What's my rights?

[teamelvis]

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.

[caro]

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.

[blitz]

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?

[teamelvis]

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.

[Zamzara]

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.

[Sidewinder]

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?

 

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.