Small court questions re: Faulty phone refund refused

[randalbond]

Hello,

 

I bought a mobile phone from Oasis Communication Services. Ltd T/A Get Connected in Abergavenny, which proved to be faulty from the very first call. Constant background noise, voice cuts in and out on both ends all the time. Called several people with the same result.

 

Brought it back the next morning only to be told that they don't do refund and that nothing is wrong with the phone.

I wrote a letter (and emailed to their complaint dept), rejecting the phone and asking them to reconsider their decision but it's almost a week as I haven't heard back.

 

The questions are:

1.Do I need to get independent confirmation in writing that the phone is faulty, bearing in mind that small claim court does not require cast iron proof but bases its decisions on the balance of probabilities? I suspect that I'll have to pay for the confirmation. But then it'll be my word against theirs that the phone is faulty.

 

2. I was advised by CAB to send the second letter recorded. From what I remember, courts deem 1st class letter received in two working days. Also, I remember an advice not to send it recorded because the Defendant can refuse to sign it. So, recorded or not recorded?

 

3.I will apply online through MCOL (first time in my life), which will cost £25. There's no allocation fee due to low cost but, I believe if there's a hearing I'll have to pay additional £25 (the phone was £40). Did I understand it right or was it just all mashed in my head and application fee is the only one I'll have to pay?

 

Thank you.

 

PS I am not a scrooge but I have never been talked to like that. That girl in early twenties treated me like a chancer, who tried it on. I just have to take it further.

[BankFodder]

It is probably a good idea to get a written report because that puts it beyond doubt. If you win then you will get your money back.

 

Presumably you bought this over the counter in which case there is no cooling off period.

 

Just send your letters first class. that is good enough.

Presumably it is not a signal problem, is it? Presumably you have tried the phone in other locations.

 

Is the phone unlocked? Could you try SIM cards from other providers just to test and narrow the problem down. It would help your case to have as specific evidence as possible.

 

I wouldn't limit myself to the cost of the phone. Is it on a contract? or is it pay as you go?

If it is on a contract then I would want the entire contract rescinded and any alleged debts discharged - not merely settled.

 

Are you now without a phone? How much inconvenience is this causing you? How much time have you spent trying to unravel the mess?

 

You might be able to add a further £100 on to the claim

[randalbond]

Thank you for a fast reply.

I bought the phone on vacations in Wales because I lost my own phone. Since then I bought another phone, so I didn't have more than three days of inconvenience.

It had been Pay As You Go because their hard sale of a contract was a turn off for me.

I will definitely test it again. The only problem is I formally rejected it in my letter, so I have to stop using it, don't I?

Do I have to pay court hearing fee, if there is a hearing?

 

Thanks again.

[BankFodder]

I don't think that there is anything wrong with testing it.

I don't think that there is a hearing fee - but you need to check. Call the court.

 

If you are right and it is faulty then you will get everything back.

If it is only 3 days of inconvenience then ask for £20 on top

[randalbond]

Thank you for your help.

[randalbond]

Strange, I wrote a "thank you" post but it never appeared. Thank you very much.

Just two more questions. The company has "no refunds under any circumstances" policy but they would not confirm it in writing, neither it is anywhere on their website. Trading Standards got back to us, saying that they need a proof in writing to take a matte further. Does it mean they can't be held responsible for any illegal terms or policies as long as they are careful not to write it down?

Also, they ignored my first letter and are now ignoring the second one. If the matter progresses to the court, can I claim loss of earnings for the day of hearing? It'll be around £80. Do I need any proof? Which one?

 

Thanks again.