Who is my warranty with? (Vodafone Smart ultra 6)

Found 21st Feb 2016
Purchased from mobile phones direct in October 2015....

Never worked properly (touchscreen issues) but was usable.....as I was busy uptil Xmas plus I needed a phone, I thought I'd keep it and see if things got better, if not send it back in January

By January the phone was completely inoperable, so rang them up, to be told I was outside of their 28 day window, and I had to go via Vodafone directly (take proof of purchase into a Vodafone store)

Vodafone in store told me they couldn't process the return as

A it was on talkmobile
B they hadn't sold it
C they needed a Vodafone contact number

And that I should return it to mpd, who would then presumably pass it on to Vodafone, or fix in-house

Mpd are reiterating they have no returns policy outside of the initial 28 day period

Can I refuse payment / cancel direct debit, or will this lead to court action against me? Having said that, its not a bad price for a sim only package, if I cancelled I'd only spend the equivalent on payg charges.

I have a new phone (Doogee x6 pro, see relevant deal thread) which I am using on the contract. And if I have to chuck the su6 in the bin and chalk it up to experience, its no biggie (£3 a month equivalent over 2 years), but I just wondered who was liable - seller or manufacturer?
Community Updates
You got the phone on contract with talkmobile?
*Yep I see it on mpd now. I was surprised as I thought it only available on voda
Edited by: "jco83" 21st Feb 2016
You bought the phone from MPD. Your contract for the sale/puchase is with MPD

If you purchased the goods from 1 October 2015 then the Consumer Rights Act applies.
If you purchased the goods on or before 30 September 2015 then the Sale of Goods Act will apply.


Edited by: "Fluffykins" 21st Feb 2016
First port of call is always the retailer, in this case MPD, they have to provide for it for "a reasonable amount of time". If they refuse to assist you general process is to file a small claims action. Link. Only if the retailer were out of business or something similar should you need to go via the manufacturer.
My advice is keep pushing on the retailer.
First six months retailer, they have 3 choices either repair, replace or refund. If they still refuse then have a word with a citizens advice office near to where they are.
Thanks for all replies
I read something like the above in moneysavingexpert.com website summarising it into an acronym (Sorry) called 'SAD FART' rights but wondered how to apply it. Lots of detail and examples there and guidelines on how to go about exercising rights with retailer, which usually do not know Consumer law.
Am keen to know how it goes. All the best.
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