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[louandgra]

In a nutshell I am looking for some consumer case law in terms of examples of the 'reasonable timescale' in order to obtain a refund/replacement from a retailer under SOGA 1979.

 

02 have a 28 day policy return policy in that if your mobile phone becomes defective after this period then its a 'repair only'.

 

You guessed it - bought phone for a present. Opened 3 weeks ater, phone is knackered. Brought to attention of 02 retail store 3 days after the 28 days - repair only! no replacement. Accepted 5 working day repair - took 2 weeks to come back - 2 days later phone is knackered again with same problem. Took phone back, refused replacement/refund and suggested another 2 week repair.

 

I refused this. 4 weeks of letter writing and talking to monkeys on customer services lines indicating that 28 days is mentioned in SOGA 1979! (??????LOL) and all letters werent responded too. So issued proceedings in small claims.

 

Day after proceedings issued, letter from H/O saying they are prepared to refund. I tell them that I need an extra £30 to cover the court issue fee. They tell me to stick it. Looks like a day in court.

 

So anyone got any nice case law?

[buzby]

What was the phone problem, and was it new or Refurbished stock (Not that this makes the slightest difference to SOGA).

[louandgra]

It was a brand new phone and the mic was broke so any contacted parties couldnt hear our voices.

[buzby]

There must be more to this - something as obvious as this would have been pickled up by quality control before the phone was boxed up for retail sale. It could have been a returns item, and sold to you by mistake. Did you check if the number of minutes called or received was 0...? (SE and motorola's do this).

[louandgra]

It was a brand new unused phone.