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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70519
Experience:  Over 5 years in practice
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Vodafone supplied my wife with a new iPhone. However, instead

Resolved Question:

Vodafone supplied my wife with a new iPhone. However, instead of supplying a model the same as her existing one, they supplied her a phone with half the memory, which made it unusable because she was unable to back up her data.
She was then at fault in that she put the new boxed phone in a drawer and forgot about. That was about 8 months ago. Having rediscovered the phone, brand new, never used in original packaging, I asked Vodafone to take it back and replace it with a phone with the correct memory, adding that I would pay any additional cost, and they refused point blank,stating their company policy was no exchanges after a period of one month.
I reminded them tha under the law, if a product is sold, and is unfit for purpose, the customer is entitled to a refund.
Can you please tell me who is correct.
Many thanks,
Ian Kirkwood
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
I am really sorry but I'm afraid if this was eight months ago then there is no realistic chance of acting against them.
If this was a distance sale then you did have an automatic right to cancel within 7 or 14 days depending on the dates of the contract. Unfortunately though, you are out of time.
On your sale of goods act point, that is of course accurate but not applicable. This is a perfectly good phone. It just not the best contract for her. There are no faults with the phone. In any event, you are outside the first six months of sale so the obligation would be upon you to prove any faults existed at the time of sale.
If you are a long standing customer then vigorously complaining may be effective. They will not want to lose your business.
I am afraid that in court they would win though.
I am sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo
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