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Consumer Advice Needed.

peodude Avatar
8y, 1w agoPosted 8 years, 1 week ago
My parents bough a phone from Comet, and after a month and a half it stopped turning on. We went back to Comet, and tried to get a refund, but they insisted on a repair, which we eventually accepted. They commented on the condition of the phone "looking like brand new"

Now, 4 weeks later, they have come back and said that the internal board is bent and that is our fault, because the phone has been sat on or similar. Surely it is not possible to bend the board of a phone by sitting on it, without causing any damage at all to the casing? The phone by the way is a budget (£30) Sony Ericsson, similar in style to the k800i

I think we're going to have to go in and kick up such a fuss that they will refund, picking the busiest time and alerting people with raised voices that their returns policy is rubbish would put a few customers off. I'd like to go in fully armed (not literally) so that we can show that we know what we am talking about
peodude Avatar
8y, 1w agoPosted 8 years, 1 week ago
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#1
Unless they can proove that it was you who damaged it then it should get processed as a repair of a faulty phone which they sold to you. As much as they may not like it, making accusations such as "it must have been you" is not acceptable from a retailer of this size. dont accept anything less than you'd expect. If in doubt go in store kick up a fuss, speak to the manager and try and be reasonable. then tell him that if you dont get a reasonable and satisfied resolve then you will phone head office and make a complaint to trading standards.

Good luck :thumbsup:
#2
StevenA2000_uk
Unless they can proove that it was you who damaged it then it should get processed as a repair of a faulty phone which they sold to you. As much as they may not like it, making accusations such as "it must have been you" is not acceptable from a retailer of this size. dont accept anything less than you'd expect. If in doubt go in store kick up a fuss, speak to the manager and try and be reasonable. then tell him that if you dont get a reasonable and satisfied resolve then you will phone head office and make a complaint to trading standards.

Good luck :thumbsup:


Agreed, as above. May also be woth mentioning "Sale of Goods Act"
#3
if u want to go kitted up...my dad has lots of friends that can sort u out.
#4
Did they give you a receipt stating condition when you put it in for repair? Not possible to damage internals without noticing externally on something like a phone IMO.

Even if what they say is true then the item is not fit for purpose but I reckon they are chancing their arm. Make sure you note serials numbers etc to ensure you are dealing with the item you returned to them rather than another one that has been submitted for repair.
#5
Murielson
Did they give you a receipt stating condition when you put it in for repair?


They did yes, noting only that there was a very small light scratch to the screen, i have now contacted SE direct, to see if they can suggest anything, and asked if they were aware of a design fault which causes the internals to be damaged without externals.

It may only be a £30 phone, but that is not what matters, it is the principle of Comet doing their duty and dealing with repairs, rather than accusing us of damaging it. How do we know that the phone was not damaged by transit or when in their repair shop?

Thanks for everyone's help so far, to be fair the manager did sound reasonable, and was probably acting on orders from somewhere else, so I think, when we collect the phone, that we should go straight to the top at the manager and try and get him to see sense.
#6
i would doubt you'd have much luck with kicking up a fuss.....i'd suggest speaking to the manager and see if he/she can do anything. Failing that, when it returns take it into the Carphone Warehouse (as long as you have a receipt showing the IMEI number) and they'll get you a 2nd opinion.

PS. as Murielson says, just also check the IMEI on the handset returned to that displayed on the box
#7
Must agree, kicking up a fuss is old style... surely that doesn't work anywhere anymore?

Seriously though, my advice would be to remain calm and reasonable and say the right things - kick off and they'll probably do very little to help you. Dont expect it sorted on the spot, the store will be following the company/manufacturer policy (which with sony usually means return to sony for repair) - so the manager will probably need to contact head office and wait for a response.

Also it is possible to damage a phone internally without any external damage - liquid damage can destroy the phone with no external physical damage... but this doesn't sound like that.

Good luck
#8
A further update, the manager stood firm when we went back, so we then phoned Consumer Direct, who said rng him again, and quote a few bits of the Sales of Goods Act etc. and see what he says. If he still refuses then Consumer Direct will take up the case with Trading Standards.

Phoned manager, and he still refuses, so now it's in the hands of Trading Standards with Consumer Direct supporting.

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