mobile phone and rights question
 

Hi just wondering if anyone can help with advice before I go back to the shop.
I bought my mum a mobile ( less than a week ago ) and she said there is a shadow on the screen which was there when she opened the box.
She thought it was just from the protective plastic casting a shadow but when she has been texting ( white screen) she said it is more obvious an looks like a finger print shape - it is geting worse-
I got it from phones4 u in Accy. I seem to remember some threads about this shop but cant remember what they were about.
Should she be given an immediate refund/exchange. If they offer to repair - (for which i know they will charge) or can she refuse and insist upoon exchange /refund? when the lady in the shop was selling it to me she put the sim in to set it up ( didnt know they usually did that) and she had some amount of trouble getting the back off and wasnt very light handed - so the damage could have been done then .
Any help/ advice/ helpful sights would be appreciated
thanks
lisa

Re: mobile phone and rights question
 

Due to the phones age then yes she should be given a straight replacement. When I had a fault with a phone (from O2) they had to replace as it was only a couple of weeks old. I would take it down, you hsouldnt have a problem getting a replacement

Re: mobile phone and rights question
 

I know all new phones have to be registered in the shop where i work due to people buying them and sending them abroad if the phone gets registered abroad then basically we dont get our money!

Re: mobile phone and rights question
 

She is entitled to a full refund or an exchange, the choice is hers.

Re: mobile phone and rights question
 

Ditto......... get back down there.

Re: mobile phone and rights question
 

aw thanks - i couldnt find anything specific on the net xx

Re: mobile phone and rights question
 

Take it back and explain your rights as a consumer if you have problem they will soon satisfy you dont worry.

Re: mobile phone and rights question
 

OK you are within the 28 days period of return so just get your money back and start again.

Not the same store but my wife bought a phone from the C.P.W. and as she had another phone, it was a while before she started to use it in anger. Once she started to use it, the battery life was short (<36 hrs) she had to open it to check if there were messages/missed calls and operating in darkness was impossible as the buttons didn't light up. Sunlight, the screen could not be seen. The phone worked but as with many modern items, it was designed by a prat!

She has had it more than the magic 28 days so they say it cannot be exchanged -

GET YOUR REFUND NOW!!

As for hers - I am taking them to court for selling something that is not fit for purpose , she travels late at night and cannot summon assistance in an emergency (that is why she has a mobile phone!) - I will let you know how I get on.

Re: mobile phone and rights question
 

Don't go 'Half Cocked'....Ring the local trading standards and find out what your position is.

Re: mobile phone and rights question
 

yeah my mum is taking it back tommorow - shes pretty well up on rights and thought she should just be able to get straight exchange or money back. Just wanted something I could get in print for her to take and use if she had to - anyway she said she will go in and be polite and if no luck will ring trading standards as they then ring the shop if they are not fullfilling a persons stautory rights. thanks for all your help you are all stars
morcambe ex pat- good luck

Re: mobile phone and rights question
 

How did your mum get on? Any joy?

Re: mobile phone and rights question
 

well she took it in and told them the fault was there from purchase. They asked her if she had had it in her handbag - she said yes but has been in a case.
He said well it looks like a pressure mark and offered to send it off for repair - but might be charged for it - again my mum said that it was there from purchase but they just basically try to say it is her fault.
There must be some way of having it replaced surely - why should you have to - and how do you - prove that a phone was faulty before you used it - you have to use it to find out that its faulty.
I am going to a different branch tommorow for second opinion and my mum is ringing trading standards
I rang phones4u helpline and he said more or less the same and asked if i saw the phone before i bought it - I said yes but you can only see the mark when texting and I am sure it isnt normal to sit in the shop texting on a phone you havent yet bought !!
I'll keep you updated

Re: mobile phone and rights question
 

How did she pay for it? - Please say credit card.

Re: mobile phone and rights question
 

I paid for it Neil - on my card - not credit card its a debit card but I didnt pay cash.

Re: mobile phone and rights question
 

You'd have been able to get your money back easily from the credit card company if you'd used a credit card..........that's one good thing about them. :D

Re: mobile phone and rights question
 

Posted via Mobile Device

The credit card protection only kicks in over 100 quid.- if its less it of no benefit

The sale of goods act is what is pertinent here.

Id simply state it is faulty. It is up to the vendor to prove you have damaged it. Just state the facts that you took, it away untested by yourself and contacted them at the first opportunity. They will wriggle as they are a bunch of cowboys but you are fully protected.

Re: mobile phone and rights question
 

[quote=entwisi;647151]Posted via Mobile Device

The credit card protection only kicks in over 100 quid.- if its less it of no benefitquote]

Aaaah is it only for purchases over £100?

I didn't realise that.......never had to use it, thank God. :o

Re: mobile phone and rights question
 

well after a bit of a slog - and working the system to our advantage we have got the phone exchanged.
I rang customer service saying I wasnt really happy with sending a brand new phone away for repair and maybe having to pay for it, but that repair was the only choice we were being given. They suggested going to a different branch and said they couldnt really make a decision as they hadnt seen the phone - I said seeing the phone wouldnt make a difference surely because the fault was there when purchased.
So i visited the blackburn branch and told them what was happening and they said ( without seeing the phone) that i had every right to exchange or refund and to call customer services, ask them to call the branch iopurchased from and tell then them the phone had to be exchanged or refunded and when to expect me in for the exchange. Customer services did this and we took the phone back today and got it exchanged - it took nearly an hour but we got polite service. So stick to your guns if you have a problem similar, and dont go in all guns blazing just be polite and act a bit dumb if need be - it seems to get you further. Thanks to all for your help

Re: mobile phone and rights question
 

Good for you Lisa

Re: mobile phone and rights question
 

Glad you got it sorted

Re: mobile phone and rights question
 

If only more people were more assertive. Go in friendly, keep your cool and dont get fobbed off it works most times. They may not want to help you, but make it their job to see you get sorted. WELL DONE!