Phones4U ignores the Sale of Goods Act

benhymers

New Member
May 9, 2012
2
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0
I bought a HTC Desire from Phones4U just over a year ago. It was severely faulty at the time of purhase, and I notified Phones4U of this within a month. After some mucking around on the part of Phones4U, I had two repairs carried out by HTC, neither of which fixed the problems. Throughout the year I have tried many many times to get a replacement or refund, citing the Sale of Goods Act 1979. I have consulted with a lawyer and there is no doubt that I am entitled to a refund and compensation for my costs. At every stage I have been given misinformation (like "only HTC can give a refund", which HTC deny) and have been fobbed off with various excuses (like "we can't repair your phone since it's already been repaired once"). This is a very brief description of a problem that has taken over 30 hours of my time and £70+ of costs in trying to resolve.

I have just given up though, after a call to Phones4U head office today, in which I was told that Phones4U will only ever give a refund within 28 days of purchase, even if the reason for it being after 28 days is that they delayed sorting it out. This is incorrect; the Sale of Goods Act doesn't mention 28 days anywhere, and says that the seller must repair the phone as quickly as is cost-effective and at minimal inconvenience to the buyer. I mentioned this, but I was told that I have interpreted the Act differently to Phones4U.

Unfortunately, the time investment needed to claim a full refund through the small claims court, or to report this action to Trading Standards, would just not be worth the compensation I would get. I've already put over 30 hours of my time into this and have only managed to get a £60 cheque as a "gesture of goodwill", which is actually less than the expenses I have directly incurred. I'm out of pocket £229 on the phone itself since it is now almost completely non-functional.

What I've decided would be more time-effective and satisfying, is to warn others that Phones4U does not trade legally, and to advise potential customers to buy from a more reliable source, such as eBay or some guy down the pub.

Thanks for reading,

Ben
 

Witch consumer

Moderator
Sep 8, 2008
1,593
3
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Debtors retreat
If you've read other posts on the forum, you will be aware that this is normal practice for them.

I disagree that it is not worth the time or effort to take them to the small claims court, you can do this online it is a very simple process and relatively cheap to do, if you want any help please shout but don't let them get away with this sort of behaviour because they will never stop while people give up.

If anyone else reads this who is just encountering a problem, don't be messed about by them, give them an opportunity to fix the problem, if they don't, go through the complaints procedure then straight to scc, should all be sorted in 3 months, not 12
 

benhymers

New Member
May 9, 2012
2
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Well well well! Less than 24 hours after publicly complaining about my treatment, I've been given a substantial upgrade as a replacement! Strange, since they swore blind that they would never do that for anyone, ever.

I've learned my lesson - don't try to fight fair, just moan about them to the internet.
 

Witch consumer

Moderator
Sep 8, 2008
1,593
3
0
Debtors retreat
Facebook, Twitter and sites like this are the new Small Claims Court except you get a different kind of interest!!!

Well done, I love a good success story, thanks for the update
 

valerie turner

New Member
May 13, 2012
19
0
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Well well well! Less than 24 hours after publicly complaining about my treatment, I've been given a substantial upgrade as a replacement! Strange, since they swore blind that they would never do that for anyone, ever.

I've learned my lesson - don't try to fight fair, just moan about them to the internet.
Hi I hope it works for me,pleased to hear some positive feed back well done

New home owner Valerie Turner.