Reply to: Dodgy phone, sale of goods act

[ASB]

Nice try - since the Ofcom website, referring to poor customer service says

Quite. I just thought it was remarkably funny that they should be trying to say "you can't sue us until Ofcom say you can". Still, it kept me amused for a few minutes.

[TheFaQQer]

They were also trying to tell me I had to get an Ofcom reference and approval befors I could issue the country court summons.

Nice try - since the Ofcom website, referring to poor customer service says

Ofcom does not investigate individual consumer complaints and we will not respond to you about your individual complaint.

[SueEllen]

After wrting I got a callback restating their position. I told them that was carp. They were also trying to tell me I had to get an Ofcom reference and approval befors I could issue the country court summons.

To get an Ofcom reference number - phone up Ofcom's helpline and put in a complaint about company.

All they do is record your complaint to add to the statistics about complaints about a particular company.

Then phone company back with reference number and enjoy hearing them panic while sorting out your issue..............

Anyway about 5 minutes later the executive office called me back, "well on this occasion". Replacement handset arrives tomorrow.

Nice to know they sorted it out without you having to quote your Ofcom reference number to them.

We generally get carp service because we allow it...

Agreed.

[LisaContractorUmbrella]

Well done that man

[ASB]

And the result

After wrting I got a callback restating their position. I told them that was carp. They were also trying to tell me I had to get an Ofcom reference and approval befors I could issue the country court summons.

Anyway about 5 minutes later the executive office called me back, "well on this occasion". Replacement handset arrives tomorrow.

We generally get carp service because we allow it...

[Beefy198]

That is at least a little questionable. There is an EU directive which was required to be implemented in all member states. This gives all electrical items a minimum 2 year warranty and places the burden of proof on the vendor. Whether or not we have actually implemented this, don't know.

A fair amount of confusion was caused by the EU directive. Our SOGA actually gives stronger consumer protection than that, and is actually what is in force in this country (despite what the media have been claiming). You are covered for six years and we would actually leave consumers in a weaker position if we adopted it as the EU wishes.

Get the independent report and make them fix it. Like I said, it's a standard cop out for the phone companies at the moment.

The SOGA also stipulates that you shouldn't be significantly inconvenienced whilst they are attempting the repair, so insist on a loan phone whilst they have yours.

[LisaContractorUmbrella]

A repair is fine, it's just the hassle they want me to go through that irks.

I got chucked in the pool at about 4am on new years day a few years ago rather a lot of booze had been involved. Most difficult bit was trying to figure out where my glasses had ended up. Not quite sure what the cops would have made of it since I was so wet I was just in my undies in the car on the way home...

Sounds like some party

[Peoplesoft bloke]

Maybe in future just get decent phone insurance.

I pay £3 a month on Vodafone to insure a £500 phone against accidental damage.

Waste of cash - minimal risk (probably at least partial cover on household policy) and in 2 years you've paid the value of the phone again for something you might not even use (IMHO of course).

[ASB]

Yep you are right about the durability but I still think they can get away with a repair rather than a renewal at this time.

What did you do to deserve being chucked in the pool??? Can't believe phone was fine - I assume it was in your pocket and not on a table by the side of the pool

A repair is fine, it's just the hassle they want me to go through that irks.

I got chucked in the pool at about 4am on new years day a few years ago rather a lot of booze had been involved. Most difficult bit was trying to figure out where my glasses had ended up. Not quite sure what the cops would have made of it since I was so wet I was just in my undies in the car on the way home...

[LisaContractorUmbrella]

Part of the sale of goods act includes durability. The stte it was in at the time of purchase is irrelevant in that respect.

Yep, know your point about wet. Can't disprove it and it seems to be the standard answer. Though I did get a phone very wet once, I got chucked in a mates swimming pool. Phone was actually fine!

Yep you are right about the durability but I still think they can get away with a repair rather than a renewal at this time.

What did you do to deserve being chucked in the pool??? Can't believe phone was fine - I assume it was in your pocket and not on a table by the side of the pool

[BolshieBastard]

As the phone has developed a fault after 6 months, they do not have to replace it. They have to fix it.

The SOGA stipulates that where a fault develops within 6 months of purchase, the fault was inherent at time of purchase and the goods should be replaced or made good as new.

The SOGA makes clear the warranty is with the supplier not the manufacturer.

[SantaClaus]

Maybe in future just get decent phone insurance.

I pay £3 a month on Vodafone to insure a £500 phone against accidental damage.

[ASB]

Not 100% sure so don't quote me but I believe that if we have adopted that warranty system it would be accepted as being reasonable if the seller refered the product back to the manufacturer with a view to repairing it. With regard to the sale of goods act I believe that you would have to prove that the phone was not fit for sale at the time of purchase i.e. not of merchantable quality which could be difficult 11 months down the line. Had a similar thing happen after about 3 months - the engineers report came back that the phone had got wet - I knew it hadn't but couldn't prove it - pretty much a lose, lose situation.

Part of the sale of goods act includes durability. The stte it was in at the time of purchase is irrelevant in that respect.

Yep, know your point about wet. Can't disprove it and it seems to be the standard answer. Though I did get a phone very wet once, I got chucked in a mates swimming pool. Phone was actually fine!

[LisaContractorUmbrella]

That is at least a little questionable. There is an EU directive which was required to be implemented in all member states. This gives all electrical items a minimum 2 year warranty and places the burden of proof on the vendor. Whether or not we have actually implemented this, don't know.

Not 100% sure so don't quote me but I believe that if we have adopted that warranty system it would be accepted as being reasonable if the seller refered the product back to the manufacturer with a view to repairing it. With regard to the sale of goods act I believe that you would have to prove that the phone was not fit for sale at the time of purchase i.e. not of merchantable quality which could be difficult 11 months down the line. Had a similar thing happen after about 3 months - the engineers report came back that the phone had got wet - I knew it hadn't but couldn't prove it - pretty much a lose, lose situation.

[NotAllThere]

...
Of course most companies haven't the morals of sewer rats ....

ftfy