Mobile phone has to be sent for repair 3 times before replacement.s

Payton

Hi Im wondering where in the Sale Of Goods Act 1980 it states that a mobile phone must be sent off 3 times before being replaced. An issue has arose where my phone is faulty and there is no repair for it, according to a number of websites. But my service provider said it must be sent for repair 3 times?

Jarren

Repair
If you request a repair of a faulty product instead of rejecting it, it should be a permanent repair. If the same fault occurs again, then you should be entitled to a replacement or refund. If you are not happy with the retailer’s offer to repair the item, you can reject it. But if you do this, you may have to use the Small Claims process if you want to take the matter further.

http://www.nca.ie/nca/faulty-goods

Carstuck

OP, under the Act you can reject the repair and insist on another remedy i.e. replacement or a refund. I had the same problem as you 2 years ago and I wrote to the company and stated I wanted a full refund or else I would move providers. 2 days later I got a refund.

Payton

Thanks guys, I'll keep that in mind when I get the phone back.

doxy81

I have been with 3 for around 4 mths. I got the iphone 4s all you can eat data contract. I was happy with everything untill I noticed a problem with the microphone on my phone which slowly got worse. I was sent to Fonemenders who arranged a replacment as the phone was deemed to have a manufacturing. I was without my phone for an entire week. I had such problems contacting Fonemenders as they seem not to answer their phone but besides all that i received an new phone last Friday. On Saturday morning i noticed the new phone's screen was jumpy and white around the edges where the back light seems to be shining through. the phone crashes all the time and the screen does not react properly. I contacted 3 on sat morning and was told i would have to go through the whole process again!!!!!! I am disgusted with their lack of customer service, it is like talking to robots!!! I need my phone for work and cannot go through the whole thing again it is just so frustrating!! When i said i wanted to cancel my contract because i have just had enough of this crap but i was told i could not. i have looked up the consumer rights and i should in fact be within my rights to do so. i am so angry!! They just keep saying they are sorry and that they will look into it and call me back but i don't get a call back. I thought these were a professional company but they are anything but!!! I'm currently waiting for a call back (ha ha)!!!!! how am i gong to survive a 24mth contract with this crowd???

foggy_lad

doxy81 wrote: »

I have been with 3 for around 4 mths. I got the iphone 4s all you can eat data contract. I was happy with everything untill I noticed a problem with the microphone on my phone which slowly got worse. I was sent to Fonemenders who arranged a replacment as the phone was deemed to have a manufacturing. I was without my phone for an entire week. I had such problems contacting Fonemenders as they seem not to answer their phone but besides all that i received an new phone last Friday. On Saturday morning i noticed the new phone's screen was jumpy and white around the edges where the back light seems to be shining through. the phone crashes all the time and the screen does not react properly. I contacted 3 on sat morning and was told i would have to go through the whole process again!!!!!! I am disgusted with their lack of customer service, it is like talking to robots!!! I need my phone for work and cannot go through the whole thing again it is just so frustrating!! When i said i wanted to cancel my contract because i have just had enough of this crap but i was told i could not. i have looked up the consumer rights and i should in fact be within my rights to do so. i am so angry!! They just keep saying they are sorry and that they will look into it and call me back but i don't get a call back. I thought these were a professional company but they are anything but!!! I'm currently waiting for a call back (ha ha)!!!!! how am i gong to survive a 24mth contract with this crowd???

Put everything in writing to them and don't accept any phone calls from them only emails. tell them you want the phone replaced with a new (not a refurbished) phone as they have already replaced it once, you allowed them attempt a repair on your first handset and they could not repair it so replaced it. your next option will be a refund and recinding of the contract.

If they don't play fair and reasonably with you you can always contact ComReg.

Procrastastudy

Stautes don't give specific guidelines for specific issues - its all open to interpretation. You'd need to find cases and good luck in doing that as its very difficult to get reports on cases under €38,000 - the jurisdiction of the High Court. The advise Foggylad has given you is the best option. Make some wave with ComReg.

On 3 being robots you have hot the nail on the head - its some (very polite) guys in India reading off a knowledge base with the option of - read whats on screen or we fire you and get some one else. When 3 first set up in the UK they made the mistake of giving the knowledge base to stores. It was quite enlightening to read "Tell customer this is a unique issue and will be escalated to the engineers" for about 40% of common known issues.

One of the first thing I do when I'm going to be on a long contract is phone the CS line. If it sounds like it's in India I don't buy. I've nothing againt the people just the companies that use outsourced CS outwith the country I'm buying in. (Okay I'll settle for the UK). That reminds me I must cancel move my Aviva life insurance!

EDIT: Oh I forgot there either a presence on Boards or facebook that is manned by Irish Staff - you might try there.

ZENER

doxy81 wrote: »

I have been with 3 for around 4 mths. I got the iphone 4s all you can eat data contract. I was happy with everything untill I noticed a problem with the microphone on my phone which slowly got worse. I was sent to Fonemenders who arranged a replacment as the phone was deemed to have a manufacturing. I was without my phone for an entire week. I had such problems contacting Fonemenders as they seem not to answer their phone but besides all that i received an new phone last Friday. On Saturday morning i noticed the new phone's screen was jumpy and white around the edges where the back light seems to be shining through. the phone crashes all the time and the screen does not react properly. I contacted 3 on sat morning and was told i would have to go through the whole process again!!!!!! I am disgusted with their lack of customer service, it is like talking to robots!!! I need my phone for work and cannot go through the whole thing again it is just so frustrating!! When i said i wanted to cancel my contract because i have just had enough of this crap but i was told i could not. i have looked up the consumer rights and i should in fact be within my rights to do so. i am so angry!! They just keep saying they are sorry and that they will look into it and call me back but i don't get a call back. I thought these were a professional company but they are anything but!!! I'm currently waiting for a call back (ha ha)!!!!! how am i gong to survive a 24mth contract with this crowd???

Why don't you just call Apple support ?

Ken

Payton

Jarren wrote: »

Repair
If you request a repair of a faulty product instead of rejecting it, it should be a permanent repair. If the same fault occurs again, then you should be entitled to a replacement or refund. If you are not happy with the retailer’s offer to repair the item, you can reject it. But if you do this, you may have to use the Small Claims process if you want to take the matter further.

http://www.nca.ie/nca/faulty-goods

My phone started to crash again so I brought it back to the store, and my experience there was nothing short of shocking. The manager "knew all about consumer right" but still wouldnt "replace or refund" so I had to ring the NCA while in the shop and say word for word what the agent was telling me as he wouldnt speak too her, and guess what the penny dropped and the wheels are turning.
Ive sent an email to Meteor about the dreadful experience that I received from the store manager but to be honest Im not holding out too much luck on a reply.

Procrastastudy

on the verge wrote: »

My phone started to crash again so I brought it back to the store, and my experience there was nothing short of shocking. The manager "knew all about consumer right" but still wouldnt "replace or refund" so I had to ring the NCA while in the shop and say word for word what the agent was telling me as he wouldnt speak too her, and guess what the penny dropped and the wheels are turning.
Ive sent an email to Meteor about the dreadful experience that I received from the store manager but to be honest Im not holding out too much luck on a reply.

You have to bear in mind that Store managers have about as much decision making power as the kettle in the staff room. That doesn't preclude them from being polite however. I was well aware of consumer law when I was a store manager - if I was in the wrong I just played dumb.

Payton

Looks like I have to take this to the small claims court. The company are still requesting I send the phone away "3 times for repair". I've sent a letter in requesting my rights under the SOGA 1980 but no joy.
I'll keep you posted how it goes.

Procrastastudy

Payton wrote: »

Looks like I have to take this to the small claims court. The company are still requesting I send the phone away "3 times for repair". I've sent a letter in requesting my rights under the SOGA 1980 but no joy.
I'll keep you posted how it goes.

People bang on about the Sale of Goods Act (Which is actually the Sale of Goods and Supply of Services Act. The Sale of Goods Act is 1893) but it is far from the only piece of legislation involved. If you want to get quotey this is a good one.

Section 7 has states that the remedy provided must not inconvenience the the consumer. I'd say* being without my mobile three times constitutes inconvenience.

*My opinion is a lay opinion and no better than any other random opinion you are going to get of the internet.

Sponge Bob

fonemenders are not authorised to repair an iphone. if they do anything other than visually inspect it they will void your warranty.

Payton

Procrastastudy wrote: »

Section 7 has states that the remedy provided must not inconvenience the the consumer. I'd say* being without my mobile three times constitutes inconvenience.

*My opinion is a lay opinion and no better than any other random opinion you are going to get of the internet.

I'd say being unable to use my phone for the purpose that I bought it for and where includes the contract which includes the use of "Mobile Internet" but I cant because of the problem with the phone constitutes inconvenience. As I've been told by the NCA the repair (first repair) should be a permanent repair.
Section 7 paragraph 8 reads: "The consumer is not entitled to have the contract rescinded if the lack of conformity is minor" What is classified as Minor?
The phone didn't go to fonemenders but to fonefix.....same company??

Procrastastudy

Payton wrote: »

I'd say being unable to use my phone for the purpose that I bought it for and where includes the contract which includes the use of "Mobile Internet" but I cant because of the problem with the phone constitutes inconvenience. As I've been told by the NCA the repair (first repair) should be a permanent repair.
Section 7 paragraph 8 reads: "The consumer is not entitled to have the contract rescinded if the lack of conformity is minor" What is classified as Minor?
The phone didn't go to fonemenders but to fonefix.....same company??

I'm afraid sans a legal qualification (and even then) your interpretation is as good as mine when it comes to legislation. Personally ten, perhaps even five years ago, I would have said mobile internet was minor. These days I use data more than voice!

foggy_lad

Sponge Bob wrote: »

fonemenders are not authorised to repair an iphone. if they do anything other than visually inspect it they will void your warranty.

If the shop sends it off to these cowboys for repair then the shop are fully liable for any warranty which gets voided!

As for what is considered minor, a small repair like changing a keypad or other button might be considered minor, something which will not impact on your handset at all after the repair.

Payton

I think is a major problem, I cannot use my phone on Mobile Internet which was sold as part of the plan when I purchased the phone. I have updated the phone with the latest software from HTC and now the problem is worse, I dont have to be connected to the Mobile Internet for the issue to arise, where I have missed calls, dropped texts.

Stinicker

I successfully sued Three this year after a saga which lasted almost 4 months as I was not receiving proper network coverage. They also tried to mess me about with their improper phone repair service "fonemenders".

http://www.boards.ie/vbulletin/showthread.php?t=2056415717

If the phone is an iPhone deal directly with Apple and do not deal with Fonemenders.

I was released from my contract a year early, refunded the phone cost, compensated financially and kept the phone which becomes your property from the beginning of contract. Three are a diabolical company to deal with and are not worth the dirt on your boot. I'm with Meteor several months now using the same phone and have not had one problem since switching.

Payton

My issue is with Meteor, Nobody from them has contacted me I had to do all the running around and contact Customer Care all the time. I was told by a guy who told me the I "was not entitled to my rights and the phone has to sent away 3 times for repair" !!!
Im going to have a read through your post Stinicker and see if I can get any pointers.

doubletrouble?

payton i'm in the same position as you. i think most mobile companies send of the phone 3 times before they even look at you let alone speak or communicate with you even though it's in black and white about consumer rights. my issue is with vodafone and their policy is the same even though one did say i am correct on my rights. i'm in the process of going through the small claims as well. just a word of advice make sure it's the right company you put down under Respondent(s) . apparently alot of mobile stores are not registered in their own name with the C.R.O. as the NCA keep saying consumer law over rides company/store policy but they (phones stores) just blatantly ignore this.

Payton

I have read through Stinickers post and its a terrible ordeal to put anyone through but you got the result in the end.
@ Doubletrouble? I'm just about to go through the SCC shortly as in waiting to here back from ComReg. I sent them an email but not sure how long it takes for them to rely back.
I'm using a crappy phone as HTC took my phone in for repair, I was following instructions that was given to me by HTC and got a red triangle an exclamation mark when doing a factory reset so they wanted the phone in for repair to the UK. I have been in contact with HTC through the whole process and they have said there is "no fix available" for my orginal home screen issue, maybe the new problem is related but not something you want too hear or insall confidence.

L1011

I went calmly ballistic (if you can understand what I mean about that) in Meteor and eventually the area manager agreed (over the phone) to replace after two failed repairs.

I should probably have let them go a third time and gone to Consumer Affairs to try and get them forced to stop this ridiculous charade, but I wanted my damn phone back.

As far as I know (having gone for the job of IT manager for them!) Meteor and eMobile stores are now all operated by a single, tied franchiser rather than Meteor, which will likely make this even harder to deal with.

doubletrouble?

payton my problem started about 2 months ago. no power brought the phone back which was under warranty, no problem they said. when i went to the shop asking about my phone, battery problem €35 thanks. less than 3 weeks later no power again and they want to send it off again.they offered me P.O.S. as temporary phone while my other one was going to be repaired. in the mean time they also offered me the same P.O.S. or a blackberry as a replacement phone as my own type is not on sale any more.i've no interest in the blackberry. once bitten twice shy as the saying goes. at the moment i'm using a musicexpress. unfortunately it'll have to do.
MYOB. you cant believe how much i tried to get an area manager. i tried lots of different areas from customer care to other vodafone shops but was always fobbed back to the shop and their 3 return policy.
what i cant understand is why these consumer agencies are not taking any action against these cowboys to enforce the consumer law.

Payton

I've gone through Meteors Policy on returns and nothing about the phone to be returned 3 times.
Or in there Code Of Practice

Stinicker

Payton wrote: »

I've gone through Meteors Policy on returns and nothing about the phone to be returned 3 times.
Or in there Code Of Practice

http://www.nca.ie/nca/faulty-goods

Repair

If you request a repair of a faulty product instead of rejecting it, it should be a permanent repair. If the same fault occurs again, then you should be entitled to a replacement or refund. If you are not happy with the retailer’s offer to repair the item, you can reject it. But if you do this, you may have to use the Small Claims process if you want to take the matter further.
Remember, the retailer may charge you for the repair if you have been responsible for the damage to the product.

It seems you may well have to take them to the Small Claims Court, claim for the cost of an unlocked phone and the small claims fee also, if you are in contract and want out now is a good time to try also.

doubletrouble?

just a quick reply to this thread, and a quote from someone else on a similar thread of mine.

wrote:

Maybe life's too short. Don't stress urself out over a phone. Let them check it over. If its verified to be the same problem then they'll give u a new phone. If not, they fix the new problem. It's win win.

to cut a long story short, i brought the phone back, they repaired it with me paying for a battery. two weeks later it went dead again. they also have a 3 return policy.
it's a good thing i didn't listen to this advice. i instigated the small claims court. the company got in touch and it's just about sorted. so it is worth it pursuing your rights if you do have a case.