phones 4 u

[bazak1]

my daughter took all her christmas money and purchased a brand new phone from phones 4 u, ( one of the swivel type phones, i think its called a samsung x800 or something ), and exactly 29 days later it had faults such as buttons wouldnt operate and swivel tunes went off or reset.
she took it back to the shop who said yes we can help but only send it away for repair.
my daughter wasnt happy about that, the main reasons being that 1, she didnt like the idea of someone else possibly looking through the information she has on the phone, such as photos, saved txts etc and 2, it meant she would be without a phone until it came back.
i wrote a complaint to their head office asking them to be a little lenient, as yes their rules are " if its faulty within 28 days you get a refund or exchange", but we are only talking ONE day over this limit for a child who has just given them £180-00, ( which is every single penny of her christmas money from relatives ), and i also explained that a particular member of their staff at the store was an ignorant idiot, and that NO-ONE in the store would provide us with head office details, ( am i right in thinking that all shops have to have a sign up in full view of customers with head office details on ). we had to find a customer services number, telephone them, explain the problem and they provided the address.
anyway, reply comes back but basically i am told the same, have it repaired or tough, buy a new one, and no mention of the staff who at the best resemble something from "are you being served".
this has been a few weeks ago now, but does anyone know if we can still do something about it, because my daughter is thinking of trying to save up and buy another one.

[Phonesurgeon]

yes basically that's the harsh truth. when the phone is sent for repairs what usually happens is that the new version of the software get "flashed" (installed) on the phone meaning that everything stored on the phone is lost. if that does not fix the fault then phones 4 u sends the phone to samsung lab for the proper repairs to be carried out.
The people working at phones 4 u are sales assistants who do not know anything about phones, same as carephone and warehouse(anouther happy [edited])

[buzby]

No, there's no requirement for any branch to have to provide a sign giving the HO address, but you'll always find iut on the in-store catalogue or a Google search. As to 'just being as day over' there is no flexibility, the networks will not accept returns for swaps over 28 days, it's not at the salesman's discretion, as he cannot conjure a replacement boxed phone and do a SIM swap, as the computer will not process the change and it cannot be overidden at branch level.

In all probability she will NOT get her own phone back, but the same model as a refurbished replacement, so unless she transfers here data tro a PC, it'll be gone forever. It's a shame she feels sh's to purchase a replacement, but under the sale of goods act, she IS entitled to a working phone, so let them at least try to do this, and if the next replacement is no better, it'll be time to make more stident demands.

[stabiloboss]

If an item breaks within a certain amount of time, despite the 28 day usual guideline, it can be argued that the product had an inherant fault (one present when supplied) and this gives you further scope to argue your point. Especially only one day out. Under the Sale Of Goods Act it deems that the product is not 'fit for it's purpose' and therefore a breach of contract. The 28 day rule is only a general rule, and if you fought harder (maybe familiarising yourself with the act) you may have a little more success. Alternatively, computer active magazine deals with similar question (usually PC related of course) with similar principles in it's consumeractive section and may be worth a flick through for an idea.

[cookie121]

A strange feeling of De javoo has just come over me. My son worked very hard over xmas to purchase the same phone, duely purchased it and a month later it developed a fault. the screen would freeze and require removing the battery to reset. I witnessed it, the salesman in the store witnessed it and agreed to send for repair.
Four weeks later nothing, so I contacted them. They say an engineer has looked, but is unable to find a fault. They require my son to pay for the return of the phone adding insult to injury.
I have told them that they had better have the phone retested with the evidence provided by the salesman who witnessed the fault and gave them 14 days to repair or replace the phone under my statatory rights. I am currently awaiting the 14 day period.
Under your stat rights an item must be fit for purpose ie fitness for all the purposes for which goods of the kind in question are commonly supplied, free from faults and not damaged at date of purchase, but also have reasonable durability.
The onas is on them, make them understand you know your rights set them tenable deadlines for action if they don't comply issue them with a letter before action by sign for delivery. I doubt it will get that far as they know you are right just flobbing off scares most away. good luck.

PS I will keep you informed through this thread of my progress.

[buzby]

As you say, it was over the month so a straight swap wasn't an option (the networks have allowed swaps based on the original receipt only). However, 'fit for purpose' is not the only criteria you have to contend with. If the service depot decrees the phone has been water damaged - a not uncommon scenario in this country of ours - all bets are off. There is no appeal, unless you can get another service centre to disagree.

[bazak1]

ok people this gets better.
this original thread was about the problems my oldest Daughter was having about her new Samsung phone. ( she has by the way given up on trying to do anything with it and is soldiering on with it until she can replace it ). I THANK YOU YOU FOR ALL YOUR COMMENTS ABOUT THAT.
but, ( oh yes, theres a but ), now my youngest Daughter has given me her Sony Ericcson mobile back after it developed a fault ( camera stopped working ), and i returned it to our catalogue (where it was purchased in november 06 ), and without question, they have refunded the cost of it to my account, which means all we have to do now is re-order to get a NEW phone, not a repaired one, or a refurbished one, but a brand spanking new one. now, the questions start......if purchased from a store, tough if it gets a default. you have it repaired and as buzby and phonesurgeon stated run the risk of not even getting your own phone back, or buy a new one. BUT.... if you purchase the exact same phone from a mail order catalogue and it develops a fault weeks and weeks later then send it back and BINGO...your account gains the cost of the phone and all you have to do is re-order a brand new one.
we wont be ordering ANY new phones direct from stores in the future. all that leaves me to do is look for that catalogue.....now where did i put it ?...........

[buzby]

As far as I am aware, the catalogue firms only deal with Boxed (as in pre-pay) product. The difference here is there's no contract commitment. and the phone can be dealt with under SOGA. So, obtaining a replacement for these is not the tortuous process as the phones themselves are usually not high-end models. Glad you got it sorted!

[jimbob2]

Originally Posted by buzby

No, there's no requirement for any branch to have to provide a sign giving the HO address,

Thats actually incorrect, any trading business has to display its registered office address somewhere in view. Could be in tiny print in corner of window or behind counter or something, but has to be there somewhere.

[buzby]

IN the bottom of a locked filing cabinet?

Have run a business, the only things I was legally required to display was a Public Liability Insurance Certificate, and the (then) Offices Shops & Railway Premises Act. Nowadays, there are additional Health & Safety notices, but there's no legal requirementr as to the display of a 'Head Office' address - but I'd be interested if you can point me to any legislation. Indeed, there's no legislation that requires firms to even display their own street number on their entrance/door - which I thought would have been more fundamental. Walk along Oxford Street in London and you'll see what I mean.

There IS a requirement for firms to display a Registered Office address and company number on their letterhead, but this is the only reference to enforced provision I can find.

[buzby]

As Thermometer points out - I have seen walls of nameplates within solicitors offices, each describing it as the 'Registered Office' of a particular company. This would be correct, as the formal Registered Office must be marked in this way, but any branch, shop or trading stall doesn;t have to (unless it happens to be the RO too!).

[cookie121]

After last phone call, stating my statatory rights and giving 7 days to comply, recieved letter 2 days later telling me the phone was ready for collection, so sorted!

[jimbob2]

Originally Posted by buzby

As Thermometer points out - I have seen walls of nameplates within solicitors offices, each describing it as the 'Registered Office' of a particular company. This would be correct, as the formal Registered Office must be marked in this way, but any branch, shop or trading stall doesn;t have to (unless it happens to be the RO too!).

My bad, just read through this and it appears I was wrong. Have seen many businesses display this in their windows however, though now I realise not an obligation to