Second hand goods + consumer rights act + intermittent fault.

[SciFiFan2015]

On 1st November I bought a second hand iPhone 6 Plus. It has since developed an intermittent fault with the touchscreen.

The consumer rights act states:
(1) 0-30 days since purchase

If you purchased a product which is unfit for purpose, faulty, or not as described, you have the right to return the product and receive a full refund within 30 days of the date of purchase.
This new act encompasses the old sale of goods act and therefore covers second hand goods.

The shop won't do anything without seeing the fault. It's intermittent. How do I get a replacement? I don't want a refund, I want a working phone and I think the shop procedures are contravening the act.

Any help greatly appreciated.

Many thanks

[prh47bridge]

You cannot force the shop to give you a replacement. You can ask for a replacement but the shop can usually choose to repair your current phone instead if it would be cheaper or easier for them. Under some circumstances they can refuse to repair or replace and insist on giving you a refund. If they do agree to repair or replace you lose the right to reject the phone until they have had a reasonable time to do so.

You can force the shop to give you a refund. Be insistent. Tell them you are rejecting the phone and want your money back. If they refuse you should write to them rejecting the phone, setting a reasonable time limit for return of your money and stating that you will take legal action if they refuse. You must not use the phone at all once you have sent this letter as that would mean you have not genuinely rejected it. If they fail to respond or refuse a refund you can then take action against them in the small claims court. If the shop insists that the phone is not faulty you may need an engineer's report to prove that it is.