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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32426
Experience:  Over 5 years in practice
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I did a early upgrade on line with Carphone Warehouse Paid

Customer Question

Hi i did a early upgrade on line with Carphone Warehouse Paid 268 pounds. when the phone came next day its was smaller than my original one wich is not very good for me with big hands and deteriorating eyesight. they will not let me give it back for a larger one,.
Assistant: Where are you? It matters because laws vary by location.
Customer: Chesterfield Derbyshire.
Assistant: What steps have you taken so far?
Customer: Been in touch with them they say they cannot do nothing because i waved my statutory rights for paying for early up grade.
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 6 months ago.
Category: Law
Expert:  Jim1079 replied 6 months ago.

Hello, thank you for the question.

Did you ask for a larger phone at the time of requesting the upgrade.

Under the Consumer Rights Act 2015 the product has to be as described and fit for purpose. If you stated you wanted a larger phone and they gave you a smaller one, you could argue breach of the consumer rights legislation and demand a refund or a replacement phone.

I look forward to hearing from you (I am just about to go out but will reply to your message this afternoon)

Kind regards,