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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61762
Experience:  Qualified Solicitor
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I purchased s phone just over a month ago and it is not

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I purchased s phone just over a month ago and it is not working properly. I have taken it back to the shop and requested a new phone. They say they have to send it off to be repsired which will take two weeks. As i have had it more than 28days. Surly that cant be right?
Assistant: Where are you? It matters because laws vary by location.
Customer: England
Assistant: What steps have you taken so far?
Customer: I bought it on line. I phoned to complain. They tolf me to go to the local shop which i have done this afternoon and the abovr is what was stated but i cant be without a phone for two weeks.
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Customer: replied 9 days ago.
Ok

Is it a manufacturing fault?

Customer: replied 9 days ago.
I guess so

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 9 days ago.
I did not agree to paying for z return call . The option for a call back came before the agreement to pay. This is a deceptivr websitd and i dont expect to find money taken from my credit card.

Don’t worry about the pop-up mentioning a phone call – this is an automatic offer made by the system, giving you the opportunity to pay extra to discuss things over the phone. However, it is entirely optional and if you just ignore it and close it down you will not be charged extra and we will just continue in writing at no extra cost.

When a consumer makes a purchase from a business seller, they have certain 'statutory' rights under the Consumer Rights Act 2015, which states that the goods must be:

· of satisfactory quality – they must not be faulty or damaged when received

· as described – they must match any description given at the time of purchase

· fit for purpose – they should be fit for the purpose they are supplied for

 

If they do not meet the above requirements, you will have certain legal remedies against the seller. Any rights against the manufacturer will only be under a manufacturer’s warranty that came with the goods.

 

The rights against the seller are:

 

1. Reject the goods and request a refund – this is known as the ‘short-term right to reject’ and must be done within 30 days of purchase or delivery.

 

2. Repair or replacement – this can be done within the initial 30 days, or after that if the consumer can no longer reject the goods for a refund. It is the consumer’s choice as to whether they opt for a repair or replacement. There is a ‘one shot chance at repair’, meaning that if a repair has failed, the goods can still be rejected for a refund, even after the initial 30 days have passed. Alternatively, if the consumer wants to keep them, they can ask for a price reduction, based on what is wrong with them.

 

So if you have had it more than 30 days they are right that you cannot expect a refund and you must decide whether to allow the to repair it or issue a replacement