mobile phone woes advice needed please

[jimmy mumu]

my wife bought a mobile phone from currys , 6 weeks later it was totally dead. took it back with reciepts and everything that came with it. my wife wanted a refund they said that was not thier policy but would repair it. 5 weeks later no phone and no refund. what do we do next. thanks

[edinburghbeerbucket]

I can't remember if this policy applies to mobiles as well, but generally if your repair takes more than 6 weeks the store should give you a brand new one instead.

[daughey]

It's actually Mastercare (don't get me started), who have a 6 week repair policy. Odds are that this is who Currys have outsourced their repairs to, so even though you don't have a Mastercare policy (I hope) it'll be Mastercare dealing with it. Their policy from that if it's not fixed properly within 6 weeks, they will write it off. I know this because I've invoked the clause before. I no longer have the paperwork so I can't check the small print which included more favourable terms if you had the product for less than 12 months.

Invoking the 6 week rule can have a down side of it taking bloody ages from the moment it's written off until you get your vouchers. (yes, vouchers not money). Plus the write off is based on the "now" value of a similar product with the same features. Thus if you bought a phone that has now been discontinued, they will offer you less for it.

I suspect given the short time you've had the phone you're in a good position to get a full refund. I think their own policies actually work in your favour, but I don't have the documentation to check for you.

Even setting their own policies aside, there's the glaringly obvious lack of durability. The Sale of Goods act will help with this.

One thing which may complicate the issue is whether or not the phone is pay-as-you-go or monthly contract. If it's monthly, then you're being charged line rental on a phone you're not in possession of. You will need to point this out to Currys and if it comes to it, add the costs of this to your claim.

[jimmy mumu]

hi its a payg phone. seems bizarre to me that you purchase an item use it 4 times and it breaks and they dont offer a refund. absolute madness if you ask me

[big blue one]

if it is within guarantee it is currys policy to exchange if the repair takes longer than 28 days. this is a fact. after 4 weeks you can walk into the shop and demand a new one. after the 12 months guarantee if under coverplan it is 6 weeks, if under whatever happens, it s 3 weeks.

[edinburghbeerbucket]

Originally Posted by big blue one

if it is within guarantee it is currys policy to exchange if the repair takes longer than 28 days. this is a fact. after 4 weeks you can walk into the shop and demand a new one. after the 12 months guarantee if under coverplan it is 6 weeks, if under whatever happens, it s 3 weeks.

You're right... 28 days under warranty, 6 weeks if it's coverplan. If I remember correctly, they can exchange it in-store without you having to wait for vouchers &c.

Originally Posted by daughey

It's actually Mastercare (don't get me started), who have a 6 week repair policy.

Mastercare is owned by DSGi (Dixons Stores Group international).

[edinburghbeerbucket]

Originally Posted by big blue one

if it is within guarantee it is currys policy to exchange if the repair takes longer than 28 days. this is a fact. after 4 weeks you can walk into the shop and demand a new one. after the 12 months guarantee if under coverplan it is 6 weeks, if under whatever happens, it s 3 weeks.

You're right... 28 days under warranty, 6 weeks if it's coverplan. If I remember correctly, they can exchange it in-store without you having to wait for vouchers &c.

Originally Posted by daughey

It's actually Mastercare (don't get me started), who have a 6 week repair policy.

Mastercare is owned by DSGi (Dixons Stores Group international).

[jimmy mumu]

i wish that was the case, got a phone call thursday saying phone was returned to the shop fixed but when i went to pick it up it was still faulty. no offer of an exchange or refund just sent back for more repairs. this is crazy told them i wasn't happy but it meant nothing to them. is there someone higher up i can take this to. thanks again

[daughey]

The duration of the repair starts when you first submitted it for repair. So the 28 days or whatever isn't each time you bring it back. Only from the first one. Once the 28 days is reached their own policies require a replacement. But these are in addition to your rights not instead of.

Obviously it would save everyone a lot of hassle if they just exchanged it now instead of you getting so annoyed with them that you end up going for a refund (if you're prepared to issue proceedings of course as DSG are highly uncooperative until they're served papers)

One trick a friend of mine has tried is standing outside the shop telling all the potential customers of her plight, who in turn didn't go into the shop. She got what she wanted in the end, but the store manager barred her - not that she cares.

If you bought on credit card, don't go and collect the phone. Call the credit card company telling them you've returned the phone as faulty and you want your money back (Consumer Credit Act makes credit card companies equally liable if anything goes wrong). The fact the phone is with DSG strengthens your possition.

I am of course basing this on my current plight with a washing machine - when I informed Amex of the dispute they told me they could issue a refund if I wasn't in possession of the washine machine. Hopefully you'll have more luck.

[chesham]

True enough about buying it on your credit card, but only if the value was between £100 and £30,000 - this is in the Consumer Credit Act 1974 Section 75 - very useful, which is why using a credit card sensibly can have it's benefits!
Please note this protection is *not* available if you paid by cheque or with a debit card, the reason being simple - it is not generalised credit, so cannot be covered by a Consumer Credit Act!

The effect of Section 75 of the Consumer Credit Act 1974 is that when a lender provides credit to finance a purchase from a separate supplier pursuant to pre-existing or contemplated future arrangements with that supplier, the lender is equally liable with the supplier for any breach of contract or misrepresentation by the supplier if all of the following conditions are met:

• the cash price of the item is over £100 but not more than £30,000
• the credit agreement is regulated, ie generally where not more than £25,000 of credit is advanced to an individual (includes sole traders, partnerships and unincorporated bodies)
• the creditor is in the business of granting credit and the agreement is made in the course of that business
• the credit is advanced under the arrangements between the credit grantor and the supplier, so that a bank overdraft arranged by an individual to pay for an item is not covered.

The Sale of Goods Act still applies to your case, and as the fault was found within the first 6 months, it is up the the supplier (aka the vendor) to prove the fault was not apparant when the purchase was made.

The phone appears to be faulty, and from the date of purchase also. Therefore, you are entitled to a refund or replacement under this act; the phone was not fit for the purpose intended.

Stand your ground with the store, speak to the manager and advise him of his duty under the sales of goods act. Advise him that you are willing to take the matter further should he not resolve your situation, on a matter of principle and to gain awareness of consumer rights.

If you go to Her Majesty's Courts Service - Home and download the N1 form, fill it out and take it with you - although it's not stamped or in process, it can be enough for some action to be taken as the store manager won't want his area/regional manager finding out about this!

Keep daily contact with the store, and log the person you spoke to, times you spoke to them and keep a record of this.

The above advice should at least step things up a gear - just remember that you are a consumer and retailers are making millions from consumers giving in and thinking they have the power of the brand behind them so everything they say is the gospel!