Repair shop breaks phone - what am i entitled to?

trixie11

Phone repair shop has broken my phone during a repair and said it cant be fixed. they're offering me a replacement phone (different phone) but I expected for the original payment back for the repair also. They're saying by law I'm only entitled to replacement phone is this correct?

endacl

So you're looking for a phone plus cash, for a phone that wasn't working?

Your reasoning is not like our Earth reasoning.

Harika

endacl wrote: »

So you're looking for a phone plus cash, for a phone that wasn't working?

Your reasoning is not like our Earth reasoning.

He paid them for fixing it in advance, and the shop wants to keep that.

trixie11

I got phone repaired, paid on collection and got phone home and realised phone wasnt working (seperate issue to what they had intended to fix). they admitted they had broken this other part and attempted to fix but turned out to be big job and said it couldnt be fixed and offered me a replacement. I got choice of only 2 phones and expected the money i originally paid them back too but now saying no just replacement

Stone Deaf 4evr

trixie11 wrote: »

I got phone repaired, paid on collection and got phone home and realised phone wasnt working (seperate issue to what they had intended to fix). they admitted they had broken this other part and attempted to fix but turned out to be big job and said it couldnt be fixed and offered me a replacement. I got choice of only 2 phones and expected the money i originally paid them back too but now saying no just replacement

you had a broken phone which you paid for a repair

you now have a working phone, albeit different.

job done.

hungry hypno toad

Cowboys, Ted.

antodeco

What was the original phone and what was the replacement?

It may not be as straight forward as "job done".

If it's the same model, then yes, all ok. If not, that's a different matter!

njs030

trixie11 wrote: »

I got phone repaired, paid on collection and got phone home and realised phone wasnt working (seperate issue to what they had intended to fix). they admitted they had broken this other part and attempted to fix but turned out to be big job and said it couldnt be fixed and offered me a replacement. I got choice of only 2 phones and expected the money i originally paid them back too but now saying no just replacement

No, either your money back or a new phone. Not both.

dudara

Did they fix the original issue? If yes, then weirdly there's no real case for your money back

In terms of the damage they did, they should offer you compensation to the value of the phone (think of it like being in a car crash, where the car is written off. You get the value of the car). I don't think you have to accept their offer of one of two phones. I think you're entitled to look for cash to the value of the phone.

njs030

dudara wrote: »

Did they fix the original issue? If yes, then weirdly there's no real case for your money back

In terms of the damage they did, they should offer you compensation to the value of the phone (think of it like being in a car crash, where the car is written off. You get the value of the car). I don't think you have to accept their offer of one of two phones. I think you're entitled to look for cash to the value of the phone.

It would be cash to the value as it was when received into the shop, ie- a broken phone- very little value vs a new phone.

Op would be nuts to look for the value of a broken phone rather than accepting a perfectly good one of similar age and value to their own.

KidMeNotA1

The shop should refund the repair price paid and replace the original phone with similar, or to the satisfaction of the owner, up to the value of the broken phone. Small Claims Court costs €25 (which you can claim back in court), is very effective & quick, as a last option.

Toots

notjustsweet wrote: »

It would be cash to the value as it was when received into the shop, ie- a broken phone- very little value vs a new phone.

Op would be nuts to look for the value of a broken phone rather than accepting a perfectly good one of similar age and value to their own.

Depends on what was wrong with the phone. If it went in to get a small chip on the screen repaired and came out with a major component broken that's a pretty big difference.

I'd be looking at it this way: if they're charging you for the repair, then they owe you for a working phone, which is what you should have. Not the price of a broken phone.

Also I wouldn't be happy with the offer of the replacement phones - they're second hand and you've no idea how they've been treated previously.

A bit more info would help, ie what type of phone you have and how old it was. At the very least I'd be contacting the National Consumer Agency and seeing what they had to say.

njs030

Toots wrote: »

Depends on what was wrong with the phone. If it went in to get a small chip on the screen repaired and came out with a major component broken that's a pretty big difference.

I'd be looking at it this way: if they're charging you for the repair, then they owe you for a working phone, which is what you should have. Not the price of a broken phone.

Also I wouldn't be happy with the offer of the replacement phones - they're second hand and you've no idea how they've been treated previously.

A bit more info would help, ie what type of phone you have and how old it was. At the very least I'd be contacting the National Consumer Agency and seeing what they had to say.

That's what I was saying though worded in a better way.
The value of a phone with a broken screen would be higher than a phone with say water damage but it's still damaged and still not a new phone.

More information would help I agree.

OldMrBrennan83

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trixie11

phone went in with broken screen and came back to me no longer able to read a sim card. phone was a lumia 925. they asked me to pick a phone of equal value and i did, spent alot of time researching phones cos i hadnt looked at them in so long. two weeks later they say no to replacement i picked and i can only choose between an apple 5s and xperia z5 compact as theyre the ones they have in their store. they're refurbs/used. this is going on since last september too. its been a nightmare

ohnonotgmail

an iPhone 5S is a pretty good swap for a lumia 925

godtabh

ohnonotgmail wrote: »

an iPhone 5S is a pretty good swap for a lumia 925

That's a personal opinion. The OP may have a soft spot for Windows Phones and be bought into the eco system.

trixie11

i loved the 925, had a great camera. definately not interested in the iphone.
back to my original question...should i be entitled to the original cost back? it was over €100

njs030

trixie11 wrote: »

i loved the 925, had a great camera. definately not interested in the iphone.
back to my original question...should i be entitled to the original cost back? it was over €100

No, if the screen was fixed you aren't entitled to the money back. They had to buy in parts for it and pay for labor.

ohnonotgmail

I think it boils down to this. You handed them a phone with a cracked screen. As they broke your phone they owe you the value of that phone. so i see it as them owing you one of the following

The value of a 3-4 year old lumia 925 with a cracked screen plus the repair fee you paid them

or

the value of a 3-4 year old lumia 925 without a cracked screen

they certainly dont owe you the value of a 925 without a cracked screen plus the repair fee.

ancuncha

So you want to walk into the shop with your €100 and a broken phone and come out with your €100 and a working phone?
That hardly seems fair, more like go in with €100 and broken phone come out with working phone

If they cannot replace the phone with a suitable alternative, then you should get the value of the phone (in working condition), so you can replace it else where.

Suckit

You could take the iPhone 5s and sell it on Adverts (or anywhere else) and buy a Lumia 925.
Currently on Adverts a Lumia 925 for sale for €50 and cheapest iPhone 5s is €135.

boardzz

To be entitled to the money you paid they would need to have given you the replacement phone with a broken screen.
The replacement phone you have has a working screen so they deserve the money.

TheDoc

I'm on the look out for a Iphone5s, if it's in good condition and working order I can sort your problem out pretty easily

In fairness I think you also need to take some notion about where you got the phone fixed, and why you weren't there in the first place. I'd imagine it's because a) you're warranty is out of date or b) you caused the initial damage.
I'd hazard a guess the shop arn't recognised/licensed technicians for the manufacturer.

This happens a lot with cars. For example BMW's where only a qualified BMW mechanic should ever work on it, but plenty of people will go to their local or an independent. Yet if a problem kicks up from the repair, you are getting told pretty quickly where to go if you are after your repair money back and looking for a replacement BMW

Your original problem was fixed and a new one cropped up. That they owned up to it, and offered you a replacement working phone(a really nice one) actually says a lot about the shop to be honest, they sound pretty good. A lot of places would be telling you to get the boat with what you want.

As above, why not sell off on adverts, iphone 5's go for €135-150 and get snapped up, then go get your original phone, and you will probably come out with a few quid still in hand.

spyderski

So, you went into this shop with a broken phone, and now want them to replace it with a working one AND give you your money back? Are you serious?

And you've been arguing with them since September over this €50 phone?

I don't know why the shop doesn't just buy you a phone on Adverts and tell you to be on your way. As it is they're being beyond reasonable.

Retailers have to put up with some s**te in fairness.

OldMrBrennan83

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spyderski

Patww79 wrote: »

Is everyone missing the point that they didn't return the phone working?

Are you missing the point that they are offering the OP a replacement phone that's better than the original? If the phone can't be fixed, what do you want them to do? Invent a time machine and go back to before it got damaged?

You could always go to court over this €50 phone as suggested by another poster. But that would be stupid.

davo10

Patww79 wrote: »

Is everyone missing the point that they didn't return the phone working?

Did you miss the point that it was handed in broken?

spyderski

BTW OP, did the shop have you sign a form when you handed in the device? Because that will normally include a disclaimer over consequential damage occurring in the course of the repair.

OldMrBrennan83

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ohnonotgmail

Patww79 wrote: »

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nobody has forgotten that they broke the phone. The OP is entitled to be put back in the same position as they were before the repair. this is what people, including me,have proposed.