Mobile phone

[Akakpo]

I purchased a mobile handset from Car phone warehouse on 4th Feb 08. Three weeks later the phone was giving me problems so took it back to the shop and had it replaced. The replacemnt phone is just over 3 weeks old and also giving the same problems i.e. switching it'self off for no reason, restarts when not touched and cuts out. This is intermittent so difficult to re produce the fault. The manufacturer has suggested a fix which has been appiled but that has not fix the problem I have lost confidence now in the handset. Can I ask for a replacement phone with a different model or a refund. Where do I stand legally and as a consumer?

[MrBounty]

Well, in my experience, i have never stood for the purchase of faulty goods - no matter where they are bought from.

You have a right that, in exchange for your money, you receive an item which is in perfect working order.
If that item is faulty, then you take it back from a replacement or full refund - and if the replacement is the same, then go back again.

If the shop tries to fob you off with whatever, just explain that you bought a brand new phone, which turned out to be faulty and the replacement they gave you is exactly the same.
If they refuse to refund you, then tell them you will be willing to go to a small claims court to get it.
They dont usually like it when you threaten court action....

[sweet tooth]

mr bounty is right iwent throgh the same experience with mobile phone last year from argos i threatened them with the local news papers. and i wouldnt move from shop until got my money back. it worked

[weeal]

Oh no, Carphone Warehouse - good luck!!!

[tigersam258]

You are covered under the sale of goods act in that in the first six months of purchase, the retailer has to prove that a fault does not exist and so when confirmed must offer you either a replacement or refund (this can be pro-rata to the amount of actual use you had from the handset).

Check out the Sale of Good Act and quote this to the shop. There seems to be a deficit in the retail industry that shop workers do not understand the law by which they are protected and also bound. Speak to the shop manager is you do not get an acceptable response from them.