Bought phone with 2 year contract. Hardware issues.

Alanstrainor

Hey guys,

I bought a galaxy S4 in september from 3, and have had issues since the beginning. The phone would restart itself regularly essentially, I went back a month and a half after purchase and was told they would have to send it to phone menders. Not being in a position to be without a phone, they suggested I bring it to them directly and get the issue resolved.

I went to phone menders in December, and got the phone repaired, however it is back to its old tricks of restarting multiple times a day. Even after a system reset the device will still restart throughout the day(7 times yesterday).

Now I want a replacement new device. It has been repaired once, and it has failed again so am I correct in thinking that I should be able to request a replacement here? How does being on a bill pay contract affect my rights in this situation?

I went to the store today, and was told that they will not replace it until a second repair has been completed (which is bull according to the consumer info site I was on). This would involve them sending the phone away for a week or more, leaving me phoneless and paying 55 a month on top of this. There was no manager there for me to contest, so I left it for now, but will be back tomorrow.

Any info on how I should proceed?

Nonoperational

I think you are within your rights to now ask for a replacement or refund. They are not obliged to give you a different device though, you bought an S4 so they have to ensure you receive a working S4.

Alanstrainor

Nonoperational wrote: »

I think you are within your rights to now ask for a replacement or refund. They are not obliged to give you a different device though, you bought an S4 so they have to ensure you receive a working S4.

Cheers, that makes sense. I wonder how it works in a contract though, where the only money has been in repayments rather than a lump sum for the device. I mean I would take a refund and buy another device if that was possible, but its not.

Nonoperational

I think they are still within their rights to offer a replacement deceive to you as opposed to a refund.

Tigger

Did you get the phone free as a signing bonus for signing a contract?

sandin

They can send it for repair again. It may be a simple issue that can be resolved quickly.

You can of course refuse their offer and take a small claims case, but you will probably lose due to their offer of a second repair probably being seen ss reasonable

Alanstrainor

Tigger wrote: »

Did you get the phone free as a signing bonus for signing a contract?

I wouldn't say it was a signing bonus, it is part of the contract and why it costs so much a month! But yes, no money was paid for the handset. Just 55 a month.

sandin wrote: »

They can send it for repair again. It may be a simple issue that can be resolved quickly.

You can of course refuse their offer and take a small claims case, but you will probably lose due to their offer of a second repair probably being seen ss reasonable

After looking up my rights, I can request a replacement after one repair has failed. Which is the case. I am also not exactly happy with leaving my phone with them for a week or more, which will leave me without a phone. Granted if it came to that, and there was no other choice I would have to suck it up.

flower tattoo

Good luck with that - I have a galaxy fame bought for Christmas that keeps freezing . 3 sent it for repair and it failed again two days after getting it back. It's gone for repair again as according to 3, they can send it back three times before replacing.

Copy of reply to pm sent to 3 on here

"The phone would need to be sent for a repair again under the warranty. If the phone is attempted to be repaired 3 times but the issue is still present, then you would be given a replacement."

Alanstrainor

Cheers for the heads up. I'll take them to the small claims court before letting that happen!

Tigger

Alanstrainor wrote: »

I wouldn't say it was a signing bonus, it is part of the contract and why it costs so much a month! But yes, no money was paid for the handset. Just 55 a month.



After looking up my rights, I can request a replacement after one repair has failed. Which is the case. I am also not exactly happy with leaving my phone with them for a week or more, which will leave me without a phone. Granted if it came to that, and there was no other choice I would have to suck it up.

You can request but they don't have to agree
I'm afraid that you will have to follow their procedure which is fix if possible

Alanstrainor

Tigger wrote: »

You can request but they don't have to agree
I'm afraid that you will have to follow their procedure which is fix if possible

Even after already repairing it? That goes against any consumer info I have on this.

Or are my rights different due to the contract?

wmpdd3

No but the issue is a refund is not really available to you because even though you are paying handsomly for your phone monthly you don't have a receipt for an amount paid.

The shops give you a loan phone afaik.

I had this with my little cousin with three, each repair took about 6 days, as son as he got out back he saw the same problem and sent it back the same day, inside 1 month he had a replacement. No issues since, also the re placement was a refurb.

Alanstrainor

But is a replacement S4 not the only option since the refund doesn't make sense given the circumstances? I'd rather not go through the annoyance of jumping through 3's hoops, when as far as I can see they are going against consumer protection laws.

Alanstrainor

So I called the National Consumer Agency, and they told me that I should be eligible for a replacement after one repair has failed on the device. After logging a call with them I called the store. They told me that this is a manufacturer issue, and that the manufacturer must repair the device 3 times before they will replace. I advised them of my call with the NCA, and they simply said no.

It looks like I'll be sending them a letter, and see where this goes.

Bepolite

You can look at going down the small claims route. If you're sure of your position you can also simply stop paying the contract (I would return the handset) and go elsewhere. When they threaten court you can simply tell then you'll be happy to see them there and put you point across to the judge, if it ever gets that far which is unlikely.

All that said it's likely to be a lot of hassle with debt collectors etc. I admire you for standing your ground but as wmpdd3 has indicated it might just be easier to go with the flow. Alternatively you could contact Samsung directly and see what they say.

Alanstrainor

Bepolite wrote: »

You can look at going down the small claims route. If you're sure of your position you can also simply stop paying the contract (I would return the handset) and go elsewhere. When they threaten court you can simply tell then you'll be happy to see them there and put you point across to the judge, if it ever gets that far which is unlikely.

All that said it's likely to be a lot of hassle with debt collectors etc. I admire you for standing your ground but as wmpdd3 has indicated it might just be easier to go with the flow. Alternatively you could contact Samsung directly and see what they say.

I don't think I'll go the route of not paying the contract, it would just seem to me like adding more hassle than it's worth. I will be sending them a letter explaining my position, and that I want a replacement however, and I will see where that goes.

I appreciate that I could just play ball, but the store don't even have any temporary phones to give me! This is the second time they've told me, that their only 3 temporary phones are out, and they can't source any more phones :rolleyes:...which seems strange for a phone shop!

Alanstrainor

Thanks to the reps in the three forum, things are looking up. Have had some positive contact this morning. I'll keep this thread updated.

I also have had the NCA call me once again to state that under consumer law any repair that 3 facilitate must be a permanent repair, and since this isn't the case they must offer a replacement or refund. Their policy of repairing 3 times is only their policy, it cannot affect my rights as a consumer.

Very impressed by the NCA and the free help they've provided. Fantastic advice given at all times.

Alanstrainor

I've had a couple of PM's from the reps on boards and my most recent has said they have organised for a courier to come out with a new Galaxy S4 for me.

Success.

Hats off to the Reps on boards.ie they dealt with the issue perfectly, honestly couldn't fault the response. The in store experience wasn't acceptable, but they've redeemed themselves on here.

foggy_lad

Not a very good show by three when they have to be shamed into providing the proper redress for customers on an internet forum. This is only what they are legally obliged to do!

Why do the stores tell so many customers to "go away" that it is nothing to do with them, yet when someone creates a stir on the internet three suddenly remember their obligations?

It is about time the whole mobile phone sale and repair business was properly regulated

wmpdd3

In my opinion they sorted the issue because all you have to do is lodge a claim with the small claims court and you will prob win.

Also a phone shop with only 3 loan phones? Great customer service, can't see how three hope to keep o2 business customers with a set up like that.

Was the store a Three store or a franchise?

Op glad you got sorted, hope you don't have any issues with you replacement, get backing up your data!

Alanstrainor

wmpdd3 wrote: »

In my opinion they sorted the issue because all you have to do is lodge a claim with the small claims court and you will prob win.

Also a phone shop with only 3 loan phones? Great customer service, can't see how three hope to keep o2 business customers with a set up like that.

Was the store a Three store or a franchise?

Op glad you got sorted, hope you don't have any issues with you replacement, get backing up your data!

I would agree, but it was also the guys on boards.ie who resolved the issue, perhaps they had closer access to someone higher up to advise them.

This was a 3 store, granted a small one, but a 3 store none the less. They've had only 3 loan phones since September since i got another device repaired by them. And they are always out. Laughable really.

Cheers guys, glad I stuck to my guns in the end. Wasn't as much of a battle as I was expecting. But I'd wonder how far this would have gone if I hadn't come to boards.ie

Anyway, here's hoping this one is alright.

petes

Fair play to you for sticking to your guns. More often than not people tend to believe their 'repair three times' policy.

Alanstrainor

Got my new S4 today, and they took back the old one. Just thought I should update this thread.

Thanks to David, the three rep on boards for the help.

Nonoperational

Decent result.

Lord Nikon

@Alanstrainor I'm having the same runaround with Three staff, by phone, twitter and their online customer help. They will not budge when I've stated comsumer LAW, which supersedes their "Policy".
What exactly did CCPC (NCA) say to convince Three to back down?

Alanstrainor

Lord Nikon wrote: »

@Alanstrainor I'm having the same runaround with Three staff, by phone, twitter and their online customer help. They will not budge when I've stated comsumer LAW, which supersedes their "Policy".
What exactly did CCPC (NCA) say to convince Three to back down?

I believe it was first a case of writing a registered letter to the shop you bought the phone from stating your rights and expectations and wait for a response. Then it was a case of small claims court.

You should ring them yourself. They are very helpful.