recieved brand new mobile phone with a broken screen

[steevwatson]

Hi I'm new here this is my first post.

 

I'm looking for some advice on behalf of my partner. She upgraded her mobile phone contract through a company called chitter chatter. She upgraded to a galaxy note II. When the handset was delivered my partner opened the factory sealed retail box to find that the handset had a cracked screen. On further inspection the phone also had a small scuff on one corner as if it had been dropped. The next day my partner contacted chitter chatter and explained that the phone was broken and described exactly what was wrong including the scuff. Chitter Chatter advised her to return the handset to them which she did via special delivery.

 

Today my partner had a call from Chitter Chatter saying that they were returning the phone to her still with the screen broken. Chitter Chatter have said that they won't replace the handset as it was clear that it was dropped outside of its box and that they have photos of the damage to prove it. So it's not up to them to fix it. I know 100% that my partner didn't drop the phone as I was there when she opened the box.

 

Chitter Chatter are outright refusing to replace the phone. They say that there is absolutely no way that the Phone left the factory in that condition and as there is no damage to the box it must have been broken by my partner. I'm not sure what to do from here so any advice would be greatly appreciated.

 

Thanks

 

Steve

[unclebulgaria67]

http://www.tradingstandards.gov.uk/advice/index.cfm

 

You have 7 days distance selling protection under SOGA and can return an item for full refund or exchange for any reason. They have to prove that you damaged the phone and not the other way around, to get out of this legal requirement.

 

If you phone the Citizens Advice helpline in the link above, they should be able to assist you.

[steevwatson]

thanks for the reply. i had it in my head that they had to prove we damaged the phone rather than us prove we didn't but chitter chatter refused to budge.

 

I'll get my partner to give the citizens advice number a call tomorrow and see what they advise.

 

Thanks

Steve

[steevwatson]

Hi

My partner contacted the citizen's advice number and was advised toi sent a letter recorded delivery to chitter chatter stating the problems and quoting the sale of goods act. we did this and received the following reply from chitter chatter this morning.

 

Dear Emma Todd,

 

I have looked into the matter of the receipt of your broken handset. We have checked the box the handset was supplied in and can see no material damage that would indicate that the

 

phone had been damaged in transit.

 

Can you please confirm when you received the initial package whether there was any damage to the packaging and if so did you make the postman or sorting office aware of this damage? This would help us make a claim against the insurance for the package while in transit.

 

If you did not notify the postman of any damage to the package we would not be able to make a claim. I am aware of the sale and supply of goods act and can confirm that we deliver sealed handsets supplied via a handset distributor, if there was no damage to the box then we cannot agree that the handset was delivered damaged. From our experience the damage to the handset it consistent with it being dropped on a hard surface. The damage to the bezel and the cracked screen is evidence of this, furthermore we checked inside the box for any broken or small shards of glass to support any claim to damage in transit and could see none.

 

 

I believe we have offered to send the handset to Samsung for further investigation and also to get the handset repaired at cost but you decided to have the handset returned to you instead.

 

If you require any further information please do not hesitate to contact us.

 

Kind Regards,

 

Stuart Ferguson

 

Operations Manager.

 

 

Any advice on where to go from there?

 

Thanks Steve

[unclebulgaria67]

Phone Citizens Advice again. I am pretty sure that unless they can prove you dropped the item, they have to offer a replacement or refund. They obviously believe that they checked the item before it was despatched and if the box it came in was undamaged, then the only explanation, is that you dropped it. I am not sure that this is exceptable. I think they have to still replace or refund, if you have said that you have not dropped the item. It is simply a case that they have to take your word for it.

[steevwatson]

Thanks. We contacted citizens advice again. What you say is right. They have to prove to us that the handset was not broken when they sent it to my partner not her prove she didn't break it. We composed and sent the following email to chitter chatter this morning. hopefully it doesn't sound too rude.

 

Dear Stuart Ferguson

 

Thanks for the quick reply. There was no damage to the box when delivered as I have previously stated. I also told you that the handset looked like it had been dropped. I opened up a factory sealed box to find the handset in this condition. I strongly object to your implication that I am a liar. Is it not possible that the handset was dropped at some point before it was sealed into the box?

 

Yes you did offer to send the handset away but at my cost. I see no reason why I should have to pay for the repair of an item which was delivered to me in that condition.

 

You say you are aware of the sale of goods act then you will also be aware that the burden of proof lies on you for the first 6 months.

 

I state again that of I do not receive a replacement handset I will take the matter further.

 

Regards

 

Emma Todd

 

 

Thanks Steve

[steevwatson]

Things are looking up my partner just forwarded me the following email she received from chitter chatter.

 

Dear Emma,

 

If your position has not changed then the damage must have occurred on the production line at Samsung, I do understand that the burden of proof lies with us to prove that the handset was not delivered in this state. I would need you to return the handset to us again, I will contact our suppliers and have resolution for you by Friday of this week. If you can provide a receipt for the postage we will reimburse you for this also.

 

 

 

Kind Regards,

 

Stuart Ferguson

 

 

Hopefully by resolution they mean they will replace the phone.

 

Thanks

 

Steve

[unclebulgaria67]

Things are looking up my partner just forwarded me the following email she received from chitter chatter.

 

Dear Emma,

 

If your position has not changed then the damage must have occurred on the production line at Samsung, I do understand that the burden of proof lies with us to prove that the handset was not delivered in this state. I would need you to return the handset to us again, I will contact our suppliers and have resolution for you by Friday of this week. If you can provide a receipt for the postage we will reimburse you for this also.

 

 

 

Kind Regards,

 

Stuart Ferguson

 

 

Hopefully by resolution they mean they will replace the phone.

 

Thanks

 

Steve

 

Looks like a replacement or refund, once they get the handset back. Make sure that when you send it back, that it is well packed to secure it. Under SOGA, you have a responsibility to ensure items returned are packaged properly to avoid being damaged.

 

As for Samsung, their products are well known to have problems. I personally would not touch them with a barge pole. These large companies will already account for x percentage being damaged between POS and delivery, so the retailer will have a process with Samsungs supply chain to deal with it. It will just go back for repair and be sold on again, so not much of a loss for the retailer or Samsung.