Phone replacement

sassa

My mother signed up with emobile on bill pay in November last year. since then the screen on her phone has had to be replaced 3 times. The screen is now faulty again and will need to left in for repair again. as this is the fourth time the same fault has occurred does she have the right to ask for the phone to be replaced? she rang this morning to ask and was told they will only replace her phone if she signs up to an extended contract. thanks in advance for any advice that can be given

foggy_lad

sassa wrote: »

My mother signed up with emobile on bill pay in November last year. since then the screen on her phone has had to be replaced 3 times. The screen is now faulty again and will need to left in for repair again. as this is the fourth time the same fault has occurred does she have the right to ask for the phone to be replaced? she rang this morning to ask and was told they will only replace her phone if she signs up to an extended contract. thanks in advance for any advice that can be given

Repair, Replacement and Refund is generally the order for statutory rights with goods when things go wrong. Legally she did not have to accept a 2nd repair as all repairs must be permenant. At this stage she needs to write a letter to the shop and tell them to replace with a new handset of the same model or similar price, or give her a full refund.

They will drag their heels as most phone shops do because they rely on people just giving up when confronted with their bullsh1t and scheming.

Your mother should download the Small Claims Court forms and fill them out in preparation, or go to her local district court office and the registrar will give her the forms and will offer advice on what she will need to take a case against the shop.

dudara

As long as the damage is not being caused by your mother, then you are covered by Consumer Law. You are entitled to expect a repair to be permanent. If it is not permanent, then you can reject further offers of repair and instead pursue a replacement or refund. The main thing is to be reasonable (the consumer and retailer both).

In this case, emobile are pulling the proverbial p**s and should replace or refund at this stage. Follow the advice given above of a registered written letter (cc'd to shop manager and emobile HQ) and be prepared to go the Small Claims Court.

sassa

She's asked everytime what the problem is and if it's something she's doing and is always told it's a basic fault with the screen and has happened a lot with that model. If anything she's been a bit gullible and was going to settle for another repair.
I told her of the above advice and she was a little unsure so she called up the consumer help line which basically informed her of the same as above. so she called emobile again and was told that she "didn't have a leg to stand on" but if she wanted a new phone she could upgrade her phone if she signs up to an 18 month contract at 45 per month. at this stage I'll pay for the small claims court myself out of principal.
She definitely won't be staying with them when her contract expires.

emeldc

If it's the same promotion that I signed up for, the phone was free. How much exactly would she claim for.

The customer should shout a bit louder and get a new phone or have the contract cancelled.

keno-daytrader

try and post in the talk to eircom forum, see what they say. You may have more luck there than the muppets in the shop.

I was in a similar position with Tescomobile, and they were very good at sorting it out on their board.

YourName

emeldc wrote: »

The customer should shout a bit louder and get a new phone or have the contract cancelled.

Shouting doesn't get you anywhere. Your just abusing someone who is just doing their job, bad advice

emeldc

YourName wrote: »

Shouting doesn't get you anywhere. Your just abusing someone who is just doing their job, bad advice

Relax, I'm not suggesting she abuses anyone but 'yes sir, no sir, three bags full sir', is obviously getting her nowhere. Her contract is for a phone and a phone service. As it is she has no phone and emobiles' solution is to tie her into a longer contract. It's ridiculous and if it means collaring a manager and giving him an ear full then I'm afraid that's the way it has to be. These phone companies wont think twice about taking you to court if you break your contract, it has to work both ways.

foggy_lad

sassa wrote: »

She's asked everytime what the problem is and if it's something she's doing and is always told it's a basic fault with the screen and has happened a lot with that model. If anything she's been a bit gullible and was going to settle for another repair.
I told her of the above advice and she was a little unsure so she called up the consumer help line which basically informed her of the same as above. so she called emobile again and was told that she "didn't have a leg to stand on" but if she wanted a new phone she could upgrade her phone if she signs up to an 18 month contract at 45 per month. at this stage I'll pay for the small claims court myself out of principal.
She definitely won't be staying with them when her contract expires.

The small claims court costs €25 and there is no need for solicitors or barristers. I would fill out the forms for your mother and have them ready to send off. First you must write to the shop and tell them what you are looking for from them(a replacement phone of the same model or similar price to what was paid or a full refund) and give them a reasonable amount of time to respond(3-5days) before you send off the forms to the court

slimjimmc

foggy_lad wrote: »

The small claims court costs €25 and there is no need for solicitors or barristers. I would fill out the forms for your mother and have them ready to send off. First you must write to the shop and tell them what you are looking for from them(a replacement phone of the same model or similar price to what was paid or a full refund) and give them a reasonable amount of time to respond(3-5days) before you send off the forms to the court

Just to be clear OP, by "you" he means your mother (see post #2) as only she is the consumer.
You personally have no rights in this case, everything must be in your mother's name.
As above you have to exhaust the company's complaints procedures before going to the Small Claims Court route so get that letter out.