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Returned Broken Mobile Phone & The Company May Not Be Taking Responsibility - What Next???

(8 Posts)
rockinhippy Thu 14-Jul-11 12:41:38

I bought a new phone last week from the Vodaphone shop - I had problems with it from the offset, though as its a new phone I wasn't sure at first if it was just me & needing to learn how to use it - First day after fully charging - it didn't hold its charge & died on me on my way to London to meet friends - not good as I didn't know where i was meeting them - thankfully the people in the Victoria Vodaphone shop we very helpful & charged it for me, where I also bough credit - hopeful this can prove I had problems from day 1. -

other problems included it again not holding charge for even half the advertised battery life whilst away over the weekend, despite only using it briefly for text & internet, it also locked itself onto the internet & wouldn't let me log it off - not good as a PAYT phonehmm

by Monday it had locked itself onto some sort of reboot page, with instructions on buttons to press, but it didn't work - even after taking it apart, resting over a few days, re charging it etc etc.

Took it back to the Shop yesterday, only to be told it was showing signs of water damage - a red light & other things & therefore would need to be sent back so hat the engineers could determine WHEN it was water damagedhmm s it could have happened in the shop angry

Now I know for SURE that the phone did not get wet whilst I had it - also whilst I was arguing my point with the guy - 2 other customers were having pretty much the same conversation & being told that water damage negates the warranty & therefore their problems weren't Vodaphones responsibility angry -

It gave me the impression that this is the bog standard get out they use, something I commented on to the Guy I dealt with, who looked embarrassed but of course made excuses for why that wasn't truehmm

Despite knowing I didn't damage this phone myself & it didn't get wet in my care, from what I saw & was said to me in the shop, I'm pretty sure I will get a call telling me that its water damage & therefore not there responsibility any morehmm

What can I do next if this is the case???

Thanks smile

rockinhippy Thu 14-Jul-11 12:43:08

as it COULDN"T have happened in the shop blush

prh47bridge Thu 14-Jul-11 12:54:24

If they deny responsibility you should tell them that you are rejecting the handset and want your money back. You should remind them that, as the handset is less than 6 months old, it is assumed that any fault was present when you bought it. If they want to argue otherwise it is up to them to prove that the damage occurred after you bought it.

If they continue to refuse to pay you should take them to court. It will be dealt with as a small claim which means you don't need a solicitor and you won't be liable for their costs if you lose.

prh47bridge Thu 14-Jul-11 12:55:51

And by the way, whilst their engineers can certainly figure out whether or not the handset was water damaged, I would be surprised if they can figure out when that damage took place.

handsomelegalbeagle Thu 14-Jul-11 23:52:21

PHR47 bridge- if you continue to give legal advice, fab, but I disagree with your advice.

Their is probably a contract in place. What provisions are in the contract for replacement of faulty handset?

'It will be dealt with as a small claim which means you don't need a solicitor and you won't be liable for their costs if you lose' - sorry disagree.

...read S51 Senior Courts Act on costs awards. What is likely to happen - if this person issues proceedings without legal help they will probably have a Part 3 application hearing to defend against with a cost order attached. Agreed, it may be costs in the case but I doubt it. If that is lost there will be cost consequences, namely travelling expenses plus the £80 fee. And we havent even got to the final hearing.

I have a Part 3 application hearing next week, and yes it is a small claim - it's just as well the client came to us as it could have been tricky and expensive for them.

The problem with this site is it becomes a moot for Lawyers, just like a court room. The small claims track can be expensive if people do not know what they are doing. We have another case against a German Car manufacturer for £4700. Costs for the other side are approaching £20k. We have two part 23 application hearings scheduled and we havent even been allocated track. Of course I am going to say people need to use a claims firm. But please everyone, be aware of cost consequences if you go it alone.

handsomelegalbeagle Thu 14-Jul-11 23:53:22

their, there...need grammar check on here!

rockinhippy Sat 16-Jul-11 17:45:39

I'm pleased to say no small claims court necessary grin they have replaced the phone with out quibbling, they do say its water damage, but say that as its difficult to prove either way as a good will gesture they are happy to replace it - I have had a good poke around the net & the phone IS getting good reviews, so do believe I was just unlucky & its something to do with that particular shop & how they are stored - anyway, problem solved without a fight smile

prh47bridge Sun 17-Jul-11 08:59:06

Glad it worked out for you, rockinhippy.

Ignoring the rather condescending tone from handsomelegalbeagle, one of the basic principles of the small claims track is that you if you make a claim and lose you generally won't have to pay the other side's costs. For a genuine claim relating to a faulty mobile phone there is no way you would end up paying any costs if you lose other than the court fee. On the other hand, in general you will not be able to recover your own legal costs if you win, although you can recover the court fee plus up to £50 per day for loss of earnings in attending the hearing plus any travelling expenses. The whole point of the small claims track is that you don't need legal representation and you don't face the risk of having to pay huge costs if you lose.

I would also add that a contract cannot take away your Sale of Goods Act rights.

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