Problem with mobile phone contract from Carphone Warehouse

[K301982P]

I ordered a Samsung Galaxy S3 from Carphone Warehouse on the phone on Monday 6th August 2012, I received it on Tuesday 7th August 2012, however I found that I just couldn't get on with this phone so I popped into my local Carphone Warehouse store on Saturday asking if I could exchange, I was told I had 14 days to exchange so I said I will bring it in and do an exchange.

 

Yesterday, I went into the store with the phone and I was in there for quite some time and in the end they said they couldn't exchange it, they said they would have to cancel the whole thing and order a new contract with a new credit check which I did not want but also they didn't provide me with the service that the store manager said he would.

 

Where do I stand?

 

Thanks.

[rebel11]

Hi K301

 

Here's some info:- http://www.which.co.uk/technology/phones/guides/mobile-phone-problems/your-mobile-phone-rights/

[K301982P]

I have emailed the Chief Executive Charles Dunston, he replied almost immediately saying someone is looking into it.

[rebel11]

Let us know what happens.

[K301982P]

Will do and thanks for the link.

[renegadeimp]

They dont need to do another check. They can replace the phone for another of equal value/spec and simply transfer the contract over. I've had this done twice in the last 5 years.

[K301982P]

They won't do it, I contacted the Chief Executive who passed it onto someone to look into it, got a phone call yesterday saying sorry nothing we can do, therefore I am stuck on a 2 year contract with a phone that I do not want.

 

The phone I want is worth slightly less than the one I have now.

[renegadeimp]

Get in touch with trading standards and send carphone warehouse a LBA. You have 14 days from receipt of the phone/start of contract to cancel it or change it without penalty. That should be in the terms and conditions CW gave you and in your mobile contract. Dependant on your network, have you been in to the networks shop and see if they can help out?

 

If they still refuse, then its definitley time to enter a full complaint and consider sending a lba, then proceeding through MCOL.

[K301982P]

Well, I don't wanna cancel it, just change the phone.

 

I went into Carphone Warehouse on Saturday but the guy who served me rang someone and the guy on the other end tried to get Vodafone to give me an additional handset but I failed the credit check this time round but obviously I don't want an additional handset, I just want to exchange the one I have, they then phoned someone else infront of me only to be told an exchange was not possible.

 

I was informed yesterday that I can not exchange the phone or even return it as I have been using it and the contract sim.

 

Very frustrated, I only want to exchange the handset, I have the Samsung Galaxy S3 which came out in June which is £499 to buy outright, I want to exchange it for a HTC One X which came out in Feb/March and is £449 to buy outright so obviously I'm looking to exchange for a cheaper handset than the one I have.

[renegadeimp]

You have 14 days from start of the contract as i said earlier to cancel or exchange. Sounds like carphonewarehouse dont know about soga or statutory rights.

[K301982P]

Yeah your right and I was totally aware of this, the store manager even said I could exchange it but when I went in on Monday he wasn't there but I gave his name to the person who served me and he phoned the manager and checked and it was fine but then after speaking to 2 people on the phone they said they couldn't do it, their excuse was because I bought it over the phone and was classed as a different type of order but that's rubbish, it was still sold to me by them.

[K301982P]

So tomorrow or Monday what do I need to do? Just email Trading Standards and then issue Carphone Warehouse with some sort of demand?

[Gazette]

If push comes to shove why not flog it on eBay? Your type of phone is going for 460-ish. Use the money to buy the phone you really want.

[renegadeimp]

Contract trading standards and tell them what has happened, then depending on what they say, you will need to exhaust CW's complaints procedure then consider legal action. ONce CW see you are serious, especially after the store manager said you can exchange it, they will probably back down.

 

However, try and see the actual store manager you talked to first. Ask him why he gave you completely false information regarding the contract.

[K301982P]

I think I have been through the complaints procedure already haven't i? I've been in store and had no luck so went directly to the Chief Executive who got someone to try and sort it out but no luck, no where else to complain to I don't think so it looks like I will have to go to Trading Standards.

[renegadeimp]

You need it in writing and you will need to get a "final response" from the company that proves you have exhausted their procedure. If you dont have it, then it will be harder to substantiate any claim in court.

 

See if you can speak to the first manager, he might be able to do something for you, and you wont need to consider other action.

[K301982P]

I'm going to call their bluff first and see if it gets me anywhere, if not then I will contact Trading Standards.

[rebel11]

Hi K301

 

If you ordered it over the phone, the Distance Selling Regulations apply, it sounds like they aren't adhering to them :-

 

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf/

[K301982P]

So they could be breaking their own T&C's and the SOGA and the Distance Selling Regulations, am i right?

[K301982P]

Got an email just now saying they are investigating and will contact me within 48 hours but this email was from the same person that contacted me the other day saying that they could not do anything.

 

At least if they don't resolve it and I have proof I have complained and tried resolving it then I can start the ball rolling with Trading Standards.

[renegadeimp]

So they could be breaking their own T&C's and the SOGA and the Distance Selling Regulations, am i right?

 

[K301982P]

They are obviously worried the email said:-

 

"Thank you for your email.

 

Your complaint has been logged as a high priority case. We have a dedicated member of our team investigating this and they will be contacting you within the next 48 hours.

 

Kind regards"

[K301982P]

I just cannot for the life of me see why they are being so awkward about this, it is so easy to resolve, why drag their heels?

[renegadeimp]

Thats what a lot of businesses do. They think youll just give up and go away, and most of the time, people do.

[K301982P]

Haha yeah your right but I fight to the end especially if they are in the wrong, I won't rollover and I'll keep on at them until they rectify it.