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tspkm

Mobile phone bought from Phones4U question

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I bought a mobile phone from phones4U from one of their stores on Tuesday.

 

It was bought Sim Free.

 

However looking at the pictures on the memory card today i have found two photo's taken instore, Which means that the phone has been taken out of the sealed box and used and re-sealed, Is this allowed?

 

I just don't like the idea of people messing with my phone when it is supposed to be new and unused and bearing in mind it cost me over £400.

 

If i wanted to could i take it back for a refund?

Edited by tspkm

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Guest Old_andrew2018

IMHO they will reject your request for a refund, as the telephone has no faults.

 

Andy

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Cheers for your reply andrew.

 

Can i take the item back anyway? As it was only bought two days ago and surely Phones4U have some kind of return policy where you can get a refund?

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There is some info on their website: Phones 4u - FAQ's - Returns And Exchanges

 

From a quick scan, it looks to be related to purchases made via their website. There may be other pages covering the T&Cs of shop-bought items.


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Guest Old_andrew2018

If purchased on-line yes its 7 days, you would need to look at terms and conditions I assume you had a copy with your invoice

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I had exactly the same issue with them (amongst many others). If they want to give demos then they should use demo phones, not ones that they intend to flog.

 

By no providing a new phone, they have failed to supply an item meeting a description ("new"). I would argue that new means unused / unopened.

 

Thankfully, P4U are on an undertaking so definitely report this to Consumer Direct or Trading Standards.


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Thankfully, P4U are on an undertaking so definitely report this to Consumer Direct or Trading Standards.

 

 

I'm helping a friend whose phone fell apart after 4 months. (The slider mechanism literally just worked loose and the top becam detached from the bottom. A simple fix which needs no new parts).

The phone broke late May 2009.

It was returned to the shop.

Four days later my friend contacted the store (Northfield) and found it hadn't been sent for repair so he collected it and took it to Halesowen branch.

Halesowen sent it for repair and yes you guessed it Phones 4U have claimed it was due to negligence.

Too support their claim there are two large dents in the casing and the corner is dented and they claim the phone was dropped.

Despite the shop staff admitting these dents weren't on the phone when it was handed in (one dent could only be caused AFTER the phone was in two pieces) phones 4u are adamant that my frieend caused the damage so has to pay for the repair.

The phone was then sent to head office where it has disappeared.

Their legal team (in response to our complaints,and correspondence from staffs trading standards) claim that the onus is on my friend to prove the damage was not caused negligently and have stated they will only consider the repair if he provides them with an engineers report stating contrary to phones 4u's own engineers report.

 

 

Difficult since phones 4u have made the phone disappear.:|

 

In response to our claims under SOGA, Mr Green of Phones 4U has written stating that since the phone was more than six months old it's my friends liability. The phone was purchased on 31st December 2008 and handed in originally in My 2009 (you do the maths).

In short a company to be avoided at all costs IMO.

 

They might be on an undertaking but both TS and OFCOM are aware of our case and phones 4u don't give a flying fig because they know no enforcement of the undertaking is likely in 100 years.

 

My friend is now into the third month phoneless county court is the next step. I'm sure he'll win on the maths alone but how long is a person expected to be without a 'phone (and still pay the contract each month)?


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But when people notify TS or CD then the evidence is there that P4U are breaching the undertaking and then action can be taken. I really cannot stress that enough. I know it may not assist purely in your own case, but it helps everyone.


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I agree with what you have said Gyzmo, They should not sell a phone as brand new when it has obviously been used for demo purposes to show people the phone.

 

I should write to head office and demand a full refund and inform them that i am considering contacting trading standards.

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True, as gyzmo states, the way it has been sold has misled you into believing it was a "brand new " phone.

 

regards the photos on the phone. can you download to print, and see if it has a time and datestamp on it. If it has, then i would certainly go back to the store, and i would also send a letter ( with a copy of the photos and copy of your receipt showing purchase date ) to their head office,

There is also nothing stopping you from contacting trading standards for advice too, they will normally be only too happy to help.


Please note that although my advice is offered, you should consult your legal representative before taking ANY action.

 

 

have a nice day !!

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True, as gyzmo states, the way it has been sold has misled you into believing it was a "brand new " phone.

 

regards the photos on the phone. can you download to print, and see if it has a time and datestamp on it. If it has, then i would certainly go back to the store, and i would also send a letter ( with a copy of the photos and copy of your receipt showing purchase date ) to their head office,

There is also nothing stopping you from contacting trading standards for advice too, they will normally be only too happy to help.

 

Yes i was definitely misled.

 

Regarding the photos, the datestamp says 01/01/207 which is just the default time on the phone but i did not even touch the phone instore when i was buying it and i had someone with me too.

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I should write to head office and demand a full refund and inform them that i am considering contacting trading standards.

 

Don't consider - just do it. As well as being needed, it also sounds like a threat - "gimme what I want or I'll throw a tantrum". That usually puts people's backs up.

 

It shouldn't be that way. Just let them know that you ARE informing TS as part of your complaint.


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Ok Gyzmo I'll do that :D

Edited by tspkm

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Could i ask for a discount off the amount i paid seeming though it would be classed as second hand rather than new?

 

Just trying to think how much to ask for as it is obviously not brand new.

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You can ask them to reduce the purchase price - it's covered under part 5A of SoGA, but I don't know how you would put a figure on it. Maybe look at "nearly new" prices elsewhere and take the difference?


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Goodness. What a kerfuffle about nothing?

 

If you hadn;t 'found' these photos - were you otherwise satisfied with the handset? It doesn't cease being 'new' simply because a staffer checks t out to ensure it works! Where you shown a 'sealed box' or did you just assume it was? There is a common misconception that goods must be delivered in sealed boxes to customers. Not so. There are many cases where phones have their firmware updated locally so the customer recieves the latest OS and bug fixes.

 

It would appear you accepted the handset over the counter and were able to inspect it first hand. Complaining now that it somehow wasn't 'new' is a rather strange excuse. Sure, they should have wiped the pictures, but this is not automatic right to a refund, and I'm sure the shop will tell you so.

 

As for Trading Standards, they'll say anything, and do nothing.

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Buzby you are not very helpful at all being honest.

 

Would you personally be happy if you paid out hundreds of pounds for a sim free phone only to find out that it had basically been used as a demo phone or had been used even though it was supposed to have been a brand new phone?

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Buzby you are not very helpful at all being honest.

 

Would you personally be happy if you paid out hundreds of pounds for a sim free phone only to find out that it had basically been used as a demo phone or had been used even though it was supposed to have been a brand new phone?

 

Helpful? You want me to lie to you?

 

You ask a question, I provide an honest answer - sorry if it isn't what you want to hear but what would be the point of misleading you?

 

You have no RIGHT to a 'sealed box' whatever you may think. If you have evidence of it being a 'demo' phone, then provide it to the vendor and seek an exchange or a refund. YOu've not answered the original question - was the handset in all other respects satisfactory?

 

As for whether I would have been happy at recieving a 'used' phone - I often buy display stock, but the price I pay is dependent on what I feel the level of 'use' was. If it appeared to be otherwise in good order, sealed bags, coiled leads and only the phone camera used - yes, I wouldn;t think twice about it. If I had representations to make, it would be BEFORE I took it home, not after.

Edited by buzby

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Keep posts helpful and polite or they will be removed.

  • Haha 1

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

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Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

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I dont know why i bother sometimes.


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So Buzby, You would be happy paying over £400 for a phone that seemingly or it looks like it has been used as a demo phone or at least been used to take pictures.

 

Would that be acceptable to you?

 

**EDITED**

 

Also i never got the chance to inspect and look at the phone the person who served me got it out from the back got the phone out then went out the back came back out and the phone was in the box and that was it.

Edited by car2403
Removing potentially offensive comments

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tspkm - all I can suggest is to follow the advice given until buzby came along and ignore the the other stuff. Some people just will not be told.

 

The advice given to you initially is sound.


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Can I suggest that we have an open discussion on the issues raised, as a slanging match isn't going to help anyone and will likely result in accounts being place on moderation if it continues.

 

Each is entitled to their own opinions, but I'm more interested in sharing different experiences and coming to a common ground which seems sensible.


Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Well, now that things are calmed down a little, I'll post another question related to this.

 

Whenever I get a new phone, I do not power it until it has been on charge for 24 hours. I do this to help combat the "memory effect". Memory effect - Wikipedia, the free encyclopedia

 

Could it be argued that P4U have lowered the expected battery life or damaged the battery by turning the phone on?


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Dunno about the technicals, but it comes down to the description given to it - new. It isn't. It's as simple as that.


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