News2 mins ago
Mis-sale?
6 Answers
Couple of weeks ago,mum bought a motorola pebl mobile phone,because of her arthritis she cant open it too easy as you have to kinda push it down before you lift it up,anyway this wasnt explained to her,she never found out until she got home and we were looking at it,what are the chances of taking it back for an exchange as its been mentioned by someone that this could be a mis-sale??Thankz.
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Anything you buy should, by law, be 'fit for purpose'. If you were simply sold the phone on the basis that its 'purpose' was to be able to make phone calls, then you've got no right to an exchange or refund.
If, however, the phone was sold to you on the basis that its 'purpose' was to enable someone with arthritis to make phone calls, then the phone is not 'fit for purpose' and you have the right to receive a refund. (You could accept an exchange instead of a refund but this would be at your discretion).
So, it all comes down to the conversation which took place between your mother and the sales person. If your mother made it clear that she specifically required a phone suitable for someone with arthritis, she has the right to a refund (or exhange). If she simply asked to buy that phone, she has no right to either a refund or exchange. The problem, of course, is being able to prove what was actually said.
Give it a go, anyway. Be polite but firm. If necessary, insist on seeing the manager. If you seem to be getting nowhere, mention contacting Trading Standards and also mention that the local newspaper might be interested in the story. Your position ought to centre around your rights. In practice, your chance of getting something done about it actually depends upon your ability to put the retailer under pressure.
Chris
If, however, the phone was sold to you on the basis that its 'purpose' was to enable someone with arthritis to make phone calls, then the phone is not 'fit for purpose' and you have the right to receive a refund. (You could accept an exchange instead of a refund but this would be at your discretion).
So, it all comes down to the conversation which took place between your mother and the sales person. If your mother made it clear that she specifically required a phone suitable for someone with arthritis, she has the right to a refund (or exhange). If she simply asked to buy that phone, she has no right to either a refund or exchange. The problem, of course, is being able to prove what was actually said.
Give it a go, anyway. Be polite but firm. If necessary, insist on seeing the manager. If you seem to be getting nowhere, mention contacting Trading Standards and also mention that the local newspaper might be interested in the story. Your position ought to centre around your rights. In practice, your chance of getting something done about it actually depends upon your ability to put the retailer under pressure.
Chris
Everything that BuenChico has said is correct. I used to work for the Executive Office of a major mobile phone network and we dealt with this type of thing all the time.
As BuenChico said, if your mother did not express a specific requirement to meet the needs of her disability, then no mis-sale has taken place. However, under the Disability Discrimination Act, I would find it difficult to believe any network would not be sympathetic to the problem. They may not offer a refund, however, an exchange is probably more likely. If the network's customer services team refuse to help, then enlist the help of Trading Standards who will jump at the chance to fight on your mother's behalf. It is also worth contacting the network's Executive Office who will have a dedicated team to deal with high level complaints. As a last resort, the press would be very interested to hear how a network was not sympathetic to your mother's disability......trust me - no network would let a story like that go to press!!!!
As BuenChico said, if your mother did not express a specific requirement to meet the needs of her disability, then no mis-sale has taken place. However, under the Disability Discrimination Act, I would find it difficult to believe any network would not be sympathetic to the problem. They may not offer a refund, however, an exchange is probably more likely. If the network's customer services team refuse to help, then enlist the help of Trading Standards who will jump at the chance to fight on your mother's behalf. It is also worth contacting the network's Executive Office who will have a dedicated team to deal with high level complaints. As a last resort, the press would be very interested to hear how a network was not sympathetic to your mother's disability......trust me - no network would let a story like that go to press!!!!
Aw thanks,cant remember exact conversation but she did mention her arthritis,not though the woman was that interested,the shop was phones4u,the network o2,as i said only week or 2 back she would be happy with an exchange and she always keeps her old number anyway!!Any more help would be appreciated,thanks!
i have to say i haven't had a good experience of phones4u :o/ they sold me a faulty phone and repaired it 3 times but it was still broken. in the end they offered me a replacement phone but set up a new contract for it under false pretences and i ended up paying for 2 contracts for a year!
i would give it a go though and try to get a refund because the staff have misled you like they did me
i would give it a go though and try to get a refund because the staff have misled you like they did me
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