Should I be covered?

Blitz17

Hi all,

I bought a brand new Samsung Galaxy S4 on 24 month contract on 10 September 2013. Now we fast forward to November 14th and I plug the phone in to charge as it went dead. The phone wouldn't charge at all so I returned it to the shop who said they will send it off to see whats wrong. This was on November 16th.

I got no update or anything so I phoned on Saturday to see whats going on, I was then informed that the charging system inside the phone is broke (obviously??) and it will cost €160 to fix as it is MY FAULT that its broken :eek:

If the screen was smashed to bits then I would understand that it would clearly be my fault but for them to state it is 100% my fault and I'm not covered by warranty is outrageous. Surely they could state that its the customers fault with ALL situations and make a bloody fortune?

Any idea where I go from here ? Rang the shop manager today but he said he wasnt in the "mood" to speak to me and to call tomorrow. :eek:

I have a lot of patience but its running out.

irish_goat

Blitz17 wrote: »

Any idea where I go from here ? Rang the shop manager today but he said he wasnt in the "mood" to speak to me and to call tomorrow. :eek:

Get in touch with head office about that. They'll probably get it sorted then as well.

Blitz17

irish_goat wrote: »

Get in touch with head office about that. They'll probably get it sorted then as well.

I knew I left something out. I did call the head office after that and explained situation and was told nothing can be done it be €160 :mad:

irish_goat

Blitz17 wrote: »

I knew I left something out. I did call the head office after that and explained situation and was told nothing can be done it be €160 :mad:

Did you mention the manager saying they weren't "in the mood"? Can't really believe they'd get away with that.

Blitz17

irish_goat wrote: »

Did you mention the manager saying they weren't "in the mood"? Can't really believe they'd get away with that.

Exactly what I was thinking but the customer service I have received so far has been garbage so I should of expecting it.

duffman13

The same thing happened me last week. I dropped phone into meteor who sent it to be repaired. I got it back today working with no charge. The battery was faulty which apparently happens every now and again Also a faulty processor. If your not happy ask the phone to be sent back to samsung to be checked and not some 3rd party company

Edit: Also try go in, i bet the manager will make time to speak to you

Blitz17

duffman13 wrote: »

The same thing happened me last week. I dropped phone into meteor who sent it to be repaired. I got it back today working with no charge. The battery was faulty which apparently happens every now and again Also a faulty processor. If your not happy ask the phone to be sent back to samsung to be checked and not some 3rd party company

I believe it was sent to Samsung in Dublin, I rang Samsung tech support who said if thats what the shop said then it be the same if i send it to them

duffman13

Blitz17 wrote: »

I believe it was sent to Samsung in Dublin, I rang Samsung tech support who said if thats what the shop said then it be the same if i send it to them

Well i know most of the providers send to an intermediary i.e fonefix. Try find out and ask for a second opinion if your sure you didnt damage it.

Greenmachine

Did you buy the phone with your credit card. Some credit card policy cover for loss, theft and premature failure of your purchases.

Blitz17

Greenmachine wrote: »

Did you buy the phone with your credit card. Some credit card policy cover for loss, theft and premature failure of your purchases.

Nope I paid with cash unfortunetely.

duffman13 wrote: »

Well i know most of the providers send to an intermediary i.e fonefix. Try find out and ask for a second opinion if your sure you didnt damage it.

100% didnt damage it , I've never damaged or lost a phone in all of years of having one (touchwood). I'll try see who they sent it to although the service with them has been appalling. I should just get out of the contract and stay clear of that company.

WildCardDoW

Stuff like this (and water damage) are often used by repairers (and then the retailers) to issue charges for repairs and to escape the fact they do have to repair/replace under consumer law (which they can say doesn't apply as it's misuse etc). Reasoning for this is probably varied, but I know sometimes a retailer and a manufacturer will have an agreement in place that a certain amount of units have to be faulty for the retailer to get a refund!

You may have to go the line of Small Claims Courts to fully protect your rights, but before that you are best going to talk to the manager and talking (calmly) to him/her and stating your rights, point out that you've had the phone for a short time and most likely this fault was present in the phone at time of purchase and state your rights, which are for a replace, repair or refund, the choice of which is up for you and him/her to agree on (repair is reasonable, but the time delay on the repair at this stage already gives you an advantage so you could argue for a replacement, if they disagree it's time for the next step).

If she/he disagrees the next step is a letter (to the store or Head Office?) in which you tell them you will be going to the S.C.C and give them a certain time to respond (others can probably offer more help with the typical letter outline).

SCC will cost you €25 IIRC.

EDIT: Also, you will need proof of purchase!

Bepolite

Good advice above.

Chat nicely to store manager, although there is probably not he/she can do.
Speak again to head office. Nicely then move on to a polite but assertive, I need to speak to your legal department please. 'I need some details for the summons.' (Most places have an escalation policy)

Get the proper company name and number - check this with the CRO if you can.

Send a letter marked formal complaint, you can forward them the draft summons if you like - it probably won't do anything a letter wont'

Proceed to small claims court if it's still not resolved. You can get FLAC to assist you with making the SmCC paperwork if required.

Riamfada

You never mentioned what was the diagnosis of the fault. What exactly is causing it? Is it water damage? If the phone is genuinely damaged and the company can prove this what would the outcome be for the OP?

Bepolite

Riamfada wrote: »

You never mentioned what was the diagnosis of the fault. What exactly is causing it? Is it water damage? If the phone is genuinely damaged and the company can prove this what would the outcome be for the OP?

If they can prove the OP damaged it (51% or more) then the OP will be out €25. It's going to be tough enough, perhaps a surge?

Blitz17

No call from manager today so phoned myself. Spoke to manager who said the only thing he can do is physically look at the phone himself when he gets it back and if there's no damage then he will replace the phone. But if there's any bit of damage then the matter is done and dusted and my warranty is void (they already told me the warranty has been voided)

Phone was 100% immaculate when I handed it into shop, It was never actually outside of its full case from unboxing it to the day I brought it in for repair.

Will let know you how that goes before I proceed any further.

Thanks for the suggestions.

wmpdd3

Be careful who you let at the phone from now on. Do not let the phone sit in the store, stay with it.

When the phone comes back it should have a few sheets attached detailing where the damage is, what it may be and the quote and what they propose to replace.

1st thing, try your battery n another unit, if you can and try another battery in your unit.

Obviously if your unit charges with another battery, you have a different issue than they seem to think. The shop will tell you all this has been checked but in my experience this wasn't always the case.

If you do proceed to the SMC yo will need some type of other opinion, you may have to send you unit to another phone menders and get their opinion, if they aggree with repairer number on, not so good!

Bepolite

wmpdd3 wrote: »

If you do proceed to the SMC yo will need some type of other opinion, you may have to send you unit to another phone menders and get their opinion, if they aggree with repairer number on, not so good!

Not strictly necessary at this stage, an informal meeting would be held with the registrar in the first instance and this meeting is informal, you only really need witnesses if it proceeds to the District Court and then, and I stand to be corrected on this, you will likely have to bring the witness along with you. The registrar would be able to advise you further on this.

Chances are, no one is going to take time out to attend the meeting and you will win by default.

None of the above should be relied upon other than to outline the process in an ideal world and my potentially faulty understanding of it.