I wonder if someone could help me as i'm finding this situation very annoying. I bought a mobile phone from tesco's in August and in November the screen just stopped working, as it was less than a year old I sent it back as it was within the guarantee but apparantly the guarantees doesn't cover screens so i would have to pay £50 to get it fixed which is not really worth it as the phone only cost £60. They are saying i must have dropped the phone, i definately didn't drop the phone right before it broke as it was sat on a table in my vision but they say it could have been dropped at anytime before and then could have suddenly stopped working at a later date, I can't recall dropping the phone. What makes it more annoying is I have now had to buy my 3rd phone this year as I am 4 months pregnant and drive on the motorway every day so didn't want to be without a phone. the first one broke and was over a year old so wasn't too worried, 2nd one i dropped in water so as this was my fault i didn't try and send it back, now that the phone has broke and it isn't my fault i feel very annoying that the assumption is just that i dropped it and not that its a fault of the phone.
Anyway I get no where on the phone so i emailed a complaint as follows:
purchased a Samsung J700 from Tesco South Wigston on 5 August 2009.
On 9 November 2009 the display screen stopped working and I was unable to
use the phone. There had been no occasion on that evening or previously
when the phone could have been damaged and there was no signs of damage on
the phone.
As the phone was only three months old I phoned the mobile phone helpline
as advised on my receipt and was sent an envelope to return the phone.
On 25 November 2009 I received a letter dated 19 November 2009 advising
that the phone was not covered by the manufacturers warranty. Upon phoning
the repair centre I was informed that because there was a fault with the
LCD screen the phone was not covered under the manufacturers warranty as
no warranties cover LCD screens.
The Sale of Goods Act 1979 (as amended) states that when a consumer buys
goods from a trader they must be of a satisfactory quality and and fit
for any purpose made known at the time of sale to the seller.
This legislation also states that the seller, not the manufacturer, is
legally obliged to sort out a problem if the goods do not meet these
requirements.
The Sale of Goods Act 1979 (as amended) says: if goods break within the
first six months after purchase then there is a presumption the goods were
faulty when sold.
My goods are not of satisfactory quality or fit for purpose and I wish to
claim a either repair, replacement or refund of my goods under the Sale of
Goods Act 1979 as amended.
Tesco complaints department then emailed me back after a weeek and said told me to phone the helpline. I emailed back saying I had and they said that it was the helpline that dealt with such matters and they couldn't do anything else.
What is my next stop? Is there anything I can do, due to the low amount obviously there is no point in going to court which is what they rely on.