Broken Phone

pookie82

Hi guys,

Just wondering what my general entitlements are in this situation.

I bought a phone in the Carphone Warehouse last October. About a month into using it it began to act funny - it would randomly cease making calls and sending texts for long periods. I rang the Vodafone helpdesk on a number of occasions and they told me to try my sim in another phone after all of their efforts failing. When I did, the sim was fine, and on changing it back to my new phone, it began working again. So we figured (the Vodafone rep and I) that something they did on their computer had made a difference and all was well. I also brought it into the Carphone warehouse again but they told me to get onto Vodafone whenever the prob occured as it was their issue.

However, this happened again twice before christmas (exact same scenario). Eventually, the Vodafone rep told me that the problem was my handset and that I needed to return it. So I brought it back in Jan and explained my case and they sent it away for repair. It was gone for two weeks and came back about three weeks ago. I was told in the shop that the antennae had been replaced and the software updated.

Within a week it was doing the exact same things again - refusing to make calls or send messages and this time, if I did manage to receive a call, I would be cut off within a min or so. So in I went again to the Carphone Warehouse and their only solution was "Woops, sorry it musn't have been repaired, we'll put a stern note on it this time." I asked if I had any right to a replacement and she said that no, if I'd brought it back broken within a month I could have, but at this stage all I could expect from them was a repair.

I would have thought that after sending it back once and it being returned in the same condition would have entitled me to some compensation. She wasn't sure whether or not it had just broken again or whether they just hadn't fixed it, despite them saying they had.

Basically, I've been stuck with my old phone now (which doesn't work properly either) for almost a month with all of this sending back. After purchasing a new phone only a few months back I think that this is pretty unacceptable. What I'd like to know is if I continue to have this problem or it comes back unrepaired/breaks down within a short time AGAIN, do I have any rights regarding asking for a refund/replacment or do I just have to let them send it back again and again??

By the way the phone didn't get any untoward roughing about; it didn't fall or have anything spilled on it etc before the break down(s) occurred.

Thanks in advance.

neilled

pookie82 wrote: »

Hi guys,

Just wondering what my general entitlements are in this situation.

I bought a phone in the Carphone Warehouse last October. About a month into using it it began to act funny - it would randomly cease making calls and sending texts for long periods. I rang the Vodafone helpdesk on a number of occasions and they told me to try my sim in another phone after all of their efforts failing. When I did, the sim was fine, and on changing it back to my new phone, it began working again. So we figured (the Vodafone rep and I) that something they did on their computer had made a difference and all was well. I also brought it into the Carphone warehouse again but they told me to get onto Vodafone whenever the prob occured as it was their issue.

However, this happened again twice before christmas (exact same scenario). Eventually, the Vodafone rep told me that the problem was my handset and that I needed to return it. So I brought it back in Jan and explained my case and they sent it away for repair. It was gone for two weeks and came back about three weeks ago. I was told in the shop that the antennae had been replaced and the software updated.

Within a week it was doing the exact same things again - refusing to make calls or send messages and this time, if I did manage to receive a call, I would be cut off within a min or so. So in I went again to the Carphone Warehouse and their only solution was "Woops, sorry it musn't have been repaired, we'll put a stern note on it this time." I asked if I had any right to a replacement and she said that no, if I'd brought it back broken within a month I could have, but at this stage all I could expect from them was a repair.

I would have thought that after sending it back once and it being returned in the same condition would have entitled me to some compensation. She wasn't sure whether or not it had just broken again or whether they just hadn't fixed it, despite them saying they had.

Basically, I've been stuck with my old phone now (which doesn't work properly either) for almost a month with all of this sending back. After purchasing a new phone only a few months back I think that this is pretty unacceptable. What I'd like to know is if I continue to have this problem or it comes back unrepaired/breaks down within a short time AGAIN, do I have any rights regarding asking for a refund/replacment or do I just have to let them send it back again and again??

By the way the phone didn't get any untoward roughing about; it didn't fall or have anything spilled on it etc before the break down(s) occurred.

Thanks in advance.

Normally you'd get a replacement phone of a different type (provided you have the original packaging, or in the case you don't it'll be a new handset of the same model) after the handset has been repaired three times.

jor el

It's Vodafone's policy to replace a phone after 3 repairs, but only if they find something to fix each of the 3 times. I'm not sure if this is the same with Carphone Warehouse, but since they are Vodafone's agents in this case then I'd say it is.

I had this exact same issue with Vodafone a few years back. After 3 repairs they refused to replace my phone as they couldn't find anything wrong with it, even though a supervisor on the phone told me that it would be replaced. I could even show the manager in the shop the phone not working but she just shrugged her shoulders at me. Never did get it resolved and I left Vodafone, I'll never be a customer of theirs again.

fifly

I am having the same problem with Vodafone. Bought the mobile last April/May and this is the 3rd time to break. I've looked up consumer law and the first repair must be permanent. So obviously I should have got replacement or refund when it broke the second time. The shop have said I am getting new mobile but customer service said it will be repaired a third time even when I outlined the law! If I don't get replacement I am taking them to the small claims court. It only costs 9 euro and will be worth the hassle to put them in their place. I'm only sorry I didn't do it sooner. The seem to think they are exempt from European law! I am also going to change provider as soon as my contract runs out.

Sam Vimes

fifly wrote: »

I am having the same problem with Vodafone. Bought the mobile last April/May and this is the 3rd time to break. I've looked up consumer law and the first repair must be permanent.

well then i don't know what law you were looking up. link? all phone shops require three repairs except for o2 stores

you are not the first person to have a broken phone. you are not the second. you are not even in the first hundred thousand. you are also not the first person to threaten the small claims court. it happens every day across the country because of people who think they have rights that they don't. if you kick up a massive fuss the shop manager might decide to give you a new phone and have the shop take the hit but under the vodafone policy and the law you are not entitled to demand a new phone. if you brought them to the small claims court you might win but might is the operative word here. there is no law stating that you are definitely entitled to a new phone

Blue_Wolf

Carphone warehouse send their mobile phones to a 3rd party repair company called MPRC up in sandyford industrial estate. Phone once outside the 28day period has to be sent away for repair 3 times before issued with a new handset. (if you have box and accessories you can swap for a totally different model) If phone goes to MPRC and they can not fix the problem and its a manufacturing fault than they will replace the whole phone for you. The reason the lady in cpw didnt know any different from what was stated on the repair done is because its a 3rd party company.

Blue_Wolf

Sam Vimes wrote: »

well then i don't know what law you were looking up. link? all phone shops require three repairs except for o2 stores

you are not the first person to have a broken phone. you are not the second. you are not even in the first hundred thousand. you are also not the first person to threaten the small claims court. it happens every day across the country because of people who think they have rights that they don't. if you kick up a massive fuss the shop manager might decide to give you a new phone and have the shop take the hit but under the vodafone policy and the law you are not entitled to demand a new phone. if you brought them to the small claims court you might win but might is the operative word here. there is no law stating that you are definitely entitled to a new phone

The only reason and I mean the only reason you would win in the small claims court is because mobile companies are not arsed going to court over a 59euro phone. It will cost them more to send a represantitive to the court than the actual cost. Consumers who kick up a fuss and do this just think they are entitled to everything in life. They claim they know their rights but upon asking them what they are they dont have a breeze. Sad really.

foggy_lad

Mobile phone handsets

When signing up for a mobile phone service, your contract is with the mobile operator. But if you buy a mobile phone handset from a phone shop and it turns out to be faulty, under consumer law it's up to the shop to sort out your problem. In this situation your contract is with the shop - not the manufacturer or the mobile phone network.

A lot of new mobile phones turn out to be faulty, and you have clear consumer rights. The seller (not the manufacturer) must offer you a replacement, a repair, or a refund.

http://www.consumerconnect.ie/eng/Learning_Zone/Guides_To_Consumer_Law/Phones,_Broadband_+_TV/

Consumer law and shopping

Whenever you buy goods from a shop or supermarket, you make a contract with them. They agree to provide certain goods to you for a certain price, and the goods should be:

* Of "merchantable quality" - that means that they must be of an acceptable standard
* Fit for the purpose they were bought for
* As described. In other words, false or exaggerated claims must not be made by the seller

If the goods fail to comply with any of these criteria - for example, they turn out to be faulty - you have certain clear rights under consumer legislation. These entitlements come under the three R's:

* Repair
* Replacement
* Refund

If the shop offers to repair the item, the repair should be permanent. If they offer a refund, this can be in cash or by cheque, or (where appropriate) they can refund your credit card account. If they offer you a credit note or voucher instead, it is your right not to take it and request a refund instead.

If you are not happy with their offer you have the right to request an alternative remedy, and to take legal action if you are not happy with their final offer. You have the option to refer the matter to the Small Claims Court, which can handle a claim of up to €2,000 by a consumer against a shop. The application fee for Small Claims is €9.

Remember that:

* You have no rights under consumer law if you simply change your mind about wanting the goods. However, some shops will offer you an exchange as a gesture of goodwill
* You should return faulty goods to the shop as soon as possible. If you wait for a long period it may appear that you have accepted the products, faults and all
* The shop is entitled to proof of purchase, but this doesn't necessarily have to be the shop receipt. You could show the relevant credit card statement or any other documentation that proves it was purchased in that particular shop or retail chain

also http://www.consumerconnect.ie/eng/Learning_Zone/Guides_To_Consumer_Law/Shopping/

if you have a phone repaired and the same issue arises again the 1st repair has not been permanent so you are within rights to ask for replacement or refund but the shop may decide on which you get. all this talk of three repairs is COMPANY policy nothing to do with consumer rights!