Three sells faulty phone, refuses to exchange

On 23rd December, I bought a Sony Ericsson W660i from a local Three shop. It turned out to be faulty - the charger didn't work, and when under pressure the Three shop gave me a working charger (they insisted they didn't have to) I didn't seem to be able to do anything with the phone while it was charging - I switched it on several times and got nothing but a "Charging" message.

Worst of all, inside my home, I can't use it: although the bars say it is receiving a full signal, the phone screen says "Emerg. calls only". (For obvious reasons, I haven't checked to see if it really *is* emergency calls only.)

I rang their helpline (on my old mobile, and then on my landline) and got a very helpful guy who ran some troubleshooting checks for me and said it looked like that I had was a faulty phone.

I took it back to the shop on 31st December, and they claimed they didn't have to replace it even though what I was asking for was a like-for-like exchange within the 14-day cooling off period. They offered to send it away to be repaired after New Year, which would mean I'd get it back just after the 14-day cooling off period is over (unless you allow for the non-working days of Christmas and Hogmanay - I'm in Scotland).

The helpline guy called me back as promised today, listened to what I had to say, and went into bland "no comment" mode, which didn't surprise me: I had started quoting the Sale of Goods Act 1979.

My questions are:

Surely it's still the law that if a company sells faulty goods they have to replace it or refund within 30 days?

Surely it's still the law that I have 14 days to change my mind about a mobile phone supplier, and one of the valid reasons for rejecting a contract is that I can't get a signal at home?

I presented those options to the Three helpline - that if they wouldn't replace the faulty phone, I could certainly still cancel the whole contract, and he claimed promptly that I couldn't. (The shop's attitude has been that I'm stuck - the phone is faulty, too bad, I should send it off for repair.)

I haven't yet ever been able to use this phone at all.

just making a not so pointless post to let you in on some of the forum FAQ since you didn't bother to read:

Thank you for your helpful reply: I appreciate your taking the time to respond to my question.

> Surely it's still the law that if a company sells faulty goods they
> have to replace it or refund within 30 days?
>
> Surely it's still the law that I have 14 days to change my mind about a
> mobile phone supplier, and one of the valid reasons for rejecting a
> contract is that I can't get a signal at home?

Not helpful to you but no signal at home *isn't* an acceptable reason to
return a phone according to their T&Cs, they disclaim any guaranteed
coverage anywhere specifically.

You don't have to use that as the reason to return it though - if you
*have* to give a reason, pick another

> I presented those options to the Three helpline - that if they wouldn't
> replace the faulty phone, I could certainly still cancel the whole
> contract, and he claimed promptly that I couldn't. (The shop's attitude
> has been that I'm stuck - the phone is faulty, too bad, I should send it
> off for repair.)

I had a PAYG Skypephone (twice) which I tried, had no signal at home,
and returned (the second to check that the first wasn't faulty and that
there really *was* no signal here). I bought the first via the website
and the second from a 3 store in London. Both were accepted as a return
without any problems - so easily in fact that I wrote to them afterwards
to congratulate them.

Perhaps it's more to do with the person you're speaking with than it is
the company's policy? Maybe try going back when it isn't busy and the
people in the shop don't see dealing with you as time lost selling new
phones to others and lost commission?

> I haven't yet ever been able to use this phone at all.

That may put you in a better position - certainly with PAYG they were
far more willing to accept the phones' return if they'd not been used.

On Wed, 2 Jan 2008 07:32:54 -0600, Jesurgislac
<Jesurgislac.32kc0g@nospam.cellphoneforums.net> wrote:

>
>On 23rd December, I bought a Sony Ericsson W660i from a local Three
>shop. It turned out to be faulty - the charger didn't work, and when
>under pressure the Three shop gave me a working charger (they insisted
>they didn't have to) I didn't seem to be able to do anything with the
>phone while it was charging - I switched it on several times and got
>nothing but a "Charging" message.

They insisted they didn't have to ? What sort of crap is that they
were telling you .Of course they do .That's the least they should do .

>Worst of all, inside my home, I can't use it: although the bars say it
>is receiving a full signal, the phone screen says "Emerg. calls only".
>(For obvious reasons, I haven't checked to see if it really *is*
>emergency calls only.)
>
>I rang their helpline (on my old mobile, and then on my landline) and
>got a very helpful guy who ran some troubleshooting checks for me and
>said it looked like that I had was a faulty phone.
>
>I took it back to the shop on 31st December, and they claimed they
>didn't have to replace it even though what I was asking for was a
>like-for-like exchange within the 14-day cooling off period. They
>offered to send it away to be repaired after New Year, which would mean
>I'd get it back just after the 14-day cooling off period is over (unless
>you allow for the non-working days of Christmas and Hogmanay - I'm in
>Scotland).
>
>The helpline guy called me back as promised today, listened to what I
>had to say, and went into bland "no comment" mode, which didn't surprise
>me: I had started quoting the Sale of Goods Act 1979.
>
>My questions are:
>
>Surely it's still the law that if a company sells faulty goods they
>have to replace it or refund within 30 days?
>
>Surely it's still the law that I have 14 days to change my mind about a
>mobile phone supplier, and one of the valid reasons for rejecting a
>contract is that I can't get a signal at home?
>
>I presented those options to the Three helpline - that if they wouldn't
>replace the faulty phone, I could certainly still cancel the whole
>contract, and he claimed promptly that I couldn't. (The shop's attitude
>has been that I'm stuck - the phone is faulty, too bad, I should send it
>off for repair.)
>
>I haven't yet ever been able to use this phone at all.

If you want to be absolutely sure of your ground contact Trading
Standards ..Probably the Consumer Direct website will have info on
what to do .

In message <477bb696$0$21098$da0feed9@news.zen.co.uk>, Thunderbug
<thunderbug33@googlemail.com> writes
>
>> Surely it's still the law that if a company sells faulty goods they
>> have to replace it or refund within 30 days?
<>
Absolutely - contact your local trading standards.
>
>Perhaps it's more to do with the person you're speaking with than it is
>the company's policy? Maybe try going back when it isn't busy and the
>people in the shop don't see dealing with you as time lost selling new
>phones to others and lost commission?

I disagree. The absolutely best time to go in and discuss the issue of
them supplying a faulty charger and then phone and then refusing to
replace is on a busy Saturday. Ask to speak to the manager and then
discuss at high volume in front of as many potential customers as
possible.

--
dave @ stejonda

Now that's annoying, but helpful to know. OK. (The odd thing is, I seem to be able to receive signals: I can see all the signal bars. I just can't dial out on any non-emergency number, not even 333.)

Quote:

> I presented those options to the Three helpline - that if they wouldn't > replace the faulty phone, I could certainly still cancel the whole > contract, and he claimed promptly that I couldn't. (The shop's attitude > has been that I'm stuck - the phone is faulty, too bad, I should send it > off for repair.)

Problem is, I didn't get a PAYG phone - I signed a monthly contract, and as far as I can tell, their company policy adds up to: "You can't get out of the contract, so we don't have be nice to you."

I don't think so. The shop hasn't ever been busy any of the times I've been in - in fact once, I was the only customer in it, with six sales staff! The last time I was in, the member of staff I spoke to went off to talk to her manager, and came back to say that the manager's word was that it was company policy not to replace faulty phones they'd sold: I had to have them send it off to be repaired.

I hope so.

Thank for you that response! That was exactly my reaction - they tried to claim that the charger wasn't covered by the phone's warranty (which I suppose <I>could</I> be true if the charger is not actually manufactured by Sony - but it was certainly <I>sold to me</I> by Three.) The member of staff gave me the new charger with a very stiff "The manager says we don't have to, it's a goodwill gesture" message.

In message xj911.32kes0@nospam.cellphoneforums.net,
xj911 <xj911.32kes0@nospam.cellphoneforums.net> Proclaimed from the tallest
tower:

> just making a not so pointless post to let you in on some of the forum
> FAQ since you didn't bother to read:
> FAQ Wrote:
>> A trash or junk post is one that is of no use to the forum. Some
>> examples might be random keystrokes, a post that has nothing to do
>> with the thread or forum you've placed it in, series of smilies, or
>> posts that say little more than "Thank you" or "Cool tone.

Under which of that list is his post trash or junk then?

--
Regards,
Chris.
(Remove Elvis's shoes to email me)

BRILLIANT. Thank you.

He is probably referring to the 10 posts I made on for newbie forum "Getting-started-new-member-help" which WERE all pretty much trash or junk - I just wanted to make 10 posts in order to be able to ask this question HERE, where I thought I would get helpful replies. (Which I have, thank you all.)

>Now that's annoying, but helpful to know. OK. (The odd thing is, I seem
>to be able to receive signals: I can see all the signal bars. I just
>can't dial out on any non-emergency number, not even 333.)

Note that if you have signal bars but "emergency calls only" displayed then
those signal bars are referring to another network that is potentially
available should you need to make an emergency call. They don't represent 3
coverage.

xj911 wrote:
> just making a not so pointless post to let you in on some of the forum
> FAQ since you didn't bother to read:
> FAQ Wrote:
>> A trash or junk post is one that is of no use to the forum. Some
>> examples might be random keystrokes, a post that has nothing to do with
>> the thread or forum you've placed it in, series of smilies, or posts
>> that say little more than "Thank you" or "Cool tone.

QED.
Well done!

Jesurgislac wrote:

> My questions are:
>
> Surely it's still the law that if a company sells faulty goods they
> have to replace it or refund

Yes

> within 30 days?

No

> Surely it's still the law that I have 14 days to change my mind about a
> mobile phone supplier,

No, it never was. The Distance Selling Regulations allow you to return a
mail ordered item in resaleable condition within 5 working days. Not 14
days, and not if you bought it in a shop, which is what you said you
did. You buy it in a shop and that's that. Mail order is safer.

> and one of the valid reasons for rejecting a
> contract is that I can't get a signal at home?

Very definitely not, but it's the reason for some networks choosing to
offer the 14 day cancellation period. I guess 3 don't.

> I presented those options to the Three helpline - that if they wouldn't
> replace the faulty phone, I could certainly still cancel the whole
> contract, and he claimed promptly that I couldn't.

He is right. The contract stands regardless of the functioning of the
handset.

(The shop's attitude
> has been that I'm stuck - the phone is faulty, too bad, I should send it
> off for repair.)

I think you can expect it to be replaced, but legally they could choose
to repair it instead

> I haven't yet ever been able to use this phone at all.

I'd have a word with your local Trading Standards. It may take some time
to persuade them to help you, but as soon as they are on the case, the
dealer will change their attitude.

Jesurgislac wrote:

> Now that's annoying, but helpful to know. OK. (The odd thing is, I seem
> to be able to receive signals: I can see all the signal bars. I just
> can't dial out on any non-emergency number, not even 333.)

In that case I'm not so convinced it is the handset at fault. Have you
tried it in areas of good coverage? If so (and it didn't work), ask the
shop to try a working sim card in it (and maybe trying your sim card in
one of their phones)

Iain