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

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

    Ok long story short, i bought a xperia play on the 25 may, it arrived on the 28th of may, i reported a problem with it, the phone didnt switch on and the sim was not being reconised.

    So this was logged, but only the part about the sim...anyway 2 months on and it has more problems!

    The power button is getting worse and the phone keeps crashing and now wont even receive calls or texts...

    So i send it off for repair and sony refuse the repair due to the power button, contact the people i by it from (buymobilephones) and they also refuse it!

    So now im left without a phone and a 2 year contract...help
    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!

    Trading Standards.

    A power button failing after two months means the item is not fit for use.

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

    This is what ive said to the company but they say they have a 28 month thing and wont replace or anything,

    Also sony are saying the out of warranty reason is "broken device/physical damage - turn of on - does not swithc on"

    It does but the button has to be pressed hard, the phone has one scuff in the bottom right hand corner where i caught it on a file in my pocket, no other marks which would be hard to not get if it was droped (which it wasnt btw)

    So due to this the company i bought it off are refusing to do anything! i said the item is not fit for purpose and yet they still refuse
    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!

    Look around at some forums to see if this problem is common. Then talk to Trading Standards.

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

    Well after a quick search i only found one other person with a problem like mine
    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 CAT-THE-FIFTH View Post
    Trading Standards.

    A power button failing after two months means the item is not fit for use.
    Not necessarily. It depends on why it failed.

    If it's a faulty button, etc, then yes, I'd agree. If, as Sony appear to imply, it's "physical damage", then that's what insurance is for.

    Razer, you have up to 6 years after buying something during which it must comply with consumer rights laws, part of which is that a product must be of satisfactory quality when you buy it, and that implies a "reasonable" durability, but it must be a defect "inherent" when you bought it.

    If something fails within 6 months after purchase, the retailer (not manufacturer) must prove that it is not as a result of an inherent fault, or the presumption is that it is.

    In other words, the ultimate recourse for this is to take the seller to Small Claims Court, and they would have to prove that the fault was as a result of, for instance, physical damage, because otherwise, they're liable.

    You can point this out to them, but from this point (of you haven't already) keep names, dates, times and a précis of any phone conversations, or better yet, go to email or letter.

    State your case clearly and briefly. Resist the impulse to write a dissertation on every last aspect of how you've been dealt with, and keep to the problem, the solution you expect and a reasonable time-frame to deal with it.

    Personally, if I got nowhere on the phone, I'd probably revert to three stages.

    1) Complaint letter to the company (recorded delivery). Outline the above, and give them a couple of weeks.

    2) If no resolution, a second letter enclosing copy of fist, outlining that you have had no response/no resolution (whatever), and that unless a solution is reached, you'll have no choice but to take further action, at which point, costs of doing so will be added. And give them 7 days.

    3) If after 7 days plus a bit, no response/resolution is achieved, get the Small Claims Court forms (or visit their website) and start the process.

    Of course, if you have damaged the phone in a way that results in this problem, then you'll likely lose. But if not, you may well have to push. Some companies seem to think they can just bluff people out of their rights, not least because it often works.

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

    I would have sent the phone back in the first week if had the problems the OP suggested.

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

    Quote Originally Posted by Saracen View Post
    Not necessarily. It depends on why it failed.

    If it's a faulty button, etc, then yes, I'd agree. If, as Sony appear to imply, it's "physical damage", then that's what insurance is for.

    Razer, you have up to 6 years after buying something during which it must comply with consumer rights laws, part of which is that a product must be of satisfactory quality when you buy it, and that implies a "reasonable" durability, but it must be a defect "inherent" when you bought it.

    If something fails within 6 months after purchase, the retailer (not manufacturer) must prove that it is not as a result of an inherent fault, or the presumption is that it is.

    In other words, the ultimate recourse for this is to take the seller to Small Claims Court, and they would have to prove that the fault was as a result of, for instance, physical damage, because otherwise, they're liable.

    You can point this out to them, but from this point (of you haven't already) keep names, dates, times and a précis of any phone conversations, or better yet, go to email or letter.

    State your case clearly and briefly. Resist the impulse to write a dissertation on every last aspect of how you've been dealt with, and keep to the problem, the solution you expect and a reasonable time-frame to deal with it.

    Personally, if I got nowhere on the phone, I'd probably revert to three stages.

    1) Complaint letter to the company (recorded delivery). Outline the above, and give them a couple of weeks.

    2) If no resolution, a second letter enclosing copy of fist, outlining that you have had no response/no resolution (whatever), and that unless a solution is reached, you'll have no choice but to take further action, at which point, costs of doing so will be added. And give them 7 days.

    3) If after 7 days plus a bit, no response/resolution is achieved, get the Small Claims Court forms (or visit their website) and start the process.

    Of course, if you have damaged the phone in a way that results in this problem, then you'll likely lose. But if not, you may well have to push. Some companies seem to think they can just bluff people out of their rights, not least because it often works.

    Thanks well they no of the fault it had but only logged the sim card fault, however for some reason never logged that the power button was stiff and hard to push....

    But in relation to any damage the phone has taken it is as ive stated the file (modding my coolermaster case lol) which was in my pocket, i managed to slightly file the corner of the phone, but surely this cannot be used as an damage cast....as im well aware this is (what i believe) sony are trying to say, they must think i dropped the phone or something, i havent and that is clear just by looking at the phone, you can only see this minor scuff marks in one corner!

    Im ready to fight this all the way...it ent a cheap phone! Thanks for the help so far guys,

    Ive spoken to the manager of buymobilephones who has decided to contact sony and have the phone sent back to them, they will pay the return fee and will inspect it themselfs, they are well aware that i know my rights as i did quote the sales of goods act. He is going to be contacting me monday/tuesday to give me an update,

    I will report back then! again thanks for the help guys
    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
    ....

    But in relation to any damage the phone has taken it is as ive stated the file (modding my coolermaster case lol) which was in my pocket, i managed to slightly file the corner of the phone, but surely this cannot be used as an damage cast....as im well aware this is (what i believe) sony are trying to say, they must think i dropped the phone or something, i havent and that is clear just by looking at the phone, you can only see this minor scuff marks in one corner!
    ....
    In the general case, and without implying anything at all about you .... customers sometimes tell stores any old cobblers to get what they want. So ... both Sony and the retailer may be aware that, well, you would say that, wouldn't you?

    My point .... I know what you say and I've sure no reason to doubt it. Sony and/or the retailer may not take your word for it, and may well have plenty of experience that makes them be cynical. I'd be surprised if Scan staff, for instance, couldn't relate a few tall tales about customer claims if they wanted to. In fact, I'd be surprised if most retailers couldn't.

    But .... for those first 6 months, it's not really what they think that matters, but what they can, on balance of probability, prove. You get the statutory presumption on your side unless they can prove, probably via independent examination, otherwise. That burden reverses after 6 months, and the presumption is their way unless you can prove otherwise, which is why you're a LOT better protected for the first 6 months.

    The whole consumer rights thing is like an onion .... one layer after another. For instance,

    1st - DSR, for relevant consumer transactions.
    2nd - a brief period to completely reject goods.
    3rd - this 6 month period.
    4th - up to perhaps 6 years, if you have strong evidence on your side.
    5th - being able to legally enforce warranties, which may be good or poor, and last longer or time than 6 years.

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

    Ok so would you say the law is on my side? can they even prove that a fault with the mainboard is caused by missues? i mean how can you damage the inside of a phone...with n TBH even if a phone is dropped how can that damage the internals and not the externals? the dingbats!

    I can swear on my kids lifes that i didnt drop this phone its a xperia play! im VERY carefull with it lol for obvious reasons really.

    But still i'd like to see them prove it

    For the record, do i have to accept a refurbed unit? or can i request a brand new one?
    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!

    Well after speaking to the CAB ive been advised that i am well within my rights to a repair or replacement, even after hearing this sony refuse to repair my phone ro replace it! So the company i bought the phone of are now very much involved and helping me out, seems i just got a bad advisor! so to add to this, i have this email from sony,

    "Dear XXXXXXX,

    Thank you for contacting the Sony Ericsson support centre.
    We are very sorry to hear of the issues you have experienced with your Sony Ericsson Xperia Play and the subsequent need for repair.

    As you are aware, your Sony Ericsson Xperia Play has recently been examined by engineers at our service location. Unfortunately they have identified that your Sony Ericsson Xperia Play is beyond economical repair due to Physical Damage to the Main Board.

    They have also provided a digital image to support their findings which we have attached to this email.

    Unfortunately we are unable to comment as to how any form of damage has occurred we can only comment on the findings upon completion of the investigation.

    Therefore, we regret to inform you that we will uphold the conclusions made by our service location and will not repair nor replace your Sony Ericsson Xperia Play due to the nature of the fault not being covered by our warranty.

    However as a gesture of goodwill we would be happy to arrange for the unit to be sent back to you free of charge.

    Please contact us on 08705 237237 quoting the reference number above in order to advise of how you would like to proceed.

    Kind Regards,

    Rebecca Brumwell
    Sony Ericsson Escalations Department""

    So they are saying basically that ive somehow damaged the mainboard, without damaging the phone.....yet this is the reason and they are not sure how it happened? intresting...and here is the attached image!



    I cannot tell what this means but what i can tell is they are saying the problem lies withing the switch...the fault i reported when i got the phone! and now id like them very much to prove how ive managed to damage the inside of this phone...and then explain why i reported this problem when i got it...i swear if i could claim compo and sue them i really would, sony have taken the mick one step to far this time!
    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!

    Forget Sony, worry about the retailer as Saracen said. They're the ones with the legal responsibility in the UK.

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

    I would also like to add, after speaking toe consumer direct, im covered by not one but two laws now it gets intresting...

    supply of goods and services act 1982

    and...

    limitation act 1980

    I will be writing a letter to them very soon
    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
    I would also like to add, after speaking toe consumer direct, im covered by not one but two laws now it gets intresting...

    supply of goods and services act 1982

    and...

    limitation act 1980

    I will be writing a letter to them very soon
    Yes, and no. The Limitation Act is the bit that effectively gives you 6 years by saying that, in England and Wales, you can't sue on a civil issue (torts or simple contracts, that is) after 6 years. It's relevant in that sense, but only in that general context.

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

    Quote Originally Posted by snootyjim View Post
    Forget Sony, worry about the retailer as Saracen said. They're the ones with the legal responsibility in the UK.
    More or less, but ..... as of a few years ago, if there is a manufacturer warranty and the buyer knew of and relied on it when buying, it's now legally enforceable. So a manufacturer might have a legal responsibility but for business to consumer sales, the retailer certainly does. Broadly, I agree with you but it's not quite that clear-cut.

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

    Yes...but lets not look on the bad side of things...the xperia is not a cheap phone! and ive high hopes im going to get a refurb or a replacment...the damn thing had issues when i got it, just wish i sent it back then! but....the inner young boy in me was to excited when it started working

    Still...the law seems to be on my side, consumer direct agree with me and are on my side, so is the CAB and i have the email confirming i reported the fault...plus sony cannot seem to give an exact answer as to why the mainboard is damaged. This to me says i would be covered and that they will have a hard job proving this fault was not there when i got the phone, plus i have do kind of have sonys little report stating they dont know what caused the fault, then....

    We move onto the orgional report from sony which states the phone would not switch on...this will be video recorded as i slowly build my case agaisnt it all, and of course i know the phone will switch on

    I've high hopes...so dont burn them lol
    Quote Originally Posted by TAKTAK View Post
    It was so small that mine wouldn't fit into it

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