Anyone one good on consumer law - mobile phone screen.

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V8 Supercharger

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Hello all

Abit stuck here and im not too sure if what im being told is the truth or the shops way of trying to get rid of me.

But iv had a Samsung Galaxy S4 for over a year now with no problems, then recently the dreaded happened whereby the screen cracked :doh:

Anyways, got a replacement screen put in at the shop, went away and noticed that a couple of days later the screen stopped responding, nothing was happening when i tried to type something in.

Turned phone off, turned it back on, worked fine . . . . . for a day. Then the same thing happened again. It kept happening more and more over the course of the next few days until i then had to resort to taking the battery out to make it work. Then eventually it would not even work like that.

Now im quite busy with a lot of running around to do so i didnt get a chance to take it back to the shop until about 2 weeks later. I told them what the problem is and they agreed to look at it. They agreed the touch screen they installed is faulty but are refusing to change it because the supplier of the screen is claiming that it been too long since it was changed and now theres nothing they can.

I mean come on, TWO WEEKS, surely to god i must have longer cover than that? The shop has said that its too long and the supplier wont cover it, so they've given the phone back, but i refuse to believe that i paid £150 for something that only lasted 2 days and now theres nothing i can do.

Are they right, or am i just being blagged??? :confused:
 
You're being blagged. The replacement was not of merchantable quality and not fit for purpose under the Sale of Goods Act, so it should be replaced by the retailer. The supplier's issues have nothing with you. If the retailer doesn't replace it, get a quote for a repair elsewhere and issue them with a demand for payment via money claim.
 
You're being blagged. The replacement was not of merchantable quality and not fit for purpose under the Sale of Goods Act, so it should be replaced by the retailer. The supplier's issues have nothing with you. If the retailer doesn't replace it, get a quote for a repair elsewhere and issue them with a demand for payment via money claim.

Easier said than done, as iv already told them that i should have something along the lines of 28 days should anything go wrong, or even a bit more in the way of a warranty. But they've just shrugged their shoulders and said these rules dont apply to phones, phone parts and accessories.

He even said i could buy the same phone from Argos or Tescos and even they wouldnt take it back 2 weeks later if it had the same problem. Im pretty sure i know things are not that bad around mobile phones.

I really dont want to, but is there anyone i can go to or quote something in a letter if i have to send one to them?
 
The rules apply to all durable goods.

Just quote 1979 Sale of Goods act requirement for the goods to be of merchantable quality and fit for purpose. Require them to replace the screen within a reasonable time and if they don't, do what I said earlier.

That's really it. Anything they've said contrary to this is BS.
 
The rules apply to all durable goods.

Just quote 1979 Sale of Goods act requirement for the goods to be of merchantable quality and fit for purpose. Require them to replace the screen within a reasonable time and if they don't, do what I said earlier.

That's really it. Anything they've said contrary to this is BS.
What Charles says..:D
 
As above.

A company's T&C are nice-to-have enhancements to your statuary rights, but can't replace them.

Don't mention their shop warranty which is irrelevant here anyway, just quote what CM said.
 
Many companies will ignore customer complaints, drag them on forever or just plain lie when you are dealing with an issue one to one.

However, if you go public with it on twitter, facebook, Trustpilot or similar sites there will be an instant change in attitude & they will bend over backwards to avoid bad publicity.

Try it.
 
You mention £150 and I'm not clear to what that pertains. Was it for the repair? I ask as a new s4 can be had for £225, so that seems rather a lot for a repair, if that's what it was for.
 
Many companies will ignore customer complaints, drag them on forever or just plain lie when you are dealing with an issue one to one.

However, if you go public with it on twitter, facebook, Trustpilot or similar sites there will be an instant change in attitude & they will bend over backwards to avoid bad publicity.

Try it.

A friend just got his clutch changed for free by VW 1 week after a Facebook complaint. Prior to that he had battled with them for 7 weeks that it hadn't lasted a reasonable life. Failed at 45,000 and 2 years old on his Passat.
 
If you have no luck, I'd go down the route of Trading Standards. Whilst they are only a "complaints handler", businesses respect them as if they have authority and power, and usually uphold complaints of this manner. If they do not, Trading Standards can then usually provide you with the evidence to say that you have tried all means before taking legal action; naturally being a last resort option. Failing that, if you paid by credit/debit card, contact your card issuer to see if they are able to help. If you paid by credit card, you have more of a chance of winning against them, under section 75 of the consumer credit act 1974. Hope this helps.
 
+1 for Charles Morgan's advise. You are being blagged and fobbed off.

Quote the Sale of Goods Act and stand your ground.
The CAB can advise you next step if the shop won't budge.
 
1. Up to trader to sort NOT manufacturer of the screen, shops love to try and deflect from their liability.

2. Up to trader to prove parts were fit for purpose within first 6 months...good luck to them if they have already acknowledged parts are knacked. Reverse burden applies outside of 6 months.

Did you pay by credit card? May possibly have recourse via the credit card company as they are jointly and severally liable to the extent of any statutory breach by the retailer/trader (must have paid at least £100 to qualify for this protection - don't be fobbed by credit card company starting a Visa or MasterCard dispute resolution query, takes ages and you end up at the same point retailer/trader saying nothing to do with them!).

Nothing to be proud of but I've sued 2 businesses now joining the bank/credit card issuer as 2nd Defendant. Each time it's settled before final hearing with full money back. Same credit card company just wish they would accept when I say I'm going to do something I will.

I'd say all boils down to how reputable a business you are dealing with. If they are clowns sadly I suspect you will get nowhere unless you are prepared to escalate matters.

Good luck either way.
 
Charles Morgan is 100% correct.

Trading Standards are your friends. Failing that just ask if they would like to comment on the Google article you will be writing about them.
 
For £150 to change the screen and digitizer I would hope they used a genuine samsung one, but still seems expensive to me

My guess is they have used a cheap copy part which has failed.

If the supplier only gives the shop less than 2 weeks warranty then that's their problem, besides your repair is with the shop and not their supplier.

Don't let them get away with ripping you off and then fobbing you off with a substabdard repair!
 
For £150 to change the screen and digitizer I would hope they used a genuine samsung one, but still seems expensive to me

My guess is they have used a cheap copy part which has failed.

If the supplier only gives the shop less than 2 weeks warranty then that's their problem, besides your repair is with the shop and not their supplier.

Don't let them get away with ripping you off and then fobbing you off with a substabdard repair!

Yup....me too.
 
Was the repair shop a reputable Samsung Approved Repairer?
Was the screen replacement a genuine Samsung part?

The way I see it is,
You had a broken screen.
It was fixed.
The replacement screen is faulty, if it’s a genuine Samsung screen then Samsung may repair it.

Call them and state your case, see… Helpline & Contact | Samsung UK

Dec

Edit;
Product Assistance
Technical Phone Support

UK - 0330 SAMSUNG (726 7864)
EIRE - 0818 717100
Overseas - +44 (0)1932 454358

0330 numbers cost the same as calling a landline.

Opening hours:
Monday - Saturday | 9am to 6pm
(including bank holidays)
Technical Email Support
Email us
 
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You mention £150 and I'm not clear to what that pertains. Was it for the repair? I ask as a new s4 can be had for £225, so that seems rather a lot for a repair, if that's what it was for.

For £150 to change the screen and digitizer I would hope they used a genuine samsung one, but still seems expensive to me

My guess is they have used a cheap copy part which has failed.

The £150 was to supply and fit a screen and digitizer. Apparently a genuine Samsung one as cheap copies of these screens are not available. :confused: I did ring a few places up and this was the average price.

Unfortunately i paid cash, but i did get the feeling that they were trying to pass blame on to the suppliers.

I only went there as they are friends of a friend, but i suppose that means nothing the second something goes wrong. I went down to see them again today, and again got the same story, but this time with a slight added twist of "leave it with us and we'll see what we can do in the next couple of days".

Hopefully that means they will come to their senses and replace it, but if nothing is done by Thursday then unfortunately Trading Standards it is.

The value of the phone itself is besides the point, if i had messed the screen up again then i would have had to pay again, simple as that. But they've just supplied me with a faulty one and dont seem to care too much about it. :mad:
 
Was the repair shop a reputable Samsung Approved Repairer?
Was the screen replacement a genuine Samsung part?

The way I see it is,
You had a broken screen.
It was fixed.
The replacement screen is faulty, if it’s a genuine Samsung screen then Samsung may repair it.

Thanks for the contact details, the screen is apparently genuine Samsung as thats all thats available for these phones, but the shop is far from Samsung Approved. Dont know if they would uphold it for that reason.

And i could ramble all i want on facebook, twitter, google etc etc but i dont think they would care too much about that to be honest.
 
Small claims court then iff you cannot reaso with them.

Open and shut case from what you say.
 

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