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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I recently had my screen fixed on my mobile phone. The repair

Resolved Question:

I recently had my screen fixed on my mobile phone. The repair company arranged for the phone to be collected by UPS the following day. The repair was supposed to be done within 72hrs. A week later, no phone or contact from the repair company, i rang them. They managed to send me an invoice which was to be paid before they returned the phone. The invoice was incorrect. I rang them again, they amended the invoice and i paid. The phone was returned, the repair is guaranteed for 1 year. The very next day, it was apparent the screen was not properly attached to the phone as the screen click in and out in 1 corner of the phone. I ring them again. I am advised to email them. I emailed them. They replied that they could not be sure that this was their responsibility, but if I wanted to pay for the phone to be posted back to them they would consider if it fell within their warranty guidelines. I have already paid these people £167.00 to fix the screen and it is blatantly not fixed. I rang them again sugessting they should arrange to have the phone recollected but they said it is not their responsibility and the manager has refused to speak to me regarding this. Due to all the problems i have encountered so far, i am reluctant to now pay any more money to this company to have it properly fixed; what happens if the same thing happens again, am i now duty bound to keep on paying and phoning them at my own further expense for a job they have failed to do correctly in the first place. Where do i stand legally with this, surely the repair company has a responsibility to honor actually fixing my phone so that it lasts a reasonable length of time. Please advise.

Kindest Regards

Jane Grant
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask how you paid for the work please - e.g. credit card, bank transfer etc?

Customer:

Credit card

Joshua :

Thanks.

Joshua :

Your agreement has terms implied into it by virtue of the Supply of Goods and Services Act that the work carried out must satisfactory and fit for purpose and as agreed and any materials supplied in the course of their work must be of satisfactory quality and carried out within a reasonable time or within the timescale agreed. During the first six months, any faults are automatically assumed to be inherent as opposed to having been caused by damage or otherwise under the provisions of the Sale and Supply of Goods to Consumers Regulations 2002. After the first six months, the burden of proof switches to you to show that any faults are inherent as opposed to having been caused by damage. The work must be completed within the timeframe agreed or if no timeframe was agreed within a reasonable period of time.

Joshua :

Under these rights you can insist upon a repair or replacement of any faulty workmanship or materials the contractor has supplied at their discretion. This right last for up to six years under the Limitation Act against the contractor though will be limited to what is reasonable given the life expectancy of the work carried out. You are required to give the contractor reasonable opportunity to repair or replace. There is no specific prescribed number of times that you must must not allow them the opportunity to do so however if they have failed to repair the same more than two-three times or refuse to repair the same this would usually be held to be satisfactory opportunity to do so and you would be within your rights to instruct an alternative contractor to quote to remedy the matter and look to the original contractor for the cost.

Joshua :

From what you say you have offered the contractor the opportunity to repair the same; you are no liable to pay postage costs if there is a fault with the work as the law requires that you should not be out of pocket for any repairs. You may elect to pay the cost of postage and then claim it back from them but there is no obligation to do so.

Joshua :

You may consider contacting the contractor referring them to the above legislation and advising them that you are offering them a final opportunity to rectify the work as above. If they fail to avail themselves of the opportunity you will ask an alternative contractor to carry out the work and look to the for the cost by way of either a) a chargeback with your card provider and/or b) a small claims claim in the county court.

Joshua :

if they continue to refuse to carry out the repair, you can consider contacting an alternative contractor to repair the phone. Ideally you would obtain two quotes and use the cheaper. You can look to the original supplier for the additional cost.

Customer:

Is going through the courts going to cost me time and money?

Joshua :

In terms of reclaiming monies, you can contact your credit card provider to issue a chargeback under the VISA/Mastercard rules. Under these rules the card issuer can reclaim monies on your behalf if you are unsatisifeid with the service provided. There is no charge for their service.

Joshua :

If you find that another contractor is more expensive that the original you may have to claim the balance back through the small claims court. This is not expensive and can be issued online. You can claim back costs and interest if you are successful though hopefully you would be able to pursue it through your credit card alone.

Joshua :

Is there anything above I can clarify for you?

Customer:

Thank you so much for your advice, i think i have have enough legal info now to sort this out.

Joshua :

A pleasure. If I can assist any further as the situation develops please do no hesitate to let me know.

Customer:

Ok, thank very much. Kindest Regards. Jane

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

Customer:

No problems, an excellent service. Even though I kind of knew this was the case, i just wanted clear clarification before getting back in touch with the repair company. I will definately get back if i have any further issues regarding this matter. Thank you. Jane

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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