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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Dear Solicitor...Thank you time...My problem is

Customer Question

Dear Solicitor...
Thank you for your time...
My problem is this :-
I bought a new Samsung model 7 mobile phone from Mobilephonesdirect which I received on the 21st March. It was a few days before I had time to open the package and to set the phone up for use. I ran into trouble immediately. Using The Quick Start guide it was all very straight forward except when I insert the ejection pin in to the hole on the tray to loosen the tray, the tray shot out over my shoulder and onto the carpet and without thinking I inserted the sim card into the phone. When the phone did not register the sim card I realised my error. I checked and searched my floor and could not find the piece which had flown from the phone. I telephoned MobilePhonesDirect and asked for their help in getting the phone repaired. They told me they could not except the phone back and that I should go to an EE shop (who I have an account with for the phone) I contacted EE online and they told me to go to any EE shop and the mobile phone would be repaired for free. At an EE shop, the assistant told me they could not accept the phone because I had not bought it from them directly, but he did advise me to take it to a Samsung shop who would repair it for free. At the Samsung shop, I was told a repair would cost me £215. I contacted my insurance who advise me that my phone should be repaired under warranty and that I should contact Mobilephonesdirect...everyone telling me different advice...who is right ? What are my rights and what can I say to Mobilephonesdirect that will get their attention so that they don't fob me off....most grateful for any advice you can give....thank you....Nigel.
Submitted: 9 months ago.
Category: Law
Expert:  Ash replied 9 months ago.
Hello Nigel my name is ***** ***** I will help you. How much did you pay for the phone and how did you pay for it, ie credit card? Alex
Customer: replied 9 months ago.
I have just paid £48 and I am still waiting on an answer...how many solicitors do I have to pay ?
Expert:  Ash replied 9 months ago.
I have asked how you paid for the phone please?
Customer: replied 9 months ago.
I am on a monthly plan with EE - about £34 per month on a two year contract
Expert:  Ash replied 9 months ago.
Ok - it is the retailers responsibility Mobilephonesdiirect.It is NOTHING to do with EE whatsoever. Mobilephonesidirect MUST replace the phone.Under the Consumer Rights Act 2015 you are entitled to a replacement from them.Do NOT be fobbed off or told anyone OTHER than Mobilephonesidrect should replace it.Can I clarify anything for you about this today Nigel?Alex
Customer: replied 9 months ago.
Well I cant seem to get pass Mobile Phone direct telling me they will email me a proof of purchase certificate which I must take to a Samsung shop and Samsung will repair the phone under warranty...this is incredibly distressing for me because I know they are not telling me the truth
Expert:  Ash replied 9 months ago.
Its NOTHING to do with Samsung. Mobile Phones Direct MUST MUST MUST replace it for you.If not you can seek a full refund.Does that clarify?Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 9 months ago.
Thanks Alex...
The point is that even though you gave me the correct answer it hasn't made the slightest difference to the retailer who continues to refuse to take the phone back from me...so I am being billed by EE for a phone that doesn't work and which would cost me £215 as quoted by Samsung to have repaired. So I can either spend loads of money on a Solicitor to have MoiblePhonesDirect fulfil their legal obligations or just pay to have the phone repaired.
Kind regards
Nigel
Expert:  Ash replied 9 months ago.
You now need to issue proceedings as I indicated above. Alex
Customer: replied 9 months ago.
"Issue proceedings as I indicated above" Presumably you mean I put into writing a form of complaint to MobilePhonesDirect and hope they respond in my favour...
MobilePhonesDirect sent me a "proof of purchase" receipt by email which they told me to take to Samsung to have the phone repaired under warranty. I did so about two hours ago. They told me what I anticipated they would say based on the information you had given me. The phone does not fall under their warranty rules although they acknowledge that if the phone tray flew out when the injectin pin was inserted without undue force as I had described then the phone sent to me came with a defect. Although I acknowledge with my hands up that I inserted the sim card into the phone, I would not have done this if the tray had operated as it was designed to. MobilePhonesDirect are just fobbing me off.
Expert:  Ash replied 9 months ago.
Issue proceedings as in a county court claim. You can do this online www.moneyclaim.gov.uk. Mobile phones direct are liable, no matter what they say. Does that clarify? Alex
Customer: replied 9 months ago.
Dear Alex W...thank you kindly for the link www.moneyclaim.gov.uk...I was wondering how I should initiate proceedings. Do I need to write a letter first to mobilephonesdirect to give them one last chance to resolve this ? Thank you...
Expert:  Ash replied 9 months ago.
Yes write and give them 14 days to pay up, or say you will go to Court. Then you can issue proceedings. Alex
Customer: replied 9 months ago.
Thank you Madame...my last thought on this is that I have not paid MobileDirect any money for this phone...presumably they would get reimbursed in some way from my monthly payment plan account which I have with EE - I have one phone with them already and have been a customer of theirs for almost ten years (first T'mobile and now EE). I don't wish to murky the issue but do I infact have a contract with them for this particular phone and should they be charging me for a product that doesn't work...?
Thank you again. Because you have provided me with speedy answers and I like the simplicity of this website, I will be signing up for the 7 day free trial/£47 a month once my new bank card arrives. Should be here tomorrow, but I am very grateful for your help in the meantime...
Expert:  Ash replied 9 months ago.
No, you get the cost of replacing or repairing it. Even though it's free that item has a cost. What would it cost to replace? That is your loss and claim. Does that help? Alex

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