# eMobile.....dodgy phone they won't exchange



## Squonk (10 Jun 2013)

I signed up for one-and-a-half year contract with eMobile and paid €129 for a fancy new phone. After using for 5 weeks the phone stopped charging up.
Sent off to be fixed, which took 2 weeks. The battery was replaced.
Got the phone back and it's still not fixed ......it's charging only intermittently.

Went back to the eMobile shop and they say the phone needs to be sent away again to be fixed . I say no way and that I want to exchange the phone. They say they can't exchange it without it being sent to be analysed. I say it's a dud. They tell me they could have exchanged it if the fault happens within 28 days.

Do I have any rights here?

Can I just cancel my contract and send the phone back to them (and get reimbursed)?

Thanks for any insights.


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## Squonk (10 Jun 2013)

Update: I got in touch with eMobile customer service. I can cancel the service but it will cost me ~€700 i.e. my full outlay for the service for the remainder of my contract. They tell me that if I cancel my direct debit they will pursue me through a debt collection agency.

This is terribly poor customer service. Between eMobile and Eircom I am paying ~€100 a month to them and am being treated very shoddily. As my wife says, if she bought a dress in a shop and buttons started falling off after a month any shop would replace the dress. Anyway, I need to find a quiet place and calm down....


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## 44brendan (10 Jun 2013)

I'm no expert on consumer rights but given the circumstances outlined in your post, you must have a case for a properly working replacement phone. Situation as applied to the dress should also apply to any product. I certainly wouldn't accept that kind of service as being fair to the consumer!


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## vandriver (10 Jun 2013)

Read this link:
http://www.nca.ie/nca/faulty-goods


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## Sol28 (10 Jun 2013)

I had a problem with my HTC Desire - 16 months after I bought it - a software update was pushed out by Vodafone - This caused the phone to overheat and reboot a lot. I returned it 3 times for repair (out of guarantee - but the software update was known to cause that problem). On the third time I wrote to head office (on paper - not an email - complaints have to be handled differently for written complaints). Eventually they replaced my phone with a brand new one of a different Make and Model - of my choice.

The shops and support desk were useless - After showing evidence of following up the complaint - go to head office.


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## Squonk (10 Jun 2013)

Thanks for the feedback. I was in touch with NCA and they tell me that my statutory rights outweigh store and company policy. The store should give me a refund. Looks like I need to start writing letters...


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## Sandals (10 Jun 2013)

Squonk said:


> As my wife says, if she bought a dress in a shop and buttons started falling off after a month any shop would replace the dress.



The shop is open to a repair firstly in the case above and quite a few times as far as Im aware. 

Your suffering from Consumer Frustration. Iv had it quite a few times!!

As far as Im aware you are entitled to a replacement/refund immediately as your fault leads you to having lost faith in the item. Persist in your dealings, keeping all dates, letters, phonecalls etc.


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## emeralds (10 Jun 2013)

What you do is go back to the shop and ask for a new phone or a refund. When you are refused begin to speak in a loud assertive tone. Refer to the Sale of Goods Act..turn to other people in the shop while you are making your point...worked for my sister in a phone shop about 2 months ago!! They couldn't get her a new phone fast enough!


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## Sue Ellen (10 Jun 2013)

I found the Small Claims Court put the skids under Vodafone and they offered refund.


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## Squonk (10 Jun 2013)

emeralds said:


> What you do is go back to the shop and ask for a new phone or a refund. When you are refused begin to speak in a loud assertive tone. Refer to the Sale of Goods Act..turn to other people in the shop while you are making your point...worked for my sister in a phone shop about 2 months ago!! They couldn't get her a new phone fast enough!


 I tried that! No luck. The shop told me that it was out of their hands no mater how much I freaked out. Customer service at eMobile are saying the same thing. Maybe this thread might put the skids on them....


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## vandriver (11 Jun 2013)

Squonk said:


> I tried that! No luck. The shop told me that it was out of their hands no mater how much I freaked out. Customer service at eMobile are saying the same thing. Maybe this thread might put the skids on them....



Small Claims Court seems like the way forward then.


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## Leo (11 Jun 2013)

Squonk said:


> I tried that! No luck. The shop told me that it was out of their hands no mater how much I freaked out. Customer service at eMobile are saying the same thing. Maybe this thread might put the skids on them....



Read the NCA article a little more closely. It states that any repair carried must be 'permanent'. It seems here, the fault is still present, so you are 'entitled to a replacement or refund.'

Perhaps print out that entire guide and bring it with you, or better still, put your complaint in writing. You should keep records of all interactions, it'll support your cause should you need to go down the Small Claims route.


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