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Hi there. Bought a phone(pay as you go) for the missus xmas 05 from phones 4 U. In march 06 it picked up a fault, so took it back which they had fixed. 2 weeks later, the same fault with the same outcome. Now when i went to pick up the phone for a 3rd time they said there was no fault and i would have to pay £17.50 to get it back. I was told that if i didn't pay the charge before 60 days i would lose it. I therefore tried to find out if this was true, with no success. On the 59th day i gave in, went to the shop and paid. 3 days later when i went to collect i was told that it is 30 days, not 60, and my phone is gone. Have been to solicitors to no avail really. Can anyone tell me where i stand? Phones 4 U have written to solicitors saying its my fault.

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  • 2 weeks later...

I'm moving your thread to the General Consumer forum in the hope that someone there may be able to advise.

 

The Sale of Goods Act and goods being fit for purpose springs to mind, but others will be able to advise you better I think.

 

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Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Do you have anything written down to say that it was 60 days and not 30, and have you been able to look at any written terms and conditions?

Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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No, nothing. Think Phones 4 U have played us like a fiddle. Feel rally angry about it. For the sake of a £130 phone, they make such a fuss over what is their fault.

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Did they tell you about this possible charge before accepting the phone to look at? Any agreements in writing or anything? It sounds like outright edit, frankly, of the phone and the money, which almost suggests there might be something we're missing from the story.

Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

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Did they tell you about this possible charge before accepting the phone to look at? Any agreements in writing or anything? It sounds like outright edit, frankly, of the phone and the money, which almost suggests there might be something we're missing from the story.

 

Likewise this seems strange to me. What exactly have they done with the phone? :rolleyes:

 

In accepting the goods for repair, the company are bound by the Torts Act. You should have a proper receipt confirming that they have your phone and detailing any conditions, and although they can dispose of them to recover any money due for the repair, they have to give you written notice of their intention to sell the goods and I believe that they cannot do this within three months or at all if you disputed the amount that they claimed was due to them.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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