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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 iPhone 6 from 02 took it home as I attempted

Customer Question

I purchased a iPhone 6 from 02 took it home as I attempted to take it out of the box it fell to the floor and the screen smashed despite having a screen protector which I paid extra for.
I returned the phone to the store stating it was not fit for purpose as one would expect it to be if durable quality they have refused to replace the phone or give a different phone of more durable quality I am now stacked with a increased monthly payments and no phone as I left it in the shop as I refuse to accept it and they are refusing to accept it also
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** i will help you with this.

Did they tell you that it would not smash if you had the protector?

Customer: replied 1 year ago.
No they did not say that, they only said I should have taken accidental cover at a cost which I refused
Expert:  Ash replied 1 year ago.

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
I understand that, and it what I thought, so the shop had no right to refuse my returning the phone as not fit for purpose
Expert:  Ash replied 1 year ago.

Correct, they are in breach of the Consumer Rights Act 2015

Does that clarify?

Expert:  Ash replied 1 year ago.

If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance and good luck.

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