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Child Item

am i being ripped off

lisa.c

my almost year old phone started to give me problems so seeing as it was still under warrenty i brought it back to the shop where it was bought for repair.
The sales guy that dealt with me was quite rude and pissed off as the phone had only a week or so left on the warrenty. any how i explained to him what was wrong and he said he would send it off to have reparied free of charge if it was a manufacturing fault and that if it was my own damage i would have to pay for it.

two weeks later they ring me back and tell me to collect the phone that it has been repaired. next day my partner goes in to collect the phone and finds that it has not been fixed even though they said it would be. then they tell him that it is due to water damage in the recharger pin hole... he questioned them on this as if water is getting in where the recharge pin is would'nt that be a manufacturing fault... they were very rude and unhelpful towards him.

i called into another phone shop today on hearing this and asked advice on the matter. they told me that if it was under warrenty the phone should of been replaced or repaired..neither was done. they also agreed with me when i said about there been a manufactural problem with water getting in through the recharging pin
i am just wondering if anyone has any advice on what i should do as i plan on going into them tomorrow to demand it fixed or replaced. what should i say.
what are my rights?

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aidan_walsh

Perhaps the problem the first person you went to was what the phone was doing near water for it to actually get in through the charger pin...

was it carphone warehouse?

krattapopov

tell the truth, you dropped it down the bog didnt ya?

anyway eh does sound a bit dodge they should have at least got it repaired either way.... sounds like they just left it on the shelf for two weeks

lisa.c

the phone never went near water that's the killing part.
the guy i spoke to today more or less told me to ask the phone shop how it got water damaged as it was'nt damaged when i dropped it in for repair.

MicraBoy

"Water damage" a generic term for "We cant't find whats wrong, but we need a handy excuse to blame you for the dodgy phone".

It is staggering the amount of people who get that excuse. BTW i think that reason is coming from the repair people not the shop people.

lisa.c

it wasnt carphone wherehouse it was a meteor shop. and the shop i went to for advice was also another meteor shop so i assume there warrenty rules are the same.
it was supposed to of been repaired at Sigma Telecom in Finglas dublin.

lisa.c

what are my rights here?

greglo23

threaten them with the small claims court . it usually does the trick .

slade_x

lisa.c wrote:

what are my rights here?

hope this helps

Get it fixed under the manufacturer's guarantee

You do not have to accept this advice. Remind the retailer that your contract is with him, not the manufacturer. A guarantee is an added protection. It gives you the choice of having the goods fixed by the manufacturer under the guarantee or taking up the dispute with the retailer. A guarantee does not replace your legal rights in any way.

In some cases, using your guarantee may be the best option for convenience. For example, if you buy a hi-fi system and one switch is faulty, it might be easier to get the manufacturer to repair the switch under the guarantee, rather than expect the retailer to give you all your money back. If you decide to have the product repaired under the manufacturer's guarantee, ask the shop to lend you a replacement while yours is being repaired. The shop does not have to agree, but it may do it out of goodwill. Also, tell the shop (in writing) that you have decided to use the manufacturer's guarantee, but you reserve your statutory rights to a refund from the shop if the problem is not settled satisfactorily by the manufacturer.

you'll find this quote on the main page under "retailers responses" here as per the Consumers Association of Ireland, consumers rights

Kêrmêttê

Sigma in Finglas is the usual place that most phones are sent to for repair.
I've had dealings with them in the past.
They appear to be pretty hit and miss with their customer service. I'd agree with what's already been said about "water damage" being a standard reply.
Try and take this further until you are satisfied with the service/repair that is provided for you and stand your ground if you're sure that the phone has not been near water.

Eldarin

Seeing as I work in a phone shop can I offer my Two Cents.

We do get a staggering amount of phones back from the repair shop saying that the phone has been water damaged and this causes us nothing but the utmost of headaches. The Problem here is that when water gets through to the main board of a phone and damages the board the phone is ****ed. It can't be repaired. Or so they say. The actual story is that the phone can be fixed but to do so requires a full replacement of the logic board which costs more than the phone itself. And seeing that water damage is not a covered under warranty the phone gets bounced back into your hands where on you start hurling abuse at me, and its not my fault.

This is partly a ploy to stop ppl shouting abuse at me.

On the point of "is it not a manufacturers fault if water gets into the charging port". the answer is NO!!!. Every phone needs a charging port without said port the phone is an expensive piece of plastic (except for those of you that own an 8910i, in which case its an expensive piece of metal). You just have to be careful as to how the phone is used near water or certain circumstances.

I'll put it this way my head is going to be wrecked by next friday because of the storm weather were having at the minute.

Eldarin

greglo23 wrote:

threaten them with the small claims court . it usually does the trick .

No it doesn't

The_Conductor

Hmmm- you've just given me food for thought, I am having an dissimilar problem at the moment with my mobile. In my case the phone became exceptionally difficult to turn on after you turned it off (you had to plug it in- in order to "excite the battery" as the manager of the vodafone shop in the airport told me last week, before advising me to get rid of the phone- its a SE T610.)
On top of that problem (which is ongoing since I bought the phone several months ago- and was reportedly fixed by reinstalling the software by Sigma, yeah right) the latest problem is people calling me cannot hear me, but I can hear them.....

Arrrgghhhh!!!

Eldarin

You my freind have a phone that is ****ed. You need to go back to Vodafone in the Airport or any other Vodafone store and get your phone sent off ..... BUT.... Sony Ericsson are notoriously difficult to repair They normally have to be sent to Sony Directly which takes about 21 days. its a curse. But exciting the battery is the biggest load of rubbish i've ever heard of. If the phone doesn't turn on it not working correctly.

The other thing is that Sony ericsson phone are a bit notorious for getting water damaged. So the ppl not being able to hear you issue could be a water damage fault. thats in my opinion

Gummy Panda

Basicially if the phone breaks down within 28 days, the shop has to replace or refund the phone. After 28 days the phone has to be sent to a repair centre for the network. Sigma for O2 and Meteor. Mobile Phone Repair Centre for Vodafone.

If there is any physically damage on phone then most likey neither centre will repair the phone as it was caused by the user. Water damage is the same. If the repair centre returns it to saying that there was water damage then the retailer/network provider will just accept it and consider the warranty void.

lisa.c

i collected the phone almost a week ago and was willing to just forget it until today i recieved a call from the shop asking me to collect my already collected phone!!!!

when i said i had it she sounded shocked so i then preceded to tell her that i got a call last week to collect it as IT WAS FIXED AND THAT THERE WAS NO CHARGE. so i arranged for someone to drive the 30 miles to the shop and when he got there they told him it was'nt fixed.

at this stage she got real ratty with me and basicly trying to fob me off with big words. every time i spoke she butted in and when in. i asked her to stop butting in as it was rude andshe hung up... the bi.ch how god damm dare she. any how i rang back got her name. my question is what do i do now my phone was guarenteed for a year, and they wont fix it, im not paying for it to be fixed as it was quarenteed and because of there **** attitude im not willing to forget about it.

any advice any one please!!

sickle

ya should gone down and collected the other phone....
water damage is a lame excuse,my phone has got soaked (and i mean totally submerged) and its still working.
tis miraculous....
but it is a sony ericsson and again,sometimes i can hear ppl and they cant hear me. seems to be a common problem.

koneko

sickle wrote:

water damage is a lame excuse,my phone has got soaked (and i mean totally submerged) and its still working.

Not really, some phones stop working when they've been submerged, depends on where the water ends up.
The manufacturer of the product or owner of the shop shouldn't have to pay because you decide to give your phone a bath. Warranty doesn't cover stuff like that.

_blank_

lisa.c wrote:

i collected the phone almost a week ago and was willing to just forget it until today i recieved a call from the shop asking me to collect my already collected phone!!!!

You should have said nothing and went to the shop, wherein they would not have been able to find your phone, and have had to replace it as a "lost" item.

You would have got a new phone for nowt.

pickarooney

mug her and rob her phone?

Sleepy

Go to the shop. Ask for the manager. Don't even speak with any of the other minions. If there's no manager there, ask when they'll be back. First off, complain to the manager about the rudeness of his/her staff, that have him/her on the back foot from the start. Then explain that your phone has never been in a position to receive water damage and that if any occured it was while it was in their possession, finally ask who's phone they intended to give you when they called you back about your phone as you had already received a phone. Be polite during all this. Don't let him/her interrupt you until your finished speaking (just a simple "let me finish", not a "DON'T YOU DARE INTERRUPT MEH!" or anything like that).

Under the Sale of Goods and Supply of Services Act 1980 (quote this verbatim) you are entitled to a satisfactory repair or a replacement if a product is not of merchantable quality. Merchantable quality for a mobile phone determines that it should last longer than 12 months (so any claims of being outside warranty period are nonsense, a guarantee is just that: a guarantee that your rights are respected. Your rights outlast 12 months and therefore you are entitled to a replacement handset as they are unable to provide a satisfactory repair.

If that doesn't get you anywhere, ask the manager for contact details for the shop owner's name and address making it clear that you will be writing to the store owner. (if the store is owned by Meteor, this will be his area manager).

It's amazing how far knowing your rights will get you.

chump

As Sleepy said... it's a pity twas your partner who picked up the fone that time, that would have been the ideal time to go to the manager...

Regarding water damage, my bro had a fone that dropped into a pint (mysteriously) and he sent it off to get fixed (just on the off-chance) - they sent back the fone broken, with a colour picture of the internals and the area circled that had obviously been killed by the water... water damage isn't covered obviously...

so while it was a valid reason there, I think they should have provided you with some "report" from the people who tried to fix it...
I bet they didn't even send it in and fobbed you off...

Go back and be an uber-bitch and speak to the manager and DEMAND satisfaction

D!ve^Bomb!

no don't DEMAND anything!! as sleepy said, be POLITE, if i was the manager and some bitch came in demanding **** then i'd tell her where shove the phone

jimmycrackcorm

My wife got the same excuse when whe brought her phone in with a problem with just a few weeks to go on the warranty. Apparently water damage stopped the phone making any ringing sounds - but the phone worked perfectly otherwise. The only problem was beign unable to hear it ring.

It was a pity I did not go in myself to collect it as I expected it to be repaired as I would have had a field day asking exactly how they could prove it was water damage that the water was so discerning to only affect the ringer?

I mean where did this water come from that only decided to attack the ringer but ignored the other parts?

In the end she just claimed against the insurance but it cost €35 or summit like that.

Perhaps the "Water Damage" excuse is given only to women.

elivsvonchiaing

jimmycrackcorm wrote:

My wife got the same excuse when whe brought her phone in with a problem with just a few weeks to go on the warranty. Apparently water damage stopped the phone making any ringing sounds - but the phone worked perfectly otherwise. The only problem was beign unable to hear it ring.

It was a pity I did not go in myself to collect it as I expected it to be repaired as I would have had a field day asking exactly how they could prove it was water damage that the water was so discerning to only affect the ringer?

I mean where did this water come from that only decided to attack the ringer but ignored the other parts?

In the end she just claimed against the insurance but it cost €35 or summit like that.

Perhaps the "Water Damage" excuse is given only to women.

Having worked in the mobile industry briefly -some years ago - amongst the galaxy of peripheral service providers that surround them - they are all a bunch of gangsters!

I had to pay IR£100 to get a connection in 1999 with Eircell. This was due back in 2000. Applied when this refund was due. I simply gave up after five or six two-ing and fro-ings from carphone warehouse/Eircell. Reckon Vodaphone inherited €2-4 million debt on "deposits" that were never repaid - this is not a task for an individual to pursue - but a duty of the government!

The_Conductor

elivsvonchiaing wrote:

Having worked in the mobile industry briefly -some years ago - amongst the galaxy of peripheral service providers that surround them - they are all a bunch of gangsters!

I had to pay IR£100 to get a connection in 1999 with Eircell. This was due back in 2000. Applied when this refund was due. I simply gave up after five or six two-ing and fro-ings from carphone warehouse/Eircell. Reckon Vodaphone inherited €2-4 million debt on "deposits" that were never repaid - this is not a task for an individual to pursue - but a duty of the government!

While I can sympathise with your loosing the IR£100 deposit, quite how you assume its a duty of the government to pursue the debt on your behalf is a little beyond me. I was in a similar situation- and lobbed in a complaint to Comreg (which had exactly nil effect). When I found the home phone number of a board member (hell, I was bored one day and the Companies Office wasn't too far away), and had a little chat with him explaining the situation and the fact that a non-complimentary write-up might occur in the one of the Sunday papers, a cheque winged its way to me without any further ado.

Unfortunately- us Irish as a nation, are quite simply not willing to put our feet down and demand our rights. As long as companies see that they can callously ignore their customers without reprecussion- they will continue to do so.

The government does have consumer rights advocacies- they are effective, but very few people use them (Declan Kilcoyne's group for instance). Ultimately there needs to be a change in the mindset here- we are still stuck in the mentality that we should be thankful that we are being supplied with goods or services. Thats bull****. We pay good money, we deserve that to be respected. If something does not work- kick up a fuss, complain, write to the media, call phone-ins, stalk board members- whatever it takes, but do not be complacent, fight for your rights.

S.

lisa.c

i did infact ring the manager and as nice as he was about it they still wont replace or repair the phone due to company policy-as i already had a report got on the phone they wont take another look at it.
he did sugest that i take the phone to an independent phone technichan and if he says that there is a different problem than what they said that then they will replace the phon.

i also complained about the staffs manner and he said he would pull them on it. either way im still very unhappy and believe im being fobbed off maybe it is because im a women but either way i feel my rights have been neglected.
i did mention to him that my contract was with the shop and not with the manufactuar. but he just proceeded to tell me that all they offer is a 28 day quarentee after that its down to the manufacturer...is this right or is he bull ****ting me?

thanks to all of u so far for the advice. i wont be resting on this til i get a new phone and satisfactory results.

Blub2k4

my granny has a problem at the moment where her phone wont start up a lot of the time, it just boots to the blue loading screen and then hangs there. She brought it in for a repair and as luck would have it it started first time for the guy at the counter, she was told that it was "taking a rest" and was ok again. I nearly hit the roof when I heard what she was told, and where I appreciate that he probably sees old folks regularly who have no idea how a phone works, he was a condescending ass.

skywalker

lisa.c wrote:

i did infact ring the manager and as nice as he was about it they still wont replace or repair the phone due to company policy-as i already had a report got on the phone they wont take another look at it.
he did sugest that i take the phone to an independent phone technichan and if he says that there is a different problem than what they said that then they will replace the phon.

i also complained about the staffs manner and he said he would pull them on it. either way im still very unhappy and believe im being fobbed off maybe it is because im a women but either way i feel my rights have been neglected.
i did mention to him that my contract was with the shop and not with the manufactuar. but he just proceeded to tell me that all they offer is a 28 day quarentee after that its down to the manufacturer...is this right or is he bull ****ting me?

thanks to all of u so far for the advice. i wont be resting on this til i get a new phone and satisfactory results.

you really should have gone in, in person, rather than ringing up as its much harder to fob someone off in person. If the manager wont give you any satisfaction you need to do what sleepy suggested and write to the area manager. You need to have your story straight though and not accept lines like "they still wont replace or repair the phone due to company policy" what does that mean btw? that its company policy not to look at a phone a second time once its already been in. By accepting that you've allowed them put the onus on you to prove the nature of the complaint with the phone (water damage or something, cant remember)

It might still be worth going in to see the store manager in person, but imo thats what you shouldve done in the first place. now you'll probably need to go above his head. If you handled it exactly as sleepy suggested id imagine it would be resolved by now.

Sleepy

He's bullsh:tting you. Go back to him and tell him you've contacted the Consumer Rights Association and that they've told you that 28 day guarantee or not, the shop are in violation of the Sale of Goods and Supply of Services Act 1980 if they cannot provide a satisfactory repair or replacement. Under Irish law, any guarantee is an addition to your rights, not a means of curtailing them (despite how many firms try this on).

Make it very clear that there is no way the phone could have received water damage and explain that you wouldn't be pushing this if there had been (as dunking a phone in a pint does not come under the category of reasonable wear and tear from normal usage). Be very firm about this. If there's water damage done to the phone it's either due to them dropping it in water or a design fault in the phone which allowed moisture in the air to damage the circuitry (and therefore covered under the Act's 'merchantable quality' clause).

lisa.c, try being more forceful, I get the feeling you're allowing the fact that this berk is a "manager" intimidate you. Don't. If he was as high and mighty as he thinks he is, he'd have a far better job. If, despite all the facts of the case you're still unable to get satisfaction from him, ask for his superior's name and address. If he claims to be the head man, ask who his contact in Meteor is as you "believe that Meteor head office may take an interest in hearing how poorly their agents are treating their customers".

There are two key things to remember when dealing with any shop in these type of circumstances: be firm and be polite. Being firm means not letting them walk all over you or feed you bull**** about their guarantees. Being polite ensures that they have to worry about the possibility of a complaint to their superiors because they can't easily dismiss you as a crackot because you didn't start cursing and yelling like a buffoon.

The full legal text of the act: http://www.irishstatutebook.ie/ZZA16Y1980.html

The Consumer Association of Ireland's "Plain English" version: http://www.consumerassociation.ie/rights_knowrights.html