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Need legal advice - samsung galaxy s3 sudden death syndrome not covered under warranty


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Hi everyone - first post.

 

Sorry if i go on.

 

 

Basically, bought a Samsung galaxy s3, dropped it 20 days after purchase, screen cracked but worked perfectly still for another 6-7 months.... until it suddenly shut off. I did some research and found out about my particular model the gt i9300 had a system design fault which meant after 200-300 days the phone suddenly dies and becomes a useless brick. Samsung have acknowledged this publicly and have said they will repair the phone's under warranty. They have also made an update to fix the problem in the software that normally prevents the phone from booting up... i.e turning on. I was not notified about this update which would have prevented this situation i am in, by neither Samsung or Three - the network i am with.

 

I called up Samsung to try and get it repaired under warranty, they say it's not covered due to the crack on the screen... so i asked can they please just check the fault and if the fault is covered under warranty i'll pay for the screen to be repaired. They said no, so what they're telling me is that i have to pay £130 for the screen repair for them to have a look and see if it is this sudden death syndrome. I explained i'm not happy it's not good enough and i think they're liable because the phone worked fine for 7 months even with the cracked screen and i was happy with it that way and they said no, there's noting they will do for me as a customer. This has happened to tens of thousands of phones across the world and in the 6-7 month time frame. I asked to speak to a manager, nothing happened.

 

 

I called the Samsung service repair center to see if i could try my luck there, they were even worse, i could hear it in his voice all he wanted was my money, i asked him about check for the fault first and he said "look, bring it down and i'll give you my opinion" ...his opinion? basically meaning, come all the way down here and i'll tell you the same thing but you'll probably pay for it to be done anyway because you traveled 30 miles and wasted a whole day to get it here.

 

So i felt really stuck and left it for a few days.

 

I called Three, i figured they're partly liable due to selling me a faulty designed phone via their store with a £1200 contract which im still paying off. At first i told them the whole situation, they said there was nothing they could do, then i asked about a temporary phone or even an upgrade and they came back to me and said they could offer me a refurbished Samsung galaxy s3 for £40! (does this mean they are accepting liability?) i wasn't happy but it was the best result i had so i said im happy to do that, i then asked if it would be covered under the warranty still because i didn't want the same issue to happen again 10 days later? so he went off to speak to a supervisor and came back with the answer of "im sorry but after speaking to my supervisor , actually i cannot sell you a refurbished phone due to the fact of the cracked screen as when we send it off to Samsung they will not repair it under warranty and we will lose money"..........................................................................!!!

 

i said i wasnt happy i want to speak to a supervisor, he said they'd call me back in 24 hours, they called me back the next day, he was really dismissive of my situation and didn't even try to help me or console me. The phone call lasted under 5 minutes. Before he cut me off, i asked to speak to someone else and he said hed put me through to customer complaints who called me back 3 days later. I explained it all, they didn't want to know they said there's nothing they can do, i told them i'd be cancelling my payments to them via my bank. They didn't care, they just mentioned to me that it'd damage my credit rating.

 

I rang up three once more a few days later with my last push of hope and tried speaking to someone from the technical team (this is where i was offered the phone for £40) i tried to get the same deal but he was telling me that it was impossible but if i could tell him the exact time and date and the name of the 6th person i was speaking to that day..... then he might be able to help me. I had no luck, i ended the call. He completely understood my position on a down to earth basis but explained he was just following his policies.

 

I went into the three store today, spoke to an english chap behind the counter he told me the same thing.

 

I just think it's all a money making [problem].

 

 

Can someone give me some legal advice i can't afford a solicitor and some advice on what to do?

 

I've tried calling them, posting on forums and their Facebook page to no avail.

 

My argument comes down to this, at the point of sale i was never told about the software design fault which i think was already occurring in galaxy s3 phones and Samsung clearly knew about because they designed it.. If i had known about this at the point of sale i could have made an intelligent decision and purchased a different phone and not have been tied into a 24 month contract for large sums of money!

 

Aswell as this, at no point at all was i informed of any update on the samsung website, by either samsung or Three that would've prevented me from being in this situation.

 

Please help me!

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Your story is of special interest to me because my S3 did the same thing last week. Luckily I have an insurance and I used that because it would be quicker then having to go on the supplier's warranty.

 

Can you provide a link to where Samsung have acknowledged this fault please.

 

There is no doubt that legal responsibility is with Three. The broken screen is not relevant to the SDS - although it could become relevant if it prevents the phone from being repaired. In other words, they might reasonably require you to pay for a screen replacement so that they could repair the SDS.

 

Where is the phone now?

Your only course of action will be to threaten and to take legal action.

 

I don't know why but mobile phone companies are especially poor on consumer rights and you will have to force them to take action.

 

I expect that your chances of success are very high - but it will all be complicated by the broken screen.

I think that you should start off by getting a couple of independent quotes for the repair of the screen and then come back here

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By the way, did you post this story on the XDA site? I recall seeing something similar there

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I don't know why but mobile phone companies are especially poor on consumer rights

Maybe because the complaints procedures ultimate conclusion is a toothless qango! :p

 

In your place alfiejbear, I would follow their complaints procedure as well as the advice given by BF. It's free to you and may just give Three the bash on the head that makes them see sense! :p

 

I would explain to them that the route you will be taking is to follow their complaints procedure to arbitration, then if still no joy going through the courts for recompense.

 

Threatening to cancel will just get their backs up, and if you did it would cause you a bigger headache than you're in now. Telling them you want them to cancel the contract, and you will be asking the ADR (Alternative Dispute Resolution) who are called "Ombudsman Services: Communications" to enforce this may just spring them to life.

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

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PS, their complaints code is located here

PPS, If you phone them, make sure you record their calls.

PPPS, If you can, record them saying "you are at deadlock" so you can proceed to Ombudsman Services: Communications quicker

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

If you can't donate, please use the Internet Search boxes on the CAG pages - these will generate a small but regular income for the site

 

Please also consider using the

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Your story is of special interest to me because my S3 did the same thing last week. Luckily I have an insurance and I used that because it would be quicker then having to go on the supplier's warranty.

 

Can you provide a link to where Samsung have acknowledged this fault please.

 

There is no doubt that legal responsibility is with Three. The broken screen is not relevant to the SDS - although it could become relevant if it prevents the phone from being repaired. In other words, they might reasonably require you to pay for a screen replacement so that they could repair the SDS.

 

Where is the phone now?

Your only course of action will be to threaten and to take legal action.

 

I don't know why but mobile phone companies are especially poor on consumer rights and you will have to force them to take action.

 

I expect that your chances of success are very high - but it will all be complicated by the broken screen.

I think that you should start off by getting a couple of independent quotes for the repair of the screen and then come back here

 

Hi mate thanks for replying

 

phone is with me now, i cant find the exact link, i think maybe samsung have had it removed but it was of a picture of some korean guy in a suit on a stage and with the quotes of what he said, it looked like a genuine site... maybe they paid them off? or i just cant find it?

 

Yeah i'm only 21 and i've not actually got a soliticor of my own and have no funds to pay for one :/ anyone know of any tricks i could do? ring them up and explain my rights? Three never sold insurance for this phone, well thats wha i was told when i asked at point of sale. still have all my reciepts etc.

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ring them up and explain my rights?

 

Only ever phone if you record your calls... people promise one thing and don't deliver.

 

Read their complaints code, as ask to escalate the complaint. Explain that if they're not fair with you now, you will change networks and boycott their services. Do this in writing (email or mail) and keep a copy safe in a folder.

 

If no joy from the 1st couple of emails, try the CEO [email protected]

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

If you can't donate, please use the Internet Search boxes on the CAG pages - these will generate a small but regular income for the site

 

Please also consider using the

C.A.G. Toolbar

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You dropped the phone, who knows what faults you caused by damaging it. Even if it continued to work after, you can not be sure that you haven't caused components to fail before time.

 

Can't you get an independent phone shop to inspect it and give you a report based on their findings? The onus is on you to prove the fault is a manufacturing defect anyway so that would be a start. I have to be honest though and say it might be hard to prove you haven't caused damage, even with the known problem samsung are aware of.

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