Mobile Phone repair

[WGG1848]

I bought a Nokia 5800 in July this year on pay-as-you-go.
Cost £199.99
Since purchase it has been back for repair 4 times. The shop has loaned me a basic phone during these periods of repair.
I have now been informed that the phone has an identifiable fault, which cannot be repaired and so they have offered me three alternative phones
Nokia 5530
Samsung 5560
LG GD510
Do I have to choose between these inferior units or do I have the right to obtain a full refund?
I would argue that whilst been loaned a phone this did not meet the same spec as my 5800 and the inconvenience of trailing back and forth to the shop, has cost me money. Can I expect a full refund?
Thanks for your time.

 

[mlewis09]

I'm not sure, they are others in this forum who will be able to give you the exact answer, but I thought after three attempts to repair, you had the right to a refund or exchange.

I'm also sure the Sales of Goods Act, says that if a fault develops within the first six months, it is assumed the falut was already there at the time of purchase, so that should help your argument for a refund.

My advice would be to check the Sales of Goods Act section on this site Sale of Goods Act | Consumer Information

 

[WGG1848]

I have been in contact with this company who state that the three phones they have offered are all of the same spec as my original phone.
I disagree, for example my phone has an MP3 player, he replacement Nokia 5530 does not.
I asked for my money back and was refused.
I asked for another Nokia 5800 and was refused, they said it was no longer available and yet it is available on their web site and in the shop I visited today to check out the phones they had offered.
I now intend proceeding down the small claims court route.
Why o why are we treated like this?

 

[WGG1848]

update:
Nokia 5530 has MP3 capability. printing error in catalogue
It does not have 3G

I should have followed the KISS formulae, Keep it simple stupid.

 

[Tony]

Hi,

In terms of refunds they can deduct an amount for the usage you have had and the replacement only needs to be like-for-like in terms of age and not new. Is a 5530 a reasonable replacement - I don't know...

Tony

 

[WGG1848]

Hi Tony
Thanks for your interest.
The original phone has been back 4 times in just over 4 months. Usage from that phone in the time it has been in my possession can be described as minimal. The replacement phone was not up to or any where near my phones specifications.
Take the Nokia 5530 they offered as a replacement, the cost of that phone is half what I paid for mine. That phone does not have 3G and has an inferior camera, ie it does not have a Carl Zeiss lens.
It must be obvious that despite the erratic nature of mobile phone prices, cost cutting has been introduced to to make the 5530 more affordable. That in itself would indicate a lower quality build in materials to achieve a marketable price.
I was advised by the shop to buy the Nokia 5800 after they listened to my requirements, I did so in good faith. The phone has clearly in my view not been fit for purpose. All I require from this company is to either refund my money or give me a straight replacement .
The Nokia 5800 is still readily available in the shops or on the website at the price I originally paid.

 

[WGG1848]

OK enough is enough.
I have been in touch with Legal Assistance via my Home insurance.
They were very helpful and have given me precise advice on how to proceed.
I have given this lot enough time to sort this out but despite 'helpful promises' nothing has materialised.
Will keep you informed of progress.

 

[WGG1848]

Success from Carphone Warehouse.
Today I received a letter from this company, basically saying that they could not/would not improve on their initial offer.
They stated that the alternatives handsets are based on specification and not on price.
But prior to opening the post and reading this letter, I had visited the local shop this morning and was told that they were replacing the unit with a new one. Whilst this did not meet my request for a refund, I felt that I could not continue with protracted negotiations.
It would appear that this company do not know their right hand from their left.
But clearly there are people in that company with a lot of common sense, and to those people I say thank you.
Now - lets see how I get on with a new 5800.
AND thanks to the readers of this forum for your patience in following my experience with Carphone Warehouse.