Phones4U misleading advise: - serious violation of Consumer Protection from Unfair Trading Regulations (2008).

[Ra3aHa5nain]

Hi all,

 

Please may i have advise; the following is an email i sent to Phones4u on on the 16/12/2013

 

Thank you

 

----------------

 

Good Morning,

 

 

My misses visited your Hounslow high street store on 05/12/2013 in order receive advice or a resolution on what appears to be a very common issue with the Samsung SII, the issue began on 03/12/2013, whereby the phone remained permanently in airplane mode.

 

 

Your store advisor took a brief look and commented as follows (Actual quotes)

 

1.“It’s finished”

2.“It’s Gone”

3.“Not working”

4.“Gone”

5.“Sorry it’s finished; No warranty left, only 1 year”

6.“If you pay £80 we can try to fix, but not guaranteed, pay us £40 we will try!”

7.“You can buy a new phone, your contract finish in 5 days!”

Later that evening she described the conclusion of the store visit: I replied “Warranty has expired… that’s it! We can't do anything!”

 

 

We visited carphone warehouse (14/12/2013) which happens to be directly opposite the actual Phones4U shop in order to purchase a new phone; we proceeded with the 2 year contracted Samsung Note III. Before we walked out of the store with the new phone we kindly asked the repair individual if he could take a quick look at the Samsung SII, he said “yes no problem” and for no charge he tried to connect the phone, whilst downloading Samsung KIES to his PC he revealed “All Samsung’s have a two year manufacturer’s warranty, you should pop over their!” we were absolutely dismayed as we were told by Phone4U we have no warranty. We promptly walked across the road into Phones4u and explained the situation; they said “yes no problem”, “Take a seat” and immediately dialled tech support which resulted in an authorised warranty repair.

 

 

We now have a new phone which we can’t return unless faulty; and an existing phone which will be repaired within a week; the original intention was to use the existing phone with a pay as you go sim card.

 

 

We were intentionally misled by your staff which has resulted in an unwanted new Phone at an unnecessary two year cost of £800.

 

 

 

 

Thank You

 

 

***** ********

 

 

 

They have offered a £25 good will gesture.

 

Second email sent 17/12/2013

 

Forename: **** *****

Surname:******

Address:** ****** Avenue, **** ****

 

Evening Mobile:*******

 

Sim cardNo:**************

IMEI No::**************

REF::**************

Retailer:209 High Street, Hounslow,TW3 1BL

Sales Person:Bhavin

 

I would also like to point my wife has highlighted other rather alarming comments mentioned by the advisor.

 

Such as:

 

1) Its completely gone

2) Nothing anyone can do

3) You have no warranty left

4) Its a very bad problem

5) its finished

 

She was also left without a phone whilst our son contracted a possible case of meningitis, she was not able to call an ambulance, unable to call me, and she was unable to coordinate the collection of out other son from school. Records available.

Thank you.

 

They again said thier is nothing they can do and still offered £20

 

 

 

Final email send 18/12/2013

 

I have no option but to contact trading standards + legal advice + online consumer protection forums.

 

 

This is a very serious case of misconduct.

 

 

Cost to us has been huge

 

 

1. Overlap line rental £30

2. Unnecessary mobile and contract £800

3. Taxi to take child to hospital £45, couldn't contact me.

4. Unwanted phone and mobile

5. Serious consequences for my sons due to the inability to communicate

6. All contacts deleted by your in store staff

7. Time taken to search for an alternative phone

8. Cost of accessories

 

 

My wife would like to sue phones4u based on point 5.

 

 

Please see:

Consumer Protection from Unfair Trading Regulations (2008).

 

 

Response, they have denied all responsibility andhave stated some phones have a 1 year warranty.

There is nothing we can do…. Good bye!

 

 

 

That’s it.

Please could someone help me with my options,

 

Thank you all.

 

 

 

 

 

Edited December 19, 2013 by Ra3aHa5nain
Remove my name

[dx100uk]

nothing to do with any warranty

 

sale of goods act is your friend.

 

any warranty is in ADDITION to your rights under SOGA.

 

go get 'em!

 

dx

[Ra3aHa5nain]

I forgot to mention they also said the following.

 

And amazingly customer service through nothing more than an assumption said the following at no point did i state a requirement for compensation.

 

How dare they make such an assumption!

 

1. We can’t give you anything!
   
2. We will not give you anything!
   

She proceeded to say, it’s not our responsibility, there is nothing we can do.

 

 

Need help urgently.

[Ganymede]

I understand where you're coming from but I wouldn't sue on point 5.

 

No actual damage was caused and it seems too remote.

 

You might get somewhere for the misleading advice but you chose to take out a new contract with a different company and proving your conversation will be difficult.

 

Can you definitely not cancel your new contract and return the new unused phone?

[Ra3aHa5nain]

They came back to me and said. I cant prove anything and basically to go away....

 

 

I sent the following email today at 10.55am

Hi,

 

I have been advised by you customer service representative that I will not be able to prove actual occurrences in store and as a result will not be held responsible. Actual comments were “You will not be able to prove anything!”

 

Comments by your customer service staff demonstrate an ongoing appreciation of illegal activities within in your stores.

 

I understand stores keep up to 28 days’ worth of CCTV footage; under the data protection please may I request a feed of our conversation with your in-store staff.

This is an urgent request.

 

 

Thank you

[silverfox1961]

Hi

As far as I am aware CCTV footage is video only-no audio. (some places state that audio and video are recorded but this is rare)

 

Can you not try and see if CW will cancel the contract?

[Ra3aHa5nain]

Hi,

 

That is true; This may sound highly unusual but I was hoping to get the video attestedvia a free lance lip reader.

 

I did askCW,and they said “unfortunately we do not operate a change of mind policy”.