102 ✭✭✭Stinicker


    Your cases sounds similar to a situation I had to deal with two years ago with Three.

    http://www.boards.ie/ttfthread/2056415717/1

    Your case is between you and the Vodafone Store which you purchased first day from as foggylad pointed out.

    Your consumer rights have been violated as per the

    The Sale of Goods and Supply of Services Act, 1980
    http://www.consumerhelp.ie/faulty-goods

    Repair
    If you request a repair of a faulty product instead of rejecting it, it should be a permanent repair. If the same fault occurs again, then you should be entitled to a replacement or refund. If you are not happy with the retailer’s offer to repair the item, you can reject it. But if you do this, you may have to use the Small Claims process if you want to take the matter further.
    Remember, the retailer may charge you for the repair if you have been responsible for the damage to the product.


    You should now be pushing them either for a refund on the cost of the phone or for a replacement, if the phone is an old model and no longer available they will have to give you a new similar model. Eg. if it was an iPhone 4 16 which is no longer available they would have to give you an iPhone 5 16GB instead or most likely they would offer the cash price for a new unlocked similar model.

    Go to the store where you originally bought the phone and make them aware that after 6 repairs they have infringed your rights, demand a replacement or refund and if denied then go to the Small Claims Court, it costs €25 but is well worth it as I found out myself back in 2011/early 2012.


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