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Chat & Social => The Bar - General Chat => Topic started by: blackbob on October 02, 2006, 20:23:25

Title: wot r my rights
Post by: blackbob on October 02, 2006, 20:23:25
bought a phone from phones for u for my son last wednesday he just rang to say its gone t*ts up low battery life and has a built in ipod and when he switches off ipod he has to remove battery to reboot phone to access any other service on it
question is can i insist on a replacement
Title: wot r my rights
Post by: smo on October 02, 2006, 20:25:40
yes or refund under the sale of goods act 1979
Title: wot r my rights
Post by: blackbob on October 02, 2006, 20:27:20
Quote from: "smo"
yes or refund under the sale of goods act 1979



tks any idea which web site i can print a copy from
Title: wot r my rights
Post by: Evilgoat on October 02, 2006, 20:27:22
Yes

Take it back, they are actually pretty good compared for CarphoneWhorehouse
Title: wot r my rights
Post by: Priglet on October 02, 2006, 20:32:50
Quote from: "blackbob"
Quote from: "smo"
yes or refund under the sale of goods act 1979



tks any idea which web site i can print a copy from


try consumer direct

http://www.consumerdirect.gov.uk/your-rights/fs_c04.shtml
Title: wot r my rights
Post by: thermidorthelobster on October 02, 2006, 22:05:04
"Fit for Purpose" is the key phrase.  Sounds like it's not.  In which case they have to sort it out.
Title: wot r my rights
Post by: hrox on October 03, 2006, 02:57:59
hum not had a good experiance with phones 4 u.  got 2 phones on the same day 1st one was credit checked and everything and they gave me the 2nd with out any checks what so ever as they were bought at the sametime.  now the mrs phone (1st one) when live and could be used with in 2 hours. 8 Days later and the 2nd one had still not been made active dispite 11 phones calls to 3 who said speak to phones for u (21 calls + 3 site visits) finially i have enough went in and said i ant leaving till its fixed.  afre 2 hours on the phone to 3 i got the answer of we need a £150 depostit for the handset otherwise we cannot give it to you.  so i gave the phone back and walked off very pi$$ed  went online and ordered the same phone on the same contract on the same network direct with 3 this timae. and suprise suprise, it arrived next day already working!!  i wont be going back to phones for u and as soon as i can get the 1st phone away from them the happier i will be.

Good luck wiht the phone replacement / refund.
Title: wot r my rights
Post by: Moneypit on October 03, 2006, 12:18:51
You normally have a 14 day window to cancel the contract.

Do it then sort out the mess/phone.

I had a run in with Phones 4 U where I was missold the phones. Because it had gone passed the window it took me 8 months to get it sorted!!

Once you have cancelled they will be more attentive.
Title: wot r my rights
Post by: ian_s on October 03, 2006, 13:18:57
from trading standards (http://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=ADV0043-1011.txt)
Quote
The Sale of Goods Act 1979 (as amended) says that goods should be as follows:

    * Of satisfactory quality.

This means the goods must meet the standards that any reasonable person would expect, taking into account the description, the price and all other relevant information. In some circumstances, the retailer may be liable for any statement made by the manufacturer about the goods.

Satisfactory quality includes the appearance and finish of the goods, their safety and durability and whether they are free from defects (including minor faults)

    * Fit for the purpose

that goods of this type are generally sold. They must also be fit for any specific or particular purpose made known to the seller at the time of the agreement.

Quote
Proving the fault
    * If you are claiming the remedies of repair or replacement within the first six months after purchase, it is for THE TRADER to prove that the goods conformed to the contract at the time of sale.


I had to quote that page to PC World about a laptop a while back
try printint it off and taking it into the shop with you. then you can refer back to it if they try and argue


hth
Ian
Title: wot r my rights
Post by: NeilWilson on October 03, 2006, 13:31:20
Read the relevant parts, I believe a couple of key phrases to use are that you are "rejecting the goods" & that you are "informing them at the earliest possible moment".  Saying you are returning the goods implies you accepted them in the first place.  I think this is mentioned in the SOGA & on CAB.  

It took me 30mins to persuade a highs street electronics retailer that his comany policy of no refund after 14days was not legal - including an offer to print out the relevant pages of the act - eventually he managed to get hold of his elusive area manager & 2 mins later I had a full refund & apology.  This was for a portable DVD player that the kids were going to use on holiday.  The earliest opportunity for me was back at work after the holiday & 1month after buying the goods.

You as a consumer have stacks more in your favour than the retailer.

Neil
Title: wot r my rights
Post by: smo on October 03, 2006, 17:27:35
But what happens outside of 6 months but wihtin a year....how do you get somthing done then?
Title: wot r my rights
Post by: thermidorthelobster on October 03, 2006, 18:34:52
I think it comes down to proving it was faulty at time of sale.  For example, if the oil pump on your TD5 breaks because Land Rover made them badly in the first place.
Title: wot r my rights
Post by: blackbob on October 05, 2006, 07:59:24
went to the phone for you shop and they couldn't be more helpful changed it for another one with out any prob so my son is well pleased :D  :D
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