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Thread: Phone out of warranty repair after 2 months! help!

  1. #17
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    Re: Phone out of warranty repair after 2 months! help!

    I agree, the law does seem to be on your side, and it's hard to see how you can damage the inside of a switch ... though perhaps, dropping it and it landing on the switch might do so. Or, perhaps, the shock of dropping ... or more specifically, deceleration when it landed, might too.

    Even then, you could perhaps argue that if this was just normal usage, such damage perhaps indicates poor quality components unable to withstand predictably normal usage, and if so, that would probably still give you a case. In any event, it's for them to prove its your fault, not for you to prove it's theirs, given the age of the phone.

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    stormrazer razer121's Avatar
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    Re: Phone out of warranty repair after 2 months! help!

    Thanks i agree, i want to see them prove its my fault, and the phone was not dropped, of course they dont know this and only have my word for it! But, still if they did argu this, then where are teh marks to prove it was dropped? IMHO i dont think they have any leg to stand on really...
    Quote Originally Posted by TAKTAK View Post
    It was so small that mine wouldn't fit into it

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    stormrazer razer121's Avatar
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    Re: Phone out of warranty repair after 2 months! help!

    So.....update! i've finally got myself a new handset...however it is a refurb unit, should this be something i should exspect? i at least exspected a new replacment handset??

    Sony didnt want to know and also damaged my old unit, shocking but tbh i exspected it after they did that to my w995, the company contacted me 10 mins after i phoned them and pointed out about the law, good to know they follow it! but still a refurb unit? a little dissapointed but glad ive finally got myself my phone back!
    Quote Originally Posted by TAKTAK View Post
    It was so small that mine wouldn't fit into it

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    Re: Phone out of warranty repair after 2 months! help!

    Quote Originally Posted by razer121 View Post
    So.....update! i've finally got myself a new handset...however it is a refurb unit, should this be something i should exspect? i at least exspected a new replacment handset??

    Sony didnt want to know and also damaged my old unit, shocking but tbh i exspected it after they did that to my w995, the company contacted me 10 mins after i phoned them and pointed out about the law, good to know they follow it! but still a refurb unit? a little dissapointed but glad ive finally got myself my phone back!
    This is something that's pushed my buttons for, well, about 40 years. I had an almost brand new calculator, of the "programmable" type. And this was in the days when such a device was about £100, and £100 was worth a LOT more then than it is today. Also, there was no such thing as home computers in those days, and this type of device was about as close as you got.

    And I got offered a "refurb", as a replacement for a device a few weeks old, and that had light, personal use. I pointed this out to TI (Texas Instruments), and suggested that after a few hours use, I was less than impressed with the notion of getting a "refurb" that may have had a couple of years commercial or industrial use. To give them credit, they conceded and replaced it with a brand new unit.

    BUT .... are you entitled to insist on it? Sadly, probably not.

    When you first get something you've bought, you have a very brief period to check if it "complies with contract". There is no definition of how long that is, but except for very rare situations, it's likely to be a few days, or at most, about a month. Until that expires, you can reject the goods and insist on a full refund, because the goods did not comply with contract. If you bought a 2 litre Ford and they supplied you with a 1.4, you'd have good grounds for this. If you bought a new TV and they supplied a fridge freezer, you'd have good grounds for this. Etc.

    But after that period expires, and it will be quite quickly, the (business) seller is obliged to provide the consumer with repair, replacement or (perhaps partial) refund, and you can indicate your preference but, and this is the catch, the seller is not obliged to follow that [preference if it would be "disproportionate" in relation to other remedies, such as repair or refund.

    So .... if the cost of supplying a brand new unit is disproportionate to the cost of a "refurb", it's hard to see how you can demand a new one. On the other hand, the legislation talks about "repair", not supplying a refurb replacement, so you could argue that you want YOUR unit repaired, not some miscellaneous refurb.

    If you go that route, and repair of your unit is likely to take longer than a refurb, but it must not cause "significant inconvenience" to the buyer (you).

    So the first question is what is meant by "disproportionate". Well, :-

    Quote Originally Posted by Sale of Goods Act 1979 (as amended) s.48B(4)
    (4) One remedy is disproportionate in comparison to the other if the one imposes costs on the seller which, in comparison to those imposed on him by the other, are unreasonable, taking into account -

    1. the value which the goods would have if they conformed to the contract of sale,

    2. the significance of the lack of conformity, and

    3. whether the other remedy could be effected without significant inconvenience to the buyer


    (5) Any question as to what is a reasonable time or significant inconvenience is to be determined by reference to
    1. the nature of the goods, and

    2. the purpose for which the goods were acquired
    So .... you could argue that you want your one back, but you've got those actors to worry about, and ultimately, only a court in a specific case can tell you what is or isn't disproportionate or "significant" inconvenience in that case.

    So you have some basis for objecting to a refurb, but as long as the unit is in a suitable condition (i.e. not battered, etc), works and is guaranteed, is it worth the hassle?

    As I said, it's grated with me for ages. You buy a brand new unit and end up with what amounts to a second-hand repaired item. It grates. But is it worth the hassle of the argument to object? Only you can answer that.

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  6. #21
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    Re: Phone out of warranty repair after 2 months! help!

    Well to be fair the unit i now have is in a pretty good condition, i can only find one minor and i mean really small minor mark on it, which looks to be from the unit being opened, however the phone is working great so far, argu it? not sure but im getting some legal advice on tuesday so im going to explain what has happened and see where i stand and if i should pursue the case, its a hard one, i only had the other phone a couple of months!
    Quote Originally Posted by TAKTAK View Post
    It was so small that mine wouldn't fit into it

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    Re: Phone out of warranty repair after 2 months! help!

    Quote Originally Posted by aonali21 View Post
    You should take it to the general mobile repairing shop.... Also do mail to the samsung company...!
    Interesting reply.....
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    NOTHING TO BE SEE HERE, MOVE ALONG PLEASE....

    :: of all the things i've lost i miss my mind the most ::

  8. #23
    stormrazer razer121's Avatar
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    Re: Phone out of warranty repair after 2 months! help!

    So just had an email from sony, they still wouldnt repair the orginal phone but offered to replace the damaged externals....so in replay to the email i decided to send them this,

    "
    In regards to the phone's condition and the report your tech team has come up with, may i point out they said that the phone would not switch on, well i've had the phone back and as exspected it switched on first time, as i know and exspect sony would try to fob me of, i have kindly attached a video of me switching the phone on, and then using the power switch to lock the phone. This not only proves it switchs on but also proves the tech who looked at this phone didnt obviously know what he was doing.

    I've had a replacement phone a refurb unit from the company i bought the unit from, but this still does not take away the fact i was without a phone i was paying for for over a month, plus i was also told i was wrong when clearly i was not, this video proves this. I am not happy with the outcome of this at all, i now have a refurbed unit because sony didnt want to honour the warranty, May i point out that the fault the techs TRIED to use to get this phone out of warranty was clearly crap, again the video i have uploaded proves and very CLEARY shows this "mainboard powerswitch" was not as big an issue as they had orginally pointed out.

    Due to this i'm seeking legal advice on where i stand with you for not only wasting my time but trying to CON me and make out the phone would not switch on and call it out of warranty, i have all documents and have kept a clear log of phone calls, emails sent aswell as the videos and pictures, including the image i was sent which in your techs opinion "proved" this phone would not switch on, however if he had bothered to charge the DEAD battery he would have noted it was not a problem.

    Even after this your stubborness in replaceing the unit still stands, odd even after i prove the fault the tech pointed out was rubbish, plus how would i have damaged the internals of a phone? again odd. i await your replay and will no doubt be in contact about this disgusting and poor abuse of customer service.

    regards""


    I was supposed to seek legal advice today but couldnt due to some family matters XD

    I know before anyone points out the grammar is shocking but im not partically bothered.

    I am intrested to see there reply...and yes i really do have the video aswell to prove the phone worked, god the dumbass who looked at my phone...wow what a douche.
    Quote Originally Posted by TAKTAK View Post
    It was so small that mine wouldn't fit into it

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