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Cracked Screen appeared on Samsung Galaxy A5


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Hi would appreciate any advice if possible.

 

Purchased new mobile with o2 in April 2015.

 

Providers warranty 12 months

 

Manufacturers warranty 24 months

 

Noticed cracked appearing on LCD screen on phone. Spoke to o2 customer services explaining in detail problem and was I covered under my warranty.

 

Told unless there was any physical signs of damage including water damage or tampering then yes it would be.

 

Arranged for item (at my own expense as wanted it tracked) to be sent to o2 repair centre.

 

Well today I received the following replies.

 

Hello,

 

Your handset has successfully reached our repair centre.

 

Before any fault diagnosis and warranty repair is conducted, our Repair

Centre must ensure the device is within warranty condition as specified

by your manufacturer, Samsung.

 

Unfortunately your handset has been deemed out of warranty due to:

CRACKED LCD

With the warranty now void, the cost of a full repair or reconditioned

replacement is £85.99 incl. VAT which can be added to your next month?s

bill.

Alternatively if you have O2 insurance on your account you may be able

to make an insurance claim. Please request the return of your device

un-repaired then contact O2 Customer Services if you wish to make a

claim.

 

If you choose to decline the quotation we will be able to return the

handset back to you without repair.

 

Please reply to this email confirming your choice. We aim to reply to

you within 48hrs, though this will usually be on the same day.

 

If you prefer to call customer services, please dial 202 free from an O2

Pay Monthly handset or 03448090202 from a landline (Standard UK Rates

apply).

 

Kind regards,

 

O2 Returns & Repairs

http://www.o2.co.uk/o2repairs

 

hank you for your reply.

 

We are sorry you are disappointed by this outcome.

 

When handsets are sent for repair, all manufacturers request accredited

repair centres to conduct an inspection of the device to ensure it is

within warranty condition. This is part of the manufacturers warranty

terms and conditions and must be done prior to any fault diagnosis being

carried out.

Due to this all certified engineers must look for any of the following

signs before conducting any repair:

 

• A non-approved repair centre has opened the phone.

• The mobile phone has been damaged.

• The mobile phone has been used incorrectly.

• Liquid contamination is diagnosed on the device.

• The IMEI sticker is damaged, removed or torn.

• Warranty period has expired.

 

Please note the above list is not exhaustive.

 

In the case of your handset, the OCTA LCD Panel has been cracked. This

component is internal to the device and is usually the result of

excessive pressure, twisting or bending being applied to the handset,

which to the naked eye can look fine, however on the inside it has

caused the failure of the aforementioned component.

 

As Samsung consider that damage has been diagnosed to the device, the

warranty they offer is now void.

In order for any faults to be inspected, the damage would require to be

repaired first of all, this action would in turn restore the warranty

allowing for all reported faults to be investigated and resolved.

 

Unfortunately O2 has no jurisdiction over these terms of warranty, if

damage is diagnosed on any of our customers devices, they will all each

be contacted with similar quotations for repair or replacement.

 

Please reply if you would like to proceed or request return of the

device un-repaired.

 

Kind regards,

 

O2 Return & Repairs

 

Good Afternoon,

 

Thank you for your email.

 

Our repair centre is fully accredited by Samsung to carry out their

repairs.

In order to remain fully compliant, they must follow Samsung Warranty

Terms and Conditions.

 

For full details on their warranty, please contact Samsung, however

brief information on their terms can be found here:

 

http://www.samsung.com/uk/support/warranty/

 

Also in our last email we advised that LCD damage is usually the result

of bending etc. We did not state that was what happened with your

handset.

Our repair is unable to specify the exact cause of the damage found as

they were ultimately not in possession of the device when the crack

occurred.

 

Finally it is not necessary to advise of all of your options regarding

getting your handset repaired.

As our repair centre acts in full accordance with Samsung, their

diagnosis and outcome would be the same.

 

If however you are wishing for a second opinion on the diagnosis done or

to raise a dispute with your warranty rights / product quality, we can

arrange for the handset to be returned un-repaired which will allow you

to arrange a repair with Samsung direct.

 

Please reply if you wish for the handset to be returned or if you wish

to proceed with repair.

 

Kind regards,

 

O2 Return & Repairs

 

Now I am somewhat concerned with their diagnosis as I have in no way dropped or tampered with the item.

 

If this had been the case I would not have bothered sending it back to o2 as I have no insurance and would have been a complete waste of time.

 

Is it worth complaining under the sales of goods act if covered or do I just accept their findings and pay for the repairs ?

 

Has anyone encountered a similar situation and what was the outcome.

 

Thanks

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Oh and I would have to pay first for repairs to be carried out before fault investigated ? So how can they just state the obvious and confirm problem without a full investigation ?

 

:shock:

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Cracked screens normally are as a result of stress, the kind that having it in your pocket can cause.

 

Thanks conniff but it was in a leather case and it's not the outer screen but the one below in which is cracked.

 

I assure you that I in no way dropped it or sat on it or threw it around.

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Purchased new mobile with o2 in April 2015.

 

For the first six months after purchase, it is up to the seller to 'prove' there was no fault with it at the time of purchase. You might want to push that point.

 

Because it came on when the switch was pressed doesn't mean there wasn't an inherent fault with it.

Edited by Conniff
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For the first six months after purchase, it is up to the seller to 'prove' there was no fault with it at the time of purchase. You might want to push that point.

 

Because it came on when the switch was pressed doesn't mean there wasn't an inherent fault with it.

 

Thanks Conniff that's what I have been reading up on at the moment concerning mobiles and SOGA.

 

Mine is only 4 months old and presume that o2 will need to prove it. Apparently they will not investigate the issue until I pay costs up-front.

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You must tell them that the screen cracked without any external influence or mishandling and that under the SOGA it is up to you to 'prove' that is wasn't faulty at the time of purchase.

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You must tell them that the screen cracked without any external influence or mishandling and that under the SOGA it is up to you to 'prove' that is wasn't faulty at the time of purchase.

 

Thank-you again Conniff and I am drafting up a letter now.

 

Maybe a silly question but do I address it to o2 customer services ?

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I think I've found the address :-

 

O2 Complaint Review Service

PO Box 302

Dunstable

LU6 9GN

 

Also should I just request that the phone is replaced or repaired ? Or give them both options ?

 

Cheers

 

Baz

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I like to do things by recorded, it takes away the excuse of 'didn't receive it'.

 

As I have learnt in the past with certain banks :shock:

 

Thanks again, very much appreciated for your time in replying.

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  • 3 weeks later...

I received a telephone call from O2 Complaints (even though I stated in writing only) on Wednesday whilst on holiday and was told that my complaint was not being up-held as it is a manufacturers fault and is not covered under the warranty.

 

I mentioned that my letter was in respect of SOGA and nothing to do with the warranty and that it was for them to provide proof. I also quickly mentioned that they had failed to respond accordingly and that if need be I will take the matter further and requested that they respond in writing only.

 

Well I got home last night and today received a letter from 02 mentioning that they have not up-held my complaint and that I had quoted the SOGA requesting a replacement or reimbursement of repair costs.

 

They admitted that sometimes phones do go wrong etc and that under the SOGA they have to follow a set process. They quote that I have to report a fault within 14 days of purchase for a replacement and thereafter it is considered to be in a used condition and has to be sent away for repair for a decision to be made if covered under warranty.

 

Due to the age of my phone, they cannot change for a new one but as I am under warranty they can fix things ? Then they state that I was quoted a repair fee as the damage is not covered ?

 

But they finally say that they do want to help and have offered a free refurbished phone or £50 gesture of goodwill towards the repair cost of £80.

 

Now should I accept one of o2's offers or decline and further request proof as per SOGA ?

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I received a telephone call from O2 Complaints (even though I stated in writing only) on Wednesday whilst on holiday and was told that my complaint was not being up-held as it is a manufacturers fault and is not covered under the warranty.

 

I mentioned that my letter was in respect of SOGA and nothing to do with the warranty and that it was for them to provide proof. I also quickly mentioned that they had failed to respond accordingly and that if need be I will take the matter further and requested that they respond in writing only.

 

Well I got home last night and today received a letter from 02 mentioning that they have not up-held my complaint and that I had quoted the SOGA requesting a replacement or reimbursement of repair costs.

 

They admitted that sometimes phones do go wrong etc and that under the SOGA they have to follow a set process. They quote that I have to report a fault within 14 days of purchase for a replacement and thereafter it is considered to be in a used condition and has to be sent away for repair for a decision to be made if covered under warranty.

 

Due to the age of my phone, they cannot change for a new one but as I am under warranty they can fix things ? Then they state that I was quoted a repair fee as the damage is not covered ?

 

But they finally say that they do want to help and have offered a free refurbished phone or £50 gesture of goodwill towards the repair cost of £80.

 

Now should I accept one of o2's offers or decline and further request proof as per SOGA ?

 

Should I just accept the offer or as they have now changed their mind, should I still pursue full reimbursement of repairs as per my SOGA complaint ?

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  • 2 weeks later...

Well I decided to decline their original offer of £50 towards the repair or a refurbished replacement and requested either full payment of repair or a new phone.

 

Today I received the attached response again refusing my further request under SOGA.

 

Can any consumer law experts kindly review and comment on whether they are missing the point and if I should just accept their original offer.

 

Thank-you

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Samsung use gorilla glass.

I ran over my S4 with a mountain bike and even then it only broke the gorilla glass and not the LCD underneath the protective glass.

I had dropped it many times before that without more than a dent and a scratch.

 

My purely personal opinion is that you should have accepted the offer. Physical damage to screens on phones or tablets or laptops leaves you little leeway in my view, and should be noticed pretty much straight away if it was a production or delivery issue.

 

I think O2 are looking to avoid a drawn out mess where the bad press and effort would cost them more than the sweetener, but they are unlikely to cave in and get everyone who has broken their phones/tablets claiming its 'a fault'.

 

Why would they not say straight away it wasn't covered?

Some screen faults may look like a broken screen, but not be (lines on screen can be connector/chip issue)

 

 

Just my opinion.

You know what IS patriotic?

Loving your country enough to care for its old and poor, fund its institutions, unite its communities, feed, house and educate its children, restore and live in balance with its environment, plan with care for its future, build its alliances, and perhaps above all - tell it the truth

 

 

The Tory Legacy

Record high: taxes, immigration, excrement in waterways, energy company/crony profits

Record low: living standards and investment

Crumbling Hospitals, schools, council services, businesses and roads

They squander taxpayer money by the £thousands on a failed ex-PMs luxury troughing on a plane, rather than feed UK children

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Samsung use gorilla glass.

I ran over my S4 with a mountain bike and even then it only broke the gorilla glass and not the LCD underneath the protective glass.

I had dropped it many times before that without more than a dent and a scratch.

 

My purely personal opinion is that you should have accepted the offer. Physical damage to screens on phones or tablets or laptops leaves you little leeway in my view, and should be noticed pretty much straight away if it was a production or delivery issue.

 

I think O2 are looking to avoid a drawn out mess where the bad press and effort would cost them more than the sweetener, but they are unlikely to cave in and get everyone who has broken their phones/tablets claiming its 'a fault'.

 

Why would they not say straight away it wasn't covered?

Some screen faults may look like a broken screen, but not be (lines on screen can be connector/chip issue)

 

 

Just my opinion.

 

Cheers tobyjugg 2 for your comments / opinion.

 

I have two options either to pursue this further asking them to prove it was not faulty when delivered or just accept their original offer for contribution to repairs.

 

I will probably go for the latter as I believe it to be the quickest option.

 

Now I have been paying for a phone that I have not been using for the last month or so, would I be entitled to any reimbursement in addition ?

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Here is a thought

 

After reminidng them that they have the obligation to prove it was not faulty you could then pay the repair and sue through small claims.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Here is a thought

 

After reminidng them that they have the obligation to prove it was not faulty you could then pay the repair and sue through small claims.

 

Perhaps using the repair receipt showing 'replaced broken screen' as evidence?

 

  • laugh.gif
     

ooops

You know what IS patriotic?

Loving your country enough to care for its old and poor, fund its institutions, unite its communities, feed, house and educate its children, restore and live in balance with its environment, plan with care for its future, build its alliances, and perhaps above all - tell it the truth

 

 

The Tory Legacy

Record high: taxes, immigration, excrement in waterways, energy company/crony profits

Record low: living standards and investment

Crumbling Hospitals, schools, council services, businesses and roads

They squander taxpayer money by the £thousands on a failed ex-PMs luxury troughing on a plane, rather than feed UK children

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Here is a thought

 

After reminidng them that they have the obligation to prove it was not faulty you could then pay the repair and sue through small claims.

 

Thank-you sabresheep - Might take that option.

 

Would I need to specify anything particular in my written response i.e. that I am accepting their goodwill gesture offer towards repair under protest ? I will have to pay the balance or do I just go and pay total repair with someone else ?

 

Should I have quoted the Supply of Goods and Services Act 1982 Section 4 and not SOGA ?

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If you want to press it Baz,

Then use their own report that there was no external evidence of damage, but they have said this is their final offer and if not happy - off to the ombudsman with you. They seem confident.

 

but if you suspect that you or someone did significantly flex it (eg sit on it) as conniff suggested, that may be far more apparent once they take it apart despite no evidence externally. They will record that in their own systems and if pressed may think its worthwhile re-addressing the case.

 

The offer seemed good - unless you KNOW that no damage took place.

Perhaps say that you are accepting their offer rather than spend longer without a working phone if that is what you choose to do.

You know what IS patriotic?

Loving your country enough to care for its old and poor, fund its institutions, unite its communities, feed, house and educate its children, restore and live in balance with its environment, plan with care for its future, build its alliances, and perhaps above all - tell it the truth

 

 

The Tory Legacy

Record high: taxes, immigration, excrement in waterways, energy company/crony profits

Record low: living standards and investment

Crumbling Hospitals, schools, council services, businesses and roads

They squander taxpayer money by the £thousands on a failed ex-PMs luxury troughing on a plane, rather than feed UK children

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