Issues with Meteor/Samsung

KatieBelle92

Hi guys

So looking for some advice about a phone issue.

I'm a meteor bill pay customer and I upgraded to a Samsung S7 a few months ago. Last week the display on the phone went so I brought it into Meteor and they sent it away. They had no standby phone to offer me and the phone was gone for over a week.

I collected it today and I noticed it looks like a completely different phone (a couple of small scratches on the front have disappeared and there's some scratches on the top that were not there before plus a mark on the middle button is gone) but I checked and the IMEI is still the same. Anyway I turned the phone on and it was lagging and not responding well at all. Then it suddenly got extremely hot and turned off and now it won't turn back on.

None of these issues were present before I sent the phone away, the screen was just faulty on it. I picked the phone up just before the Meteor shop closed so I have to wait till tomorrow to go back into them.

Since they've already sent it away once can I insist on a replacement? It's very frustrating paying my bill (which is quite high) and insurance and having to be without a phone for so long. I was convinced they had replaced the entire phone with a different one which is obviously also faulty but I must be wrong if the IMEI is the same.

Any advice??

njs030

Unfortunately all you can do is take it back again and show them the new problems. It's very strange that it has a whole new set of issues!

It's still up to the retailer if they want to repair or replace it and then probably will choose to repair it again though if there's a third problem they are more likely to offer a replacement.

njs030

http://www.consumerhelp.ie/faulty-goods

You didn't say exactly how long you've had the phone and because it's a different fault it might not help but have a read of the repair section of that link.

theteal

You can insist on a replacement OP but it's unlikely to get you anywhere - they have a fairly solid policy which not even the store managers can't divert from easily. They're going to offer you another repair.

Under the Sale of Goods Act, any repair must be permanent. Go back and have a chat with the shop and let them know you're not willing to send it for another repair as it's not reasonable to expect a newly repaired phone to be even more faulty (faith in the repair company diminished also). See if they can escalate it up the chain.

If no joy there, send a registered letter to HO stating how they are denying your consumer rights and how you would like a replacement or refund within 10 working days before you open a case with the Small Claims Court. This may take a bit of time but I'd wager you won't have open your case with the SCC.

Either way, I would not be leaving it in for repair again. Stay calm in the shop and be willing to sacrifice a bit of time to see your consumer rights satisfied. The staff in the shop have no power to do anything other than follow a procedure set by people in upper management who never have to face a frustrated customer.

WildCardDoW

theteal's response is pretty much bang on the money. They don't *have* to replace your phone with a new one because of this incident, so their policy will be to try a repair again.

Most operators have a "three attempts" rule where they will try to repair the phone three times, since repairs are expected to be permanent this is a bit of a stretch in their obligations to you.

You might get some traction in a proper "in store" replacement now that you've attempted repair once and it failed but it's not a guarantee.

If you don't get anywhere in store or via their Head Office then SCC is your only option.

The whole "temporary" phone thing is an odd one. I see a lot of people mentioning it on here, why do people expect this from retailers while their phone is being repaired when we don't expect it in most other devices / equipment? (aside from perhaps motor vehicles)

theteal

WildCardDoW wrote: »

The whole "temporary" phone thing is an odd one. I see a lot of people mentioning it on here, why do people expect this from retailers while their phone is being repaired when we don't expect it in most other devices / equipment? (aside from perhaps motor vehicles)

Just on that (although a bit OT), I can see the logic in expecting a loaner. The customer continues to incur a charge as the billpay sim is still active whether it's used or not. Most other stuff that develops a fault is not incurring a charge while you wait to get it fixed.

WildCardDoW

Good point, due to the Bill Pay contract you are incurring a charge.

But I'm not sure if there's anything in law that guarantees you will get one, as you said this it OT but just another thing for OP to keep in mind.

njs030

theteal wrote: »

Just on that (although a bit OT), I can see the logic in expecting a loaner. The customer continues to incur a charge as the billpay sim is still active whether it's used or not. Most other stuff that develops a fault is not incurring a charge while you wait to get it fixed.

It's not reasonable to expect a loan phone for every single customer and it's a goodwill gesture if it's available. There's nothing in any contract that says it's expected.

Bills are paid on the sim and number not on the handset.

BeardySi

theteal wrote: »

Just on that (although a bit OT), I can see the logic in expecting a loaner. The customer continues to incur a charge as the billpay sim is still active whether it's used or not. Most other stuff that develops a fault is not incurring a charge while you wait to get it fixed.

But the service is still available to you. There's nothing preventing you putting your sim in another phone while yours is away for repairs.

L1011

Treadhead wrote: »

But the service is still available to you. There's nothing preventing you putting your sim in another phone while yours is away for repairs.

If you have one. Phone may be a first - unlikely as that seems; old phone could be broken or stolen; old phone could have been donated or gifted.

Even with a pile of handsets here, I had to get another SIM to get the little shim to use a nano SIM in one when my current 3 odyssey started (3 have until the 27th to reply to the district court after a clearly vexatious request for documents I could prove they had; more in time...)

I would personally feel retailers (who are often the network) should provide loan phones - and CPW at least used to for a refundable deposit. Doubt there's anything to even hint at a legal requirement for same, though.

People usually expect loaners for repair of other things they usually have a single one of and/or rely on for work - cars and vans being the ultimate there.

ED E

I would consider a replacement handset as an SLA feature. If you want it, pay for it.

Its murky because its a single contract but really there are two simultaneous actions:
A device on a finance plan
A service

They're distinct and pragmatically you can get a feature phone for €20.

TerrorFirmer

I would imagine if you took this to the small claims court if Meteor are unsatisfactory, you would win your case. Repair, replace, refund is at the retailers discretion but if the repair is carried out and subsequently fails you'd have a strong case for another remedial option ie replace or refund.