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Been Threatened Badly by The Carphone WareHouse

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Hi Dear Sir/Madam




My name is Halit and I live in Exeter as a International Studen who studies English Law.


I would like to consult to you all about my terrible experiance with the Carphone Warehouse Branch which is in Exeter.




Basically, I made a contract on 13-11-08 and I have been trying to fixed my phone's manufacture's problem of camera faulty.. I have tried to take all options have been offered up to know because the 28 days are passed due to a believing by me to a basic person-officer.. The phone is sent for three times for repairing the problem but it still has the problem.. They do not exchange my phone with new one or offer me other phone options that I can choose as an exchange etc. (I have told that I can take them to the court of not doing what they need to the as I showed them my contracted.)




Here is my detailed stroy;


I made an 18 month contract on 13-11-08 (vie officer A) for Sony Ericsson Xperia which i was waiting for ages to be available in stores.




Just after I made the contract same day I faced with a Camera Faulty. The camera has been glitching when I try to take a picture since I bought it.




I went back to the store after one week of the contract date for an exchange which I have a right in 28 days if the phone has a problem. The Officer B told me that; you need to wait for an upgrade which I think will fix this problem easly. The officer B added that; "I used to work at a repair service, I can predict this is not a big problem and the software will fix it. IF NOT WE WILL EXCHANGE THE PHONE WITH NEW ONE OR WILL GIVE YOU A LIST OF PHONES THAT YOU CAN CHOOSE ONE OF THEM INSTEAD OF YOUR SAME SONY MODEL".




Then, I told him that how can I prove that they will exchange the phone, if the uprage does not fix the phone when 28 days are passed?




The Officer B's answer was: "I am giving you a VERBAL PROMISE that I will exchange it. I am here. Come and see me etc."




I should not trust him but I as long as I knew Britons are nice people, they have the HUMAN RIGHTS, CUSTOMER RIGHTS, DEMOCRACY etc. and I believed the Officer B.




After that, the upgrade became available after 28 days are passed and I installed it perfectly but it did not solve the problem out. I went back to the Store and I find Officer B for an exchange. When I spoke to him for 10 mins. he said: Ohh.. My mate.. It not good!!! The 28 days for an unconditionally exchange, are passed!!!




I tried to explain him what he told me but I could not persuade him to exchange the phone, because as a first year's Law Student learnt that Officer B's statements are NOT IN WRITING..




Althought, it was hard to adopted what he said, after a few minutes I over came what I was told and I asked him what are my options now in this situation in order to get the phone fixed or exchanged..


He said that "Well.. We cannot exchange phone now but what we can do is to send the phone for repairing".


I accepted that service as my sole chance.




When the phone arrived from its first try of being repaired, I went to the Store again and they gave the phone like they give a advertisement leaflet. I made the Officer B to sat in front of me to check the Phone. Then I saw that phone could not been repaired whereas they claim that repair guy test the phone and it is working!!! The problem was they did not do what a reasonable service guy could do.




I sent the phone to repair service for second time as an another officer observed that the problem was still existing so that an officer write some notes that says phone has not been repaired and the problem was expressed much clearly.




This situations experianced three times. The phone went for repair service three times and they could not repair the phone. Additionally, I could not have used the phone which I have been paying for, though...




The final situation was that I went to store to see that whether the phone was repaired! It was not repaired even though The officer C send the phone to Bristol Repair Service.. I asked them to exchange the phone and to see the other options of phone that I can select instead of the phone contracted.




Then the Officer C and D told me that they cannot exchange the phone. They said they just exchange the phone with the one which was broken or damaged before and repaired and works properly now. I said that I cannot accept this exchance because that is not what I have been paying for. I have been paying for a NEW BRAND phone and will accept the the exchange with formerly-priorly damaged and repaired.. When I asked the reason for it, they said their policy is changed!!! I said your current policy does not concern me. The policy when I signed the contract does concern me. The date of my contract start, the policy you had concerns me...




I think that in order to temporise me or gain time for something, they tried to speak with me with irrelevant subjects such as where am I from or what do I do in Exeter and when am I going to leave the City etc.




When I became angry and started to find my right with showing them my contract to show them what they need to do; I WAS TOLD THAT BY THE OFFICERS: “WE ARE NOT NOT GOING TO EXCHANGE PHONE WITH THE NEW ONE AS YOU TOLD BEFORE BECAUSE OUR POLICY IS CHANGED AND WE WILL NOT GIVE YOU ANOTHER OPTIONS ETC... TAKE US TO THE COURT” !!! !!! !!!




What can I do know!!!??? I went to a free advisor service, the lawyers told me that you have been threatened badly and you are right. Their behaviours like recist. They thought you are leaving soon as I said ( but for holiday ) so that they played with you etc....




Now I have sent the phone for repair service for fourth time to prove that they did not do what they should have done (exchange) and I am sure they cannot repair it this time as well. I asked another technicians about the problem, It sounds them, it is manufacture's problem which requires an exchange definitaly..




I do thank you to read my writing and I would be greatful if any of you can help me with this problem..




Please do not let me to ruin of my thoughts of What kind of country is England or is English People..








***PS: I do have all the repair forms both recieve and send and all persons names and the paper says that "THIS IS THE THIRD TIME IT BEEN AWAY AND FAULT NOT BEING FIXED THE CAMERA IS FAULTY"...!!!!!!!!!

Edited by Jordesh
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What a mess!


Carphone Warehouse does have a policy of exchanging handsets if the repair centre cannot repair the phone satisfactorily after three attempts. There is a UK law called the Sale Of Goods Act, which offers you considerable protection, but NOT after it has been sent away for repair.


You possibly were misled (either intentionally or unintentionally) by the CW staff member, but due to the language difference it is easy to see that the possibility of misunderstanding has taken place, making all verbal exchanges unreliable for evidentiary purposes.


Your contract, only covers your SIM card, that is the network service - NOT the phone (which would have been covered under the previously mentioned Sale Of Goods Act), but once you accept the offer of a repair, your right to a replacement 'new' handset is lost, and you then have to work with the shop on the best solution.


Your priority is a working phone - and sadly, you have no right to a new one at this stage, but your warranty remains, in that you should have a working phone, and this will be for a minimum of 12 months, so CW remain obligated to you to provide you with a satisfactory repair or replacement (a replacement may e the same model, known in the trade as 'refurbished' which is 'as new' with your original warranty being transferred to it.

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Thank your for your comments, but as I said I was not offered any exchange before I accepted the repair.. Do you see the game in this situation..? :(


So what I can do is nothings right? :(

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They key here is that it would be most unlikely you would be 'offered; a new replacement, it is always left to the consumer to demand this, rejecting the offer of repair. Once that decision has been made, the clock cannot be turned back to get to ths position again (legally).


So, whilst you now cannot insist on a new replacement, CW's own rules will mean that if the item remains unrepairable, they will authorise a replacenent - to keep on pursuing them, and you'll hopefully end up with a satisfactroy solution without resorting to a Small Claims action against them.

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