Repaired modem is faulty again

Lady Chatterton

I purchased an O2 Broadband mobile broadband device last November for €79. The device isn't used very much, I usually only use it when I'm away from home for a weekend or when I'm on holidays.

In March the device stopped working (it wouldn't power on) so I returned it to the store I purchased it from. The manager advised me that it had to be sent for repair and the store would not be offering a replacement. I agreed to have the modem repaired.

I've used the device a couple of times since it was repaired but now the same fault has reoccurred. Can I insist on receiving replacement or do I have to let the store return the product to the inspected and repaired again? I'd really appreciate some advice, many thanks

ytpe2r5bxkn0c1

My understanding is that the seller has the refund or replace choice but that as the purchaser you can allow him one repair before insisting of replacement or refund.

Lady Chatterton

Thanks for your reply, I'd be happy enough with a replacement.

foggy_lad

MrsD007 wrote: »

Thanks for your reply, I'd be happy enough with a replacement.

They will tell you that you must go through three or more repair attempts before they will even consider a replacement or refund but this is just a shop policy and not the law.

All repairs must be permanent and if a product fails a second time you can ask for a replacement or refund, the shop can still refuse both of these but you would then go through the small claims court and win.

You can get the small claims court forms in your local courthouse, it does no harm to let shop staff see the forms when you are talking to them, it shows that you will take them to court as they work on the hope that most people won't bother and will allow the shop to deny their statutory rights.

Lady Chatterton

Thank you very much for your advice foggy_lad, it's much appreciated


I really need a replacement device as I'm going on holidays in less than two weeks and the repair the last time took almost a month. Thanks for the tip re: the Small Claims Court forms, I'll pop into the court house for the forms before I go to the store.

Lyn256

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

Take a look at this and maybe even print it out

About halfway down the page it says that a repair must be permanent and that if it reoccurs you are entitled to a refund or replacement

The problem you find is that shops often have policies that breach the law (3/4 repairs) so if you can bring a print out in with you it may save you an argument and lots of hassle

RangeR

foggy_lad wrote: »

You can get the small claims court forms in your local courthouse

You can also file online.

Lady Chatterton

Update

I went to the store this morning armed with my NCA print out. Foggy_lad was spot on with his information. The Store Manager advised me that I would not be offered a replacement or refund until the device had been repaired and failed three times.

I referred him to the 'all repairs should be permanent and if the same fault develops after a repair the customer is entitled to request a replacement or refund'. He was having none of it, he said that he was not particularly interested in Irish consumer law that it was his job to adhere to company policy.

I'm going on holidays soon so I need a new mobile broadband device, I ended up purchasing a new modem from a competitor across the road and I'll pursue the other store through the Small Claims Court for a refund. It's a shame that their customer service is so poor, there are going to be big losers here, my family and I spend a fair bit on phones, tablets and gadgets but I've no intention of supporting the store again

Many thanks guys for all your help, it's much appreciated

RangeR

MrsD007 wrote: »

He was having none of it, he said that he was not particularly interested in Irish consumer law that it was his job to adhere to company policy.

I'd take him to the cleaners, if I was you. He's in the wrong business and wrong country.

I'd make a formal complaint to O2
I'd make a formal complaint to NCA
I'd run him through the SCC and make an example of him.

The ONLY defence I would allow him is that he want's to keep his job. ALL of the networks tell their staff, indirectly, to ignore consumer law. This must stop.

Lady Chatterton

RangeR wrote: »

I'd take him to the cleaners, if I was you. He's in the wrong business and wrong country.

I'd make a formal complaint to O2
I'd make a formal complaint to NCA
I'd run him through the SCC and make an example of him.

The ONLY defence I would allow him is that he want's to keep his job. ALL of the networks tell their staff, indirectly, to ignore consumer law. This must stop.

I need to be fair to O2 here, the modem is an O2 modem but it was not purchased from an O2 store, it was purchased from an independent retailer.

It's a shame that people have to waste time and money going to the Small Claims Court with things that could be very simply resolved in store.

Soundman

Complain to O2 anyway. They might not like what they hear and revoke the shop's rights to sell their products. Would hit him where it hurts.

Lady Chatterton

Soundman wrote: »

Complain to O2 anyway. They might not like what they hear and revoke the shop's rights to sell their products. Would hit him where it hurts.

Actually, you make a good point, Soundman. O2 have lost a customer to a rival network because of the Independent Retailers handling of the situation.

I'm not looking for anything drastic to happen here, I'm not trying to damage someone's business, I just want stores to have fair terms and conditions and they comply with the laws of the land.

Lyn256

Regarding pursuing your claim to the SCC, while I think that you have a cut and dried case, keep as many details as you can regarding when you went into complain, dates, details etc-just in case.
You really have a strong case but if the retailer disputes your claim (on what grounds-I don't know) then having additional detail can be helpful should you need to respond.

Its been a few years since I had dealings with the SCC but when I did, I had to chase them on the claim as I heard nothing for 4/5 weeks but the retailer disputed our claim but all in all it was resolved in our favour in about 10 weeks

Riamfada

Im confused. The retailer upheld O2 company policy and some posters here are suggesting that you complain to the company who's policy stated you cannot get a replacement in order to get the store manager fired?

Should your issue not be with O2 policy than a personal issue with the store manager born from O2 policy? (Which I believe is the same as other providers?)

Riamfada

RangeR wrote: »

I'd make a formal complaint to O2
I'd make a formal complaint to NCA
I'd run him through the SCC and make an example of him.

Again the issue is with Telefonica O2 and not the retailer , the retailer has to follow the rules set down by O2 or he could lose his licence to sell.

P. Breathnach

Riamfada wrote: »

Im confused. The retailer upheld O2 company policy and some posters here are suggesting that you complain to the company who's policy stated you cannot get a replacement in order to get the store manager fired?

Should your issue not be with O2 policy than a personal issue with the store manager born from O2 policy? (Which I believe is the same as other providers?)

It's a basic element of consumer law that the consumer's remedy is against the person who directly supplied the good or service. If the ultimate responsibility lies further up the line, the person who provided the good or service to the consumer can take action against his or her supplier.

foggy_lad

Riamfada wrote: »

Again the issue is with Telefonica O2 and not the retailer , the retailer has to follow the rules set down by O2 or he could lose his licence to sell.

The retailer and only the retailer is obliged by law to provide redress in the form of repair replacement or refund. If a repair is undertaken it must be permanent.

Riamfada

foggy_lad wrote: »

The retailer and only the retailer is obliged by law to provide redress in the form of repair replacement or refund. If a repair is undertaken it must be permanent.

No I understand this, but if the retailer was an O2 agent and the repair was facilitated by O2 directly (which i assume it was) and that the contract is with O2 surely as the service provider, supplier, repairer of the device the OP would have a much better response by dealing directly with the service provider rather than the retailer? Especially as it seems it is the service provider who dictates the repair policy.

It is not the case where O2 does not provide a customer care line, it does and if the OP explains the situation as a customer of O2 surely she/he could get redress easier and quicker than going to the courts.

It seems strange to me that the customer made no effort to contact the service provider or any other representive of the company before resorting to legal action.

While I agree that the OP is of course in the right Im simply questioning the need to jump to the courts or to "have fired" the manager. I personally do not feel that the OP has made an adequate attempt to rectify the situation by not calling O2 directly even to clarify their repairs and replacement policy.

I simply think this could be resolved by speaking to the person above the manager? ie store owner or area manager for o2

Lady Chatterton

I'm satisfied that I have done everything I can as a customer to resolve things, I wish I didn't have to go to the SCC but I don't see any other way of getting this sorted now.

I already agreed to a repair, that repair was carried out in March and it should have been permanent but it wasn't. I requested a replacement on Friday as is my right but the store manager advised me that the device would have to be repaired on three times before a replacement would be offered. I think that this is completely unacceptable.

Edit: I did speak to their head office and I was told that the device would have to be repaired/fail three times before it would be replaced.

Riamfada

MrsD007 wrote: »

Edit: I did speak to their head office and I was told that the device would have to be repaired/fail three times before it would be replaced.

Ok, best of luck. Hope it gets sorted for you.Please let us know how you get on.

foggy_lad

Riamfada wrote: »

No I understand this, but if the retailer was an O2 agent and the repair was facilitated by O2 directly (which i assume it was) and that the contract is with O2 surely as the service provider, supplier, repairer of the device the OP would have a much better response by dealing directly with the service provider rather than the retailer? Especially as it seems it is the service provider who dictates the repair policy.

It is not the case where O2 does not provide a customer care line, it does and if the OP explains the situation as a customer of O2 surely she/he could get redress easier and quicker than going to the courts.

It seems strange to me that the customer made no effort to contact the service provider or any other representive of the company before resorting to legal action.

While I agree that the OP is of course in the right Im simply questioning the need to jump to the courts or to "have fired" the manager. I personally do not feel that the OP has made an adequate attempt to rectify the situation by not calling O2 directly even to clarify their repairs and replacement policy.

I simply think this could be resolved by speaking to the person above the manager? ie store owner or area manager for o2

In this case the contract for the supply of the handset is with the shop and not O2, the service contract is with O2 but is dependant on the handset contract being in order as the op is paying a monthly figure which includes the cost of the handset.

If there was any issue with the service such as dropped calls etc then it is up to O2 to sort this out but the retailer is legally obliged to sort out issues with the handset.

The need to jump to the courts is because companies like O2 Meteor Vodafone etc rely on consumers believing what they are told or just putting up with their shop policies rather than seek to get what they are entitled to. Shops lie to their customers who are in many cases too lazy to seek out the truth for themselves, shops rely on most people just giving up.

cassid

Its probably too late for you now but I was told you have every right to "Reject and Rescind" the offer of repair and ask for your money back. Hope things work out for you with the SCC, am sure its a hassle you don't need.