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What are my rights? Bought faulty phone and company refusing to refund

(34 Posts)
Bouncearound Mon 01-Feb-16 11:04:52

I bought dd a phone for Christmas. We realised on Boxing Day that during calls we could only hear the other caller if phone was on loudspeaker. I contacted the company who offered to repair it so I sent it back and after two weeks it came back. All worked ok for a week or two then the same fault developed again.
I've contacted the company saying I would now like a refund under the consumer rights act 2015 goods as items bought should be of satisfactory quality, fit for purpose and as described. my Google research says that even if an item is repaired then develops a fault I should be entitled to a refund.

I'm wobbling a bit now as I'm doubting my rights and whether or not I should just send it for repair again (I don't want this phone at all now)
Any advice much appreciated smile

aginghippy Mon 01-Feb-16 11:51:40

Don't wobble, you are completely correct.

How did they respond when you asked for a refund?

aginghippy Mon 01-Feb-16 11:54:15

Moneysavingexpert says your next step is a written letter of complaint sent to the company's head office How to complain

Bouncearound Mon 01-Feb-16 12:08:00

They've emailed once saying they only refund within fourteen days and again with instructions telling me how to return the phone for a repair. I've replied to that email saying I don't want a repair and await a refund, fingers crossed!

Bouncearound Mon 01-Feb-16 13:16:21

They've replied again insisting that I can only have a refund within 14 days as per their terms and conditions but I can have a repair. Can anyone please tell me if it is worthwhile pursuing this? I don't want to keep it or send it back for a repair angry

AnotherEmma Mon 01-Feb-16 13:22:59

There's good advice on the CAB website:

www.citizensadvice.org.uk/consumer/somethings-gone-wrong-with-a-purchase/return-faulty-goods/

Bouncearound Mon 01-Feb-16 13:28:34

Thanks. I quoted what the cab told me and they're still insisting they will only repair it...

AnotherEmma Mon 01-Feb-16 13:35:42

If you follow the steps on that link (put when you bought it etc) it will take you to a page which shows next steps if they are still refusing to give you a refund.

AnotherEmma Mon 01-Feb-16 13:38:03

Copied and pasted (some are hyperlinks but they obviously won't be linked here):

"If you paid by debit or credit card

You may be able to get your money back through your bank if the seller’s refusing and you paid by debit or credit card.

Contact your bank and say you want to use the ‘chargeback’ scheme. Many bank staff don’t know about the scheme, so you may need to talk to a manager.

If you paid by credit card and the item cost more than £100, it may be easier to tell your bank you want to ‘make a section 75 claim’. It’s another way to get your money back.

If you’re still not getting anywhere

Take the following steps:

Use our complaint letter for faulty goods - it contains legal terminology and may help the seller understand that you know your rights.
Check if the seller’s a member of a trade association. Look on their website or ask them if you can’t see anything. Contact the trade association, explain the situation and see if they can advise you.
Ask the seller if they’re a member of an alternative dispute resolution (ADR) scheme - it’s a way of solving disagreements without going to court. A third party will mediate to try and reach a solution.
If they don’t respond, they’re not a member of an ADR scheme or won’t use ADR, keep a record of the fact that you asked them (and the date). You’ll need this if you end up in court.
Choose a Trading Standards-approved ADR scheme yourself to try and solve the problem more informally. It’ll help you later if you end up going to court.
Take your case to a small claims court (or use the small claims procedure if you’re in Scotland). This is a last resort and can be expensive and time-consuming. You should only do this if the item was particularly expensive and you don’t mind the stress and time of going to court."

aginghippy Mon 01-Feb-16 13:51:18

Just to add, their refund within 14 days policy is an internal policy of that company and does not affect their obligations or your rights under the Consumer Rights Act.

AnotherEmma Mon 01-Feb-16 13:55:48

Exactly. And if the goods are faulty you're entitled to a refund after the 14 days (but it's easier within 6 months).

Bouncearound Mon 01-Feb-16 14:16:13

Thank you. They're still refusing to refund and keep sending random emails describing their warranty details and refund policy without actually responding to my request for a refund. I'm riled up now though!

AnotherEmma Mon 01-Feb-16 14:28:31

Do you know how high up it's gone - are the emails from a customer service representatives or manager, or complaints manager? If it's not gone very high up yet, you could try that as a last resort. But if managers are refusing I think you should stop engaging directly. Instead, you could name and shame on social media (post on the Facebook page or tweet them), you could also contact Which? As well as obviously following the steps CAB advise (contact your bank to get a refund through them, see if the company is a member of a trade association, etc.)

What's the company, btw? Did you buy the phone online or in a shop?

AnotherEmma Mon 01-Feb-16 14:37:48

Useful advice from Which:
www.which.co.uk/consumer-rights/problem/what-do-i-do-if-i-have-a-faulty-product

Bouncearound Mon 01-Feb-16 14:41:13

It's an online shop that specialises in phone and tablet repairs but also sells refurbished phones. Each email has been from the same customer service representative so I will try asking her to pass it on to someone else.
Thanks for the advice

ChuckitintheBucket Mon 01-Feb-16 14:46:24

Just to add to already good advice, their T&C's don't trump the law, so take no notice of that. Stick to your guns.

Sallyhasleftthebuilding Mon 01-Feb-16 14:53:43

On a side note - this happened to me and it was just an app missing - which I down loaded and was fine - maybe try that so she has a phone to use

AnotherEmma Mon 01-Feb-16 15:11:15

"Each email has been from the same customer service representative so I will try asking her to pass it on to someone else."

In that case I think the best thing to do next is to make an official complaint. Usually there is a specific email and/or postal address for complaints. If you can't find it on the website, email the CSR to ask how to make a complaint. Alternatively you could just call the company and ask to speak to the complaints department, or failing that, a customer service manager. I definitely think an official complaint is the way to go before the other options.

Bouncearound Mon 01-Feb-16 15:18:12

Thanks all. I've emailed again quoting the consumer rights act and awaiting a response. They fixed it once and it worked for about a week then went wrong again so I'm fairly sure it's a hardware problem. Fingers crossed!

Bouncearound Mon 01-Feb-16 15:53:58

They're not playing ball... Latest reply:

Unfortunately we are unable to issue a refund for your order as it is past the refund dates. We shall process the order to be repaired and dispatched back to you.

We are sorry that we are unable to fulfill your request. Please do return the item so we may process your order for you

Aargh, it's like banging my head against a brick wall!! I've requested it be escalated to a complaint too

AnotherEmma Mon 01-Feb-16 16:00:48

I'm not surprised. You need to go over this person's head. They're not going to forward a complaint about themselves. Find out how to make an official complaint, as I suggested.

I'm hoping it's just that this person doesn't realise what the law is, and hopefully someone in the complaints team will realise.

Sallyhasleftthebuilding Mon 01-Feb-16 17:32:25

Quote office of fair trading!

Bouncearound Mon 01-Feb-16 18:19:36

Grrrr
It's now been looked at by someone else and they still claim I cannot have a refund! All they will do is repair it, despite me quoting the consumer rights act and pointing out how it applies to me...
Looks like I will have to write to them, they are not budging at all angry

peggyundercrackers Mon 01-Feb-16 20:51:23

Sounds like this business is run by one person and they aren't for giving you your money back. Was the phone a second hand refurbished phone?

Bouncearound Tue 02-Feb-16 07:19:44

I don't know about the make up of the company but they have a good website and lots of followers on Facebook, which is where I managed to get them to refer me to a customer service manager. I've got a letter template to send to them today, here's hoping...

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