# Carphone Warhouse refund



## roker (17 Jun 2009)

I am acting on behalf of my granddaughter who is 14 yrs of age

This is awarning to other customers, they are not following the consumer legislation. 
She is complaining about the service that she received from Carphone Warehouse.

I purchased a mobile phone 18th Nov 2008 and returned it faulty 25th Nov when it was replace.
I returned it again faulty on 14th Jan and it was replaced
I returned it faulty on 7th March and it was repaired.
I returned it faulty 17th June for a refund which was refused.
I have contacted customer services who refuse to give a full refund, and say it is there policy only to give refunds in the first 28 days and they will repair it again.
I am now in possession of a phone that will not work. after returning it 4 times.

I have also taken out extra insurance from Carphone Wharehouse, they say this is just for breakages.
Their records are also incomplete.


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## Helen (17 Jun 2009)

I had similar experience with them 2 years ago:-

http://www.askaboutmoney.com/showthread.php?t=22288&page=2

It took persavtion & emails to the CEO but I did evenutally get the refund - let us know how you get on! 

Helen


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## emaol (17 Jun 2009)

Having worked at the coal-face of mobile phones a while ago, the fact that the OP's grand-daughter has had 3 separate phones with faults would beg the question, is the grand-daughter doing something wrong?
Would be interested to hear if it is the same fault every time?


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## roker (17 Jun 2009)

Same fault everytime, looks like a software fault because there is only half a screen display, she never had this problem with her previous phone. The question I would like answered is: how many have been returned with this fault? It's quite difficult to damage a mobile phone, I have dropped mine a couple of time and it still works, if it was external damage then the insurance would cut in.


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## Brendan Burgess (17 Jun 2009)

Folks

I have had to delete defamatory posts on this thread.

Please stick to the facts. And avoid emotive language.

Brendan


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## galleyslave (18 Jun 2009)

I had a problem similar to this with carphone warehouse also. 
same rubbish excuse. Stick to your guns, ask for supervisors etc and know and quote the relevant legislation. I eventually got a refund on the basis that they no longer sold a like for like product, but in my experience their "customer service" is designed to frustrate, fob off and ultimately wear down the customer to the point they give in.

I wouldn't spend a penny there...


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## colm (18 Jun 2009)

In my opinion The Carphone Warehouse seem to have no problems infringing your rights when it comes to returning faulty goods. I had this out with them a while back regarding a faulty iTouch. They tried to insist on me dealing directly with Apple.
After escalating the issue & a letter from my solicitor telling them the contract is between the buyer & the seller (not the manufacturer) they eventually backed down.


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## oakrise (18 Jun 2009)

I had a terrible problem with them in the past and will never go near them. I bought a top up from one of their machine in Dunnes store in Stephen Green shopping centre, I just grabbed the slip and ran so as not to miss my 25x bus, getting on the bus to top up, I realise the suppose top up isnt but a card with some maintenance instruction, went back to Dunnes and was to told to contact them directly which I did, the manager rang me back and was threatening me with all sort, that I must have been trying to open the machine in order to get such card. It was a very messy experience and I was so upset for a long time. A week into the case the machine was removed from the store, I guess more people must have had the same experience. Good luck and let us know the outcome.


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## roker (18 Jun 2009)

I have looked at the Insurance policy and it states "Breakdown Cover", so they are not even honouring their policy which cost €20 extra.


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## shesells (18 Jun 2009)

I had my phone wiped without being told when my 3 month old phone went in for repair in the CPW. It took me a number of calls and a meeting with the manager but I got money back to cover my lost ringtones, games etc. But it the success varies hugely from branch to branch....I've also had a nightmare experience with another branch since.


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## ajapale (12 Jul 2009)

Mod bump


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## meteor (6 Aug 2009)

Was it a Samsung L310 by any chance? I am having problems with mine, has been repaired and broken again. I have asked for a refund and they have refused. I have written a letter of complaint reminding them of my rights under the sale of goods act and await a response. Will let you know how it goes. I am prepared to go down the small claims route if necessary.


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## roker (6 Aug 2009)

Yes Samsung L310, It looks like they have a bad batch of these. Have you the same fault, half a screen display?
They have a policy of no refund.


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## johnny1234 (8 Aug 2009)

roker said:


> They have a policy of no refund.




This was the point I was trying to make before I got temporarily banned. This company do not wish to abide by the Sales of Goods Act in this country. There arev a heap of complaints against them and whilst the consumer might be correct, they more often or not are delayed in action due to some small point been brought up in a case.


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## annet (8 Aug 2009)

Under the *Sale of Goods and Supply of Services Act 1980*, anything you buy from a retailer must be: 

<LI class=style8>of merchantable quality <LI class=style8>fit for its normal purpose, and reasonably durable 
as described, whether the description is part of the advertising or wrapping, on a label, or something said by the salesperson.
When you buy goods from a retailer, you make a contract with him. He agrees to provide certain goods to you for a certain price. If your purchase turns out to be faulty, the retailer, not the manufacturer, is responsible to you and must sort out your complaint. You are entitled to a refund, a replacement or a repair.
You do not have to take a credit note if your complaint is covered by the Sale of Goods Act. You can insist on a refund, a replacement or a repair. 

If you have a genuine complaint about faulty goods, you can ignore shop notices such as 'No Refunds' or 'No Exchanges'. Such notices cannot take away any of your statutory rights under the Sale of Goods Act.

To the original poster, I would send in a letter of complaint to the retailer from whom you bought the mobile phone.  As previous poster said, I would also document your rights under the consumers Act - and the process you went through in relation to getting the mobile fixed.  

I would give them 21 day's documented notice that you wish a full refund otherwise your intention is to take them to the small claims court.  This is an inexpensive process - which can be done online and only costs 15 euros.  You do not need a solicitor either.


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## roker (8 Aug 2009)

I have written a letter to both of their offices 6 weeks ago, they did not have the courtesy to reply, they only phoned me up I told me I need to have another two repairs before they will replace it. As it has been replaced twice I do not see any point. They seem to be able to get away with this practice what ever the law states, I also applied to the small claims court 6 weeks ago and have not heard any more.


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## bond-007 (8 Aug 2009)

You need to chase it up with the court clerk.


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## roker (15 Aug 2009)

I have actually received a refund including the insurance. What is annoying is that they did not offer this until they received the court notice, they made us wait all this time, we are still out of pocket because of Small Cl;aims application, postage telephone calls. They said that they will consider this a concession because there is a known fault with these phones. (no apology) They have their 28 day rule on display in the shops. How are they allowed to get away with it?


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## mercman (15 Aug 2009)

roker said:


> How are they allowed to get away with it?



They do and shouldn't be allowed get away with it. I have had similar issues with them. The best thing you could do for many thousands of people is write to the Consumer Affairs office outlining your happenings and the notoice they have in their stores which is illegal.

They simply cannot adopt their own rules when retailing in Ireland simply because they do not like the sales laws of this country.


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