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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 mobile telephone and was told that the signal

Resolved Question:

I purchased a mobile telephone and was told that the signal provided by EE was better than the one I had. I got home to find that I could get no signal. I referred to the sales outlet where I'd purchased the phone and they were quite helpful. They installed an 'App.' which they seemed confident would eradicate the problem. I did not! Again, I referred to the outlet and said that either the problem should be rectified or I would be looking to them to 'Unpick' the deal with EE, telling them that I was away for a few days and would expect the matter to be sorted out on my return. As the result of the to-ing and fro-ing I'm pretty sure that I'm well outside any cooling-off period. Can I still argue that the goods were not fitm for purpose?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Have they offered you an EE Signal box please?
Customer:

Hello Alex! No, one of the assistants installed an 'app' the emblem of which appears on the screen.

Alex Watts :

Ok - and you just want a refund and hand the phone back?

Customer:

I'm still quite flexible on the matter. All I really want is to escape from the contract with EE on the basis that the supplier does not give me a signal from my home address. I make about 60% or 70% from that location. As for the phone itself I don't think that there is a problem; but I ought to point out that one of the supplier's reps. drew attention to the slight marking on the phone.

Customer:

I can not trace a reply to my question that started with the words 'I'm still quite flexible on the matter...' There may be some misunderstanding as I've not used your service before. I would say (again) that I wouldn't mind keeping the phone PROVIDED I can get a signal to and from my home address from which I make 60/70% of my calls...Could I point out in passing that the dates on your correspondence are not correct; I suspect that they follow American usage which is both confusing and unacceptable....Perhaps I could take the opportunity of saving time by saying that IF I can not settle the matter amicably (and this is my hope) I would appreciate your guidance as to whether I would have a case under 'Sales of Goods' legislation and if so, what would be the appropriate section etc. Your help on this point would be very much appreciated. Thank you! Geoffrey Luckman.

Alex Watts :

Goods and Services must be fit for purpose, as described and of suitable quality under the Sale of Goods Act.

Alex Watts :

If not you have a limited time in which to return them, ie under 6 months.

Alex Watts :

If they refuse then you can issue County Court proceedings.

Alex Watts :

But I would first write to head office

Alex Watts : *****
Sunderland
Tyne and Wear
SR3 3XN
Alex Watts :

They will then investigate the matter.

Alex Watts :

If they refuse then you can take it to County Court, but I doubt it would get that far.

Alex Watts :

For more information on their complaints process please see:

Alex Watts :

http://ee.co.uk/content/dam/ee-help/Help-PDFs/T1460%20EE%20Complaints%20COP%20A4%20v2.pdf

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Many thanks! There is only one more thing. As a retired probation officer and one who had a basic knowledge of Civil Law I know how necessary it is to have an understanding (in brief) of the appropriate legislation; particularly as I'm very out of date.

Customer:

Many thanks! There is only one thing. As a retired probation officer and one who has a basic knowledge of civil law I know how necessary it is to have at least a brief outline of the relevant legislation; this is particularly true now as I'm very out of date. Many thanks!

Alex Watts :

Please see: http://www.which.co.uk/consumer-rights/regulation/sale-of-goods-act

Alex Watts :

Does that help?

Customer:

Thank you! This has been very helpful. I intend according you an excellent rating IF I can work this wretched machine! Geoff Luckman.

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