Orange Shop denying responsibility - What to do?

  Border View 10:37 14 Aug 2013
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Answered

Last September my sister in law purchased a Samsung Galaxy Ace (£129.99) from the local Orange shop (now EE) She uses the phone under a Sim contract only. She bought it using her Visa Debit card.

In about May the phone stopped working correctly. Would not send or receive texts, would not ring out. Shop gave Sister in Law a replacement SIM card to remedy the situation, but this did not help and the phone was still not working correctly. They have insisted on sending the phone back to their Repair Center three times. Each time the phone has come back in the same state. Fault not corrected.

She was told by staff at the Orange shop that it was their policy that the phone would have to go back to the Repair Center three times before they would do anything. Yesterday after the third "repair" the phone came back and when she go it home it was in the same not working correctly condition. Staff are now denying saying they said it would have to go back three times.

Staff at the shop yesterday said that condition of the phone had nothing to do with them and that Sister in Law would have to phone the Repair Center. On finding the phone still not working correctly she telephoned the Repair Center and they said it had been tested and found to be OK. They would only comment further if the phone was once again returned to them. Should point out that when the phone goes back to the Repair Center its away for at least two weeks.

What can my Sister in Law do? She has paid for a mobile phone Samsung Galaxy Ace which just does not function correctly. Is she entitled to return to the Orange/EE shop and ask for her money back.

Can we please have your advice on the steps she should take to resolve this matter. Thank you.

  spuds 10:59 14 Aug 2013

What your Sister in Law can and should do, is go to their local CAB or Legal Advice Centre, and ask for guidance from there.

Shop assistant's are not always the best people to deal with, when it comes to a point of consumer law. The retailer of the product as had their chances to correct the problem, but it would appear that this as not been achieved.

So to save further time and annoyance, get the issues sorted out, by getting the appropriate advice from the CAB or a Legal Advice centre, otherwise things will tend to go on, as before.

  Border View 11:26 14 Aug 2013
Answer

Many thanks for responding Spuds. Shall let her know.

  Forum Editor 11:59 14 Aug 2013

Had the phone developed the fault within six months of the date of purchase things would have been a lot easier - the shop would have been under a legal obligation to replace it, or effect a repair within a reasonable time.

This phone went wrong about 8 months after purchase however, and the automatic liability rule no longer applies. Your sister still has the right to claim that phone is 'not fit for purpose' under the terms of the Sale of Goods Act however, and her next course of action should be to tell the shop that. She doesn't have to start phoning repair centres - her contract was with the shop, and it's up to them to sort the problem out.

Your sister will need to be firm about this - she should refuse to deal with anyone other than the shop, and she might want to tell them that she has consulted us, and that we have advised her of her rights under current consumer law. A phone that doesn't work properly after three repair attempts is not acceptable, and she should say so, quite firmly. Sometimes it's necessary to demonstrate to a retailer that you aren't going to accept a brush-off over matters like this by standing your ground - the law is on your sister's side.

  Border View 15:38 14 Aug 2013

Many thanks FE I shall pass on this information.

  wiz-king 16:10 14 Aug 2013

When she goes back to the shop demonstrate it to them the shop - just in case it is something she is doing wrong and to prove the point.

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