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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I purchased a smart phone from Carphone Warehouse in Kidderminster,

Resolved Question:

I purchased a smart phone from Carphone Warehouse in Kidderminster, Worcs. on 9 Oct 2013. I was assured that I would receive an Orange signal where I live. I took out a 24 month contract for £26 per month. I cannot receive a signal at home. On 3rd December this phone ceased to work. I took it into Carphone Warehouse and asked for it to be replaced. This they refused to do and sent it away for repair. Having made numerous phone calls [on my house phone] and visits to them I eventually received a NEW phone on 7 January 2014, it took them 7 weeks to ascertain that it was unrepairable!!! I have visited Orange [who I have kept informed of proceedings] and they say that the Huawei phone is not compatible to their network. I cannot count the number of times I have requested that Carphone Warehouse cancel the contract because I am paying for and have been sold good which are not fit for purpose. I sent a letter to the branch in Kidderminster [recorded delivery] using a letter drafted by the CAB under the Supply of Goods & Services Act 1982 [as amended] on 10 March and apart from a brief phone call from the branch, have heard no more and the 14 days deadline to reply has now passed. What else can I do now please? Thank you in advance for any advice you can give. ps. I am a 67 year old lady who ives on her own and has had a stroke and need to carry a phone on me at all times at home in case of another episode. I also suffer from other medical problems. Mrs. Elaine Cassidy
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Have you written the Carphone Warehouse Head Office please?

Customer:

I was advised by the CAB to write to the branch where I purchased the phone as there is an acceleration process by proceeding this way. If you write to their H.O. the letter may be just filed away!

Alex Watts :

Have you contacted Orange yet at all?

Customer:

ps. The branch in Kidderminster informed me that their H.O. is aware of my complaint. I spoke to James the Manager who phoned me last week.

Alex Watts :

I assume you just want the contract cancelled?

Customer:

I had toyed with the idea of asking for a refund of all monies paid out but I would be satisfied if the contract can be cancelled ASAP. They can check how many phone calls I have made from this phone - very few- and those where made when out and about where I could actually pick up a signal. I cannot received the 3G network I was promised either at home or away from home. So technically I am paying for absolutely nothing. Thank you.

Alex Watts :

Right, have you written to the Carphone warehouse yet please?

Customer:

Yes I have. A handwritten letter dated 10 March and sent Recorded Delivery the same day! I have a copy and I also sent a copy to Orange who have acknowledged receipt and are interested in the outcome.

Alex Watts :

Have Carphone Warehouse replied?

Customer:

No, this I explained in my question. My letter gave them 14 days [as advised by the CAB] to respond and to date they have not.

Alex Watts :

Ok -

Alex Watts :

Then what you need to do is issue proceedings.

Alex Watts :

You need to complete form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

You need to take this to the County Court

Customer:

And how do I do this?

Alex Watts :

You are asking the Court for an Order that the contract be ended because of their breach

Alex Watts :

You will have to pay a Court fee of £175 but if you win this is added to the claim

Alex Watts :

A copy will be sent to Carphone warehouse

Alex Watts :

They can then defend it

Alex Watts :

The Judge will then list the matter for a hearing

Alex Watts :

If Carphone warehouse have not filed a defence then the Judge will just listen to what you have to say and decide whether to end the contract

Alex Watts :

If the matter is defended then the Court will listen to both sides and then make an Order

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Is there a number I can ring for the County Court or do I have to employ a solicitor? Can you advise if I stand a chance of winning with the information I have provided you with. I have copy invoices and dates and times I visited both them and Orange. I am an OAP who relies on small pensions to live and I cannot afford to take action if I have no chance of winning.

Alex Watts :

You dont need a Solicitor.

Alex Watts :

The County Court for you is at the Crown Court in Worcester.

Alex Watts :

Print the form, fill it in and take it there.

Alex Watts :

You may get fee remission if you are on a pension and may not have to pay the fee

Alex Watts :

Can I clarify anything else?

Customer:

I haven't got a printer - will the Court send me the forms if I ring them. Also, if, at any time in the future I have another question pertaining to this problem, do I have to pay you again?

Alex Watts :

Yes the Court will have the forms.

Alex Watts :

The Court counter at Kidderminster MAY have them but its a Magistrates Court

Alex Watts :

If it is related to this then you can ask me a further question

Alex Watts :

Can I clarify anything else?

Customer:

Okay , thank you very much. I shall do as you advise and hopefully get this matter resolved. It is unfortunate that I have to do this as the stress is not helping me, but I am determined to prove that they are at fault. Thanks again.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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