Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default T-Mobile faulty phone 5 months old

    bought a phone from t-mobile costing 200 quid - five months later the phone crashed deleting all numbers in my phonebook and the only way i could call was if i had a txt messgae in my inbox

    took the phone into the branch - explained the predicament to the store assistant - she explained they'd send the phone away for repair - i explained i didnt want a repaired phone that id paid for a brand new phone which should last up to 1 year under manufacturers guarantee - i demanded a refund and quoted the sale of goods act - where items should be of a satifactory condition and fit for purpose up to six months after purchase

    the manager then approached and told me he would send the phone for analisis - i agreed but stated to the manager that i did not want them to carry out the repair as i would like an independant investigation - he wrote on the analisis sheet - DO NOT REPAIR - in the meantime he offered me a 39.99 phone so i could still receive calls - i refused this and still demanded my refund - as i saw this as an insult to my 20 year custom (previous one2one)

    Two weeks later the phone came back repaired and they called me to say my repaired phone was ready to collect, i asked why they had repaired the phone, they sai nokiaicon had done it - i explained this as against my wishes and that they had broken my agreement of analisis only - i contacted their head office and the pa to the managing director - they became very abusive and even blocked my mail - telling me that the phone was there to pick up - this was two years ago - where do i stand ? any help ?

    BTW im now with O2 - but i just wanna kick em in the b*lls if i can


  2. #2
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    Default Re: T-Mobile faulty phone 5 months old

    Essentially you would not be entitled to a refund or replacement even if the phone was faulty even after a independent investigation. Whilst they shouldn't have repaired the item when you have requested them not too I don't see you suffering any loss for the repair.

    Under the sales of goods act 1979 (as amended) the product should be of a satisfactory quality, however after a reasonable period of time under section 48A-F it would be up to the retailer to decide whether to offer a repair or replacement.

    For any financial compensation you would need a financial loss which from reading the above I see little. I don't see why you are angry that you got a fixed phone back.

    I am happy to offer helpful advise in many consumer problems based on my retail experience. I do not represent any company, and any advise I do offer is my opinion and how I understand the law. I have no authority to create any terms for any company I do work for and will just nudge you in the right direction without breeching their trust.

  3. #3
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    Default Re: T-Mobile faulty phone 5 months old

    And why has it taken two years for you to deal with this?

    I can only ditto what blitz has said.



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    Default Re: T-Mobile faulty phone 5 months old

    As a note when electronics get sent off even for analysis it is very common for the analysis tools to also reset the phone software. Describing the fault above it sounds like a software problem and something that is done even when a repair has not been requested.

    I am happy to offer helpful advise in many consumer problems based on my retail experience. I do not represent any company, and any advise I do offer is my opinion and how I understand the law. I have no authority to create any terms for any company I do work for and will just nudge you in the right direction without breeching their trust.

  5. #5
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    Default Re: T-Mobile faulty phone 5 months old

    it was only last year that i bought the phone - sorry for being very busy at work and for not knowing bout this site until now

    my understanding of the sale of goods act - is that should the item be faulty in the first six months - it is up to the retailer to prove it wasnt faulty at point of purchase - thereby entitling me to a full refund

    surely in todays technological age electric or telephone equipment should last longer than 5 months before crashing

    ive still got my zx spectrum, my simon, my atari - all in full working order
    my walkman, my playstation, my xbox and my wii, my laptop, my commodore pc - all still working and never needed an upgrade or repair

    WHY SHOULD I ACCEPT A REPAIRED PHONE - I PAID 200 QUID FOR A BRAND NEW PHONE IN FULL WORKING ORDER - who's to say that at the turn of the year the phone mysteriously develops the same fault and i have to pay because its past its manufacturer's year, i also paid money in top ups to use that phone and was a supposed valued customer for over 15 years and was inconvenienced to the fact that i lost vital numbers and many business calls who could not reach me


  6. #6
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    Default Re: T-Mobile faulty phone 5 months old

    The six months reverse burden of proof is only that and is not related to getting a refund which uses a different section of the act. You are only allowed a refund up to the point where you accept the product (Which is done by keeping the product for a reasonable period of time most companies like to think this is 30 days).

    I can understand that a repair is not in everyone's best interesticon but do remember that the SOGA is also not related to that manufacturers guarantee and essentially is valid for 6 yearsicon (Though you need to take into account how long a product can be expected to last).

    Your also only covered as a consumer not a business for the goods for a repair so would not be able to claim any lost business for that purpose (unless brought as a business phone where damages could be sought)

    I am happy to offer helpful advise in many consumer problems based on my retail experience. I do not represent any company, and any advise I do offer is my opinion and how I understand the law. I have no authority to create any terms for any company I do work for and will just nudge you in the right direction without breeching their trust.


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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE