Can Tesco mobile do this?

[ItMustBeBedtimeSurely]

Hi,

I hope someone more knowledgable than me can help?

Just over a month ago I got a smartphone on a 2 year contract with Tesco mobile, and a few days ago the screen on the phone broke down completely, no discernible cause.

I sent it off for repair, all fine I thought.

Tesco mobile have just called be to say the screen is damaged, it is unrepairable and also not covered by the warranty, so I will have to pay for a new phone. Is this right? I have used the phone normally for the last few weeks, I haven't dropped it, bent it, or anything unusual.

I'm very pissed off.

They are fobbing you off. Start kicking up a fuss.

Yes, I am, but I'm not clear exactly where I stand. Obviously they think I caused the damage, but how on earth can I prove I didn't?

I believe in the first 6 months the onus is on Tesco to prove that the phone wasn't inherently faulty at time of sale, after that 6 months it's then up to you to prove that it was.
I'd start by asking to see a report on the damage.

Thank you sisters of Percy. I guess that's under sale of goods act? They just keep saying that the screen has been damaged while I have had it, but I will ask for a report.

Bloody knew it was a mistake going with the evil Tesco.

It is under SOGA yes, if they cannot supply you with a report you can request the phone back to gain an independent one but really as I say it's up to them to prove it wasn't faulty when it was sold.

Well, they're not budging, and are adamant the damage is not their responsibility.

Anyone else had similar happen?

Have you got the phone back now? Have they given you a copy of their report?

Actually, they refused to repair/replace DD's Blackberry when the charger port broke and said it was water damaged. She was adamant that she hadn't got it wet, but I thought she must have. Now I am less sure.

They still have the phone, I'm still arguing with them (they are also crap at getting back to me).

They say the LCD is cracked, which is why the screen broke, which may well be true, but how can that happen with no impact or bending? So frustrating.

Sounds like they might have form tillymint. A quick browse of t'internet suggests this has happened to quite a few people.

I guess it's easy to blame the customer.

Personally I'd insist on a copy of the report and I'd insist on the return of the handset to get your own report.
What phone is it?

bigTillyMint - Mobile phones have indicators that allow them to tell if a handset has been water damaged.

ItMustBeBedtimeSurely - As this handset was supplied as part of a mobile phone contract your rights are under the Supply of Goods and Services Act 1982, not the Sale of Goods Act. That still means the handset must be of satisfactory quality and fit for purpose, but your rights for redress are slightly different. You should be entitled to a free repair or replacement. If Tesco won't budge you can refer the matter to the Communications Ombudsman Services (01925 430049).

prh47 the indicators are flawed, they can be triggered from something as simple as keeping a phone in your bra or in your pocket whilst you work out.

Decent companies will use the indicators only as a guide and look for other signs of water ingress.

It's a moto g. The phone isn't that expensive, and they've offered me a discount on a new one, so this won't leave me hugely out of pocket if I do go along with it, but part of me is thinking, that's not the point! I haven't done anything out of the ordinary with the phone, so why is it broken beyond repair?

Thank you for the info on the communications ombudsman prh, I will give them a call and see what they think.

The reason I asked was to get an independent report will cost you, I don't know how much but I suspect £25-£40 is probably around the right mark. If we were talking a brand new S5 or an iPhone then it's worth having the report done and taking on the fight, for a moto g, probably not so much.

I think is certainly worth bringing in the ombudsman and that was a cracking suggestion. It wont hurt to try them as a last resort but I think ultimately now it comes down to cash vs principles.

Fingers crossed the ombudsman can help.

The ombudsman confirmed I would need an independent damage report. Argh.

Looking into how much it will cost me to cancel my contract. Probably more than getting a new phone from them but I really don't want to be relying on this lot for the next two years. Is that cutting my nose off to spite my face??

I have a similar situation with needing an independent report (actually relating to furniture). My report will cost a lot (minimum £125) and I like you am just not sure it is worth spending yet more money. The company I am dealing with have been difficult from the start and I have no ombudsman to then go to.