How many times is acceptable for a shop to attempt a repair?

L1011

I bought a Nokia phone as an upgrade on billpay in January, its been plagued with battery charging / discharging issues since. Been "repaired" by the network (bought in a network shop)'s designated repair agents twice, and it still isn't fixed.

They want to send it for repair AGAIN - I want an outright replacement. Anyone know if there are limits on how often a shop can try to repair something?

Welease

A repair must be permanent... So once.. (assuming its the same fault)..

L1011

Its the exact same fault. The first "repair" wasn't even a repair, it was sent in with "phone has been hard-reset and software updated" and came back with "corrupt software, updated".

Needless to say the exact same problem reoccured instantly.

krpc

The standard repair process is that a retailer/network will attempt to repair a handset 3 times. The fault has to be the same on each occasion.

Should the handset still be under warranty, then after the 3rd repair and it remains faulty they will offer to replace it, or if the product is no longer available, offer an equivalent handset to the approximate purchase value (the amount you paid for it) of your faulty one.

dudara

A repair should be permanent (i.e. that fault will not recur over the remaining lifetime of the product).

In this case, you have allowed them to repair it twice. At this stage, I would use a registered letter to emphasise that you have been reasonable and allowed them to attempt repair twice. At this stage, you feel reasonably entitled to reject further offers of repair, and instead you wish to seek a refund or replacement, as per your statutatory rights. If they do nor respond within 10 working days, you will be lodging a case in the Small Claims Court.

Sparky J

Sorry for Hijacking:

Would you know if there is a legal limit on the amount of time a retailer/manufacturer has to repair an item (camera) once you have sent it back to them?

Also do they pay for the cost of return delivery?

jor el

If there is a confirmed fault, then you should not bare any of the costs of returning it. Often you may have to post it back, and then the retailer/manufacturer would reimburse you for the cost.

There is no set time limit on the repair though, just that it must be reasonable. Reasonable can vary from item to item. For a camera, I would say 2-3 weeks, 4 at most. If you haven't received it back after that, or at least some correspondence to say what the problem is and how long it will take, then seek another solution (replacement or refund).

slimjimmc

rc_irl wrote: »

The standard repair process is that a retailer/network will attempt to repair a handset 3 times. The fault has to be the same on each occasion.

Should the handset still be under warranty, then after the 3rd repair and it remains faulty they will offer to replace it, or if the product is no longer available, offer an equivalent handset to the approximate purchase value (the amount you paid for it) of your faulty one.

That nicely explains how the shops like to operate, however to clarify, the 3 attempts at repair is only a shop/operator policy and has no basis in consumer law. It does not alter your statuatory right that any repair must be permanent. So if the first repair is not permanent please do not feel obliged to accept another repair attempt. You have given them reasonable opportunity to repair and they failed, therefore you can push for replacement or refund (despite whatever the shop claims about them not being allowed, etc.)

Gamesnash.ie: Pat

slimjimmc wrote: »

That nicely explains how the shops like to operate, however to clarify, the 3 attempts at repair is only a shop/operator policy and has no basis in consumer law. It does not alter your statuatory right that any repair must be permanent. So if the first repair is not permanent please do not feel obliged to accept another repair attempt. You have given them reasonable opportunity to repair and they failed, therefore you can push for replacement or refund (despite whatever the shop claims about them not being allowed, etc.)

In practice though even that is not covered 100% by consumer law. At the end of the day if a resolution can't be found between both parties the customer can go to the small claims court for a decision to be made. The SCC will not automatically find in favour of a claim because a repair was unsuccessfully attempted and a retailer can argue that they need to have a second look at a product to verify what went wrong / if the repair has actually failed. There is nothing set in stone - I'm aware of cases where repairs were refused outright fromt he start and a decision made to refund the customer but I am also aware of decisions made to allow a retailer to make a second repair attempt. It's like anything else - up to the court on the day.

Sparky J

jor el wrote: »

If there is a confirmed fault, then you should not bare any of the costs of returning it. Often you may have to post it back, and then the retailer/manufacturer would reimburse you for the cost.

There is no set time limit on the repair though, just that it must be reasonable. Reasonable can vary from item to item. For a camera, I would say 2-3 weeks, 4 at most. If you haven't received it back after that, or at least some correspondence to say what the problem is and how long it will take, then seek another solution (replacement or refund).

Thanks Jor el,

Been six weeks now since I dropped it into their shop so getting impatient. Its not a standard camera though but one for reversing used in machines/vans so maybe that might be reasonable although I suspect the retailer didn't send it back to the manufacturer for repair until 2-3 weeks after I dropped it in.

Apart from phone call I don't have any evidence of when I took it back to them and the retailer (although agreeing its taken too long) is basically blaming the manufacturer for taking so long.

I have said if they can't repair then give me a replacement/refund but should I send them a registered letter or e-mail to have something in writing do ye think incase it drags out for another few weeks/months?

jor el

Sparky J wrote: »

I have said if they can't repair then give me a replacement/refund but should I send them a registered letter or e-mail to have something in writing do ye think incase it drags out for another few weeks/months?

Registered letter, do it now, and ask for a definite date on the camera to be returned to you. Give them 1-2 weeks to reply to you, in writing. Tell them if you don't get a reply, you will take it further, as you've been more than reasonable by giving them 6 weeks already, plus another 2 now.

Sparky J

jor el wrote: »

Registered letter, do it now, and ask for a definite date on the camera to be returned to you. Give them 1-2 weeks to reply to you, in writing. Tell them if you don't get a reply, you will take it further, as you've been more than reasonable by giving them 6 weeks already, plus another 2 now.

Asked them over the phone for a definite date and they were supposed to give me a call this morning but no word (for the 2nd time) so I think I will have to start putting things in place incase I have to take it further.
Will get that off to them tomorrow so.

Thanks again, (and enjoy the final hours of lost!! aghhhh)

L1011

One lengthy argument, and two calls to an area manager later and I've got a new handset. The area manager said no initially, and I had to argue the staff in to calling again to 'remind' them of consumer law and the size of my bills...

RangeR

Sparky J wrote: »

Asked them over the phone for a definite date and they were supposed to give me a call this morning but no word (for the 2nd time) so I think I will have to start putting things in place incase I have to take it further.
Will get that off to them tomorrow so.

Thanks again, (and enjoy the final hours of lost!! aghhhh)

Phone calls are useless. Do as jor el says. The sooner the better. That was you have absolute proof. Rather than "he said, she said" about phone calls.