I bought a new Google Pixel Phone in December 2016 from CarPhone Warehouse. Within a couple of weeks it developed an issue with the mic and speaker. This fault was widely reported online and has been acknowledged by Google. I returned the phone to CPWH in January who sent it off for repair. It was returned to the store with no paperwork and still not working, so was sent back again to the repairer and the same thing happened the second time, it was returned with the fault and no notes. The store were pretty good in trying to find out what had happened but got nothing back. Eventually after a couple of calls to their support team I was told the device would be replaced. However on going back to collect the new device, the store told me that that decision had been rescinded on the basis that there was evidence of 'damage' to the phone. Given how quickly the fault became apparent, my understanding is that it is the retailer's responsibility to prove that it is not a manufacturing fault and that the phone was fit for purpose when I bought it. It has now been over 5 months and they still will not give me the engineer's report. I have been told a couple of times on the phone that actually, the repairer doesn't have one. So we are going around in circles. I know for a fact there was no damage - it had barely been used - while they are maintaining there was and yet refuse to prove it. I was given an address to write to to escalate my complaint but the letter was not even acknowledged - it's been almost four weeks. I have tried all reasonable attempts to resolve this with them but just cannot let it drag on for much longer. I am still paying for the device monthly as part of the service contract with O2, and have so far resisted temptation to cancel the payments. I haven't spoken to O2 though I understand they wouldn't get involved as they did not sell me the phone. Any advice here would be useful. The only thing I can think of doing next is involving a solicitor. Thanks for reading this!
If you need help with this issue, especially if you decide to go to the small claims court, contact your local Citizens Advice for help. Often a phone call or letter from them to the company concerned moves things forward.
Your contract was with Carphone Warehouse, and the company is reponsible to you for resolution here - do not listen to any attempt to tell you otherwise.
Consumer legislation says that a seller is responsible for any fault which reveals itself within six months of the date of purchase, unless the seller can demonstrate that it was not inherent at the time. In practice, it is usually very difficult for sellers to do this.
Your phone was accepted for repair, and the repair attempt failed. A subsequent attempt also failed. You are entitled to expect the phone to be replaced, free of any charge.
If the seller alleges that the phone was damaged by you, it must tell you what the damage is. You were informed that the phone was going to be replaced, and that undertaking was withdrawn. Be firm about this - you want to know why two attempts at repair were made if the phone was damaged, and you want to know why a promise of replacement was withdrawn. Saying that repair engineers don't record what was wrong with phones they deal with sounds like nonsense to me.
This whole thing smacks of a lack of professionalism and customer care. Tell the company that you have asked us for advice, and tell them what I have said.
Thank you very much for your help. I have written to CPW again requesting evidence that the fault was not present at the point of purchase and giving them 14 days to arrange a replacement handset. I'll let you know how that goes!
Good luck. We'll look forward to your update.
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