Non-motoring > Consumer law query Miscellaneous
Thread Author: teabelly Replies: 7

 Consumer law query - teabelly
If you decide to return faulty goods directly to the manufacturer because the retailer is a useless, slow waste of space, can said retailer claim they no longer have any responsibility under SOGA at all? I thought a retailer could not remove your statutory rights which is what I think they are trying to do.

I ask because I bought a mobile. It was faulty within days. I sent it back. They sent me another. That's also faulty (same faults and a new fault) and now they're foot dragging to avoid sending another and I suspect strongly they will want to fob me off with a repair as I'm reaching the initial 28 day point where a lot of places decide replacement isn't an option.

I have resorted to the manufacturer as they will send out a courier next day and will take a week to return phone and I suspect the standard of their replacement/repair would be far higher than the retailer. Manufacturer's attitude is completely different and far more helpful.

Retailer will take 3 to 5 working days just to send me an envelope to send it back in! Then they want another 3 to 5 days with no cap on that time to issue a replacement. I have lost patience with them as no returns envelope has been forthcoming after over a week. They're also been particularly difficult as they are only based within half an hour journey so I could easily have dropped off phone for replacement but they refused to let me do that!

 Consumer law query - smokie
No idea on your specific question, but wouldn't you be wise to ask for money back just in case of later problems, and buy elsewhere?
 Consumer law query - Iffy
...so I could easily have dropped off phone for replacement but they refused to let me do that!...

I took a broken laptop back to Currys and was told they couldn't accept it for repair over the counter, I had to take it home, ring a number and wait for it to be collected.

A short discussion ensued which resulted in them taking the laptop over the counter.

As regards the legal position, the general advice is the customer's contract is with the retailer, not the manufacturer.

Apart from anything else, the manufacturer is not in a position to offer a refund.
 Consumer law query - teabelly
I can't get a refund. It's a contract mobile so I could only get a refund on what I paid for the phone not on the rest of the airtime which far outweighs the initial cost of the phone.

All I can do is minimise the time without a working phone.
Last edited by: teabelly on Mon 28 Feb 11 at 19:02
 Consumer law query - Zero
What make is the phone? I would be looking at another make if its that bad.

Whats the fault?

If you have just taken out the contract and got the phone, you can get your contract cancelled as it is part of the total deal. Just pay for calls made.
 Consumer law query - teabelly
>> What make is the phone? I would be looking at another make if its that
>> bad.
>>
>> Whats the fault?
>>
>> If you have just taken out the contract and got the phone, you can get
>> your contract cancelled as it is part of the total deal. Just pay for calls
>> made.
>>


You can't as the phone is from a third party retailer so therefore it's separate from the airtime contract and isn't part of the total deal! I thought it was and it should be, but it isn't according to consumer direct. :-(

Phone has just won European smartphone of the year.... it's a Nokia. I bought it because it has a really good camera and reasonable battery life and it multi tasks. Don't want a windoze one. Crackberries have rubbish cameras and don't seem to do calls well (friend has one). HTC desire was another choice but camera is a bit mince. Samsung Galaxy and Nexus all off the list as I think they're missing flash off their cameras and they aren't great for battery life. Sony Ericsson did used to do a good cameraphone but after the T39 I said I'd never buy another SE again. LG supposedly do one but I tried a viewty and wanted to stamp it to death within minutes.

It was the Nokia or the Isheep4
 Consumer law query - Zero
If you look back through these forums, you will see I posted that the nokia was a bag of dog poo, with many OS issues.
 Consumer law query - Zero

>> You can't as the phone is from a third party retailer so therefore it's separate
>> from the airtime contract and isn't part of the total deal! I thought it was
>> and it should be, but it isn't according to consumer direct. :-(

Phones eff U?
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