Phone broken in pocket

CloudCumulus

My boyfriends Xperia Z3 seems to be the bane of his life.
In the first few months the phone overheated while charging causing the back glass screen to crack. It was repaired free of charge.
Two weeks ago he had it in his pocket, took it out and the screen was cracked.
The Sony repair centre said it was definitely dropped, but it wasn't.
Has he any rights here?
Sorry if this is in the wrong place.
The phone is a year old this month and comes with a two year warranty.

L1011

I imagine the mods will move this to Consumer Issues where you can give advice, but I'm going to try keep within the rules here... a bit anyway.

You would need to be able to to show there was a manufacturing fault. The rear screen breaking from overheating could be a strong indicator of one and that heat could also have damaged the front screen to the point that it could have cracked at any moment. A strongly worded letter along these lines would be the first course of action; and I'd definitely attempt small claims if that got nowhere.

Your contract is with the retailer - whoever supplied the phone rather than specifically the network (unless bought off them) or the repairer.

Kings Inns or bust

L1011 wrote: »

I imagine the mods will move this to Consumer Issues where you can give advice, but I'm going to try keep within the rules here... a bit anyway.

Oh for the love of God I hope they don't. Let me simulate what will happen.

It's a repair, replace, recycle...

No you me repair, reduce, refund...

No it's out of warranty

No it's the law of the EU God everything comes with a two year warranty...

Other than that, good advice. Small claims if you get nowhere - it's worth a punt for €25. Also Sony phones are ****e.

Marcusm

Sue the manufacturers of the trousers for damaging the phone!

Seriously, absent a clear manufacturing issue widely recognised, I suspect you would find any legal avenue overly expensive. Is there any way to minimise the replacement cost through swapping the damaged phone?

CloudCumulus

Thanks all for the replies.

I was exhausted after having those effing repair people shouting down the phone at me that it was dropped and there are scratches on it.
I contacted the consumer rights people and without any evidence of how it happened it seems there's little that can be done.

The only option is to take it back from them, have the screen repaired for 50% of what they are quoting me, and leave it at that.
The lady in the consumer agency said the small claims might not look at it, and it's a lot of effort for a phone.

L1011

Small Claims is extremely low effort.

CloudCumulus

It's not about the effort of it, it's that I was told it may not be looked at.
And I have no evidence that it wasn't dropped on its head.
If anyone has had a similar experience and can advise me, I would most definitely take it to the small claims.
But consumer information don't seem to think it will go anywhere.

L1011

If the registrar refuses it you've not ventured anything. I've 100% success rate (out of 2) hardware related small claims.

jcd5971

Kings Inns or bust wrote:

Other than that, good advice. Small claims if you get nowhere - it's worth a punt for €25. Also Sony phones are ****e.

Small claims I agree is a good bet, especially with evidence of previous faults.

Have to disagree with you on Sony phones I have had one of each generation and found them great, in fact
I'm replying right now on a z1 still as good as day it was bought. Bit off topic sorry.

CloudCumulus

So anyway,
I rang Cotizens Info who said that because we dealt with Sony rather than Vodafone, where he bought the thing, we wouldn't have a leg to stand on, also the fact that we had it repaired by someone else before, when it slid off the bed and the screen cracked.
Onviously didn't tell Sony that though.

So on Friday I took it to a guy who had quoted me €85 for the screen.
Himself left it in that morning and he said €95, for the screen and the tiny little piece in the corner that just decided to fall off one day.

I go in at 5 to collect, the screen was done, the corner piece wasn't. The back was raising up which he explained that is what happens in those phones because the battery expands.
So basically he's sellotaping the phone in front of me and says 95.
I said no, 85 cos it was the screen only and thats what I was quoted on Wednesday. He tells me prices change every day, offers me a fiver I said no.
Starts ignoring me, I stand there going nowhere, eventually get the ten, says never come back again.
So much drama with this thing!

ED E

Don't use that phone again. Its a hazard.

Li-ion cells are sealed and will bloat for a while then breach often violently. The rear of the LCD is only thin alu and won't last that long under rear pressure. You really dont want it to blow in his pocket/bag/your house.

@Mods: OT to legal but this really is a safety issue.