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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 77874
Experience:  Qualified Solicitor
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I bought a i phone on a phone package from o2 from day one

Customer Question

Good morning
JA: Hi. How can I help?
Customer: good morning i bought a i phone on a phone package from o2 from day one of having the phone it didn’t work properly to cut a long story short i took it back to o2 for the third time and they found out that the microphone was not working properly so they would repair it for 200 hundred pounds as it was out of guarantee i told them that it wasn’t my phone until i actually paid for it they told me to take it the apple store as it was a apple i phone to see what they could do but they sent me back to o2 so i stopped paying them and cancelled my subscription but i have done my very best to try to some sort of agreement but to know avail i am now having letters from a dept collection agency although my age has nothing to do with this I’m a69 year old who is not in good health can you help and advice me what to do paul k rowles mr mob***********JA: Where are you? It matters because laws vary by location.
Customer:***@******.***
JA: What steps have you taken so far?
Customer: I have written to 02 on three occasions and sent one letter by recording delivery actually making a offer of payment but they turned it down
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No basically thats it
Submitted: 17 days ago.
Category: Law
Expert:  Ben Jones replied 17 days ago.
Hello, I’m Ben, a solicitor, and it’s my pleasure to assist you. I may ask for some preliminary information to help me determine the legal position.
Expert:  Ben Jones replied 17 days ago.

I understand you are being pursued by a debt collection agency for a mobile phone package you cancelled. Can I just check if you have actually returned the phone now?

Customer: replied 17 days ago.
No its still in my possession
Customer: replied 17 days ago.
Please phone me on***********
Expert:  Ben Jones replied 17 days ago.

OK so how did you actually cancel your contract? Please provide some more details of what exactly has happened. Unfortunately I am  not available for a phone call at present but please do not worry as if you request one, it will remain open to all experts and if someone else if free they will call you. Thank you

Customer: replied 17 days ago.
Okay thank you i think it would be easier to explain on the phone
Expert:  Ben Jones replied 17 days ago.

OK as mentioned though, I am not currently available for a phone call but I am still here to deal with your original query in writing over this chat.

Expert:  Ben Jones replied 17 days ago.

Hello, I was wondering if you have had a chance to consider my initial query above please? I will need your response before I provide an accurate answer to your situation. Thank you and I look forward to hearing from you.

Customer: replied 17 days ago.
Thank you very much but its unfordable for me to continue as i just haven’t got that type of money but thanks
Expert:  Ben Jones replied 17 days ago.

Hi there. Phone calls are an additional service, which is entirely optional. I am still here to deal with your original query in writing over this chat.

Expert:  Ben Jones replied 17 days ago.

Hi there, I see you have tried to get the phone fixed with the seller but they have advised you that you either need to pay for it, or go to the manufacturer.

When a private consumer makes a purchase from a business seller, they have certain 'statutory' rights under the Consumer Rights Act 2015. If you wanted to refer to the legislation directly, please follow this link:

https://www.legislation.gov.uk/ukpga/2015/15/contents/enacted

The Consumer Rights Act 2015 specifically states that there is an expectation that goods must be:

- of satisfactory quality – they must not be faulty or damaged

- 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, the consumer will have certain legal remedies against the seller. Any rights against the manufacturer will only be under a manufacturer’s warranty or guarantee that came with the goods, which is entirely separate. It is, however, important to note that there is no protection against fair wear and tear, misuse or accidental damage.

If the goods do not meet any of the above criteria, the consumer’s 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 applied within 30 days of purchase or, if later, delivery.

2. Repair or replacement – this is still an option in the first 30 days, if the consumer does not want a refund and becomes the standard options after the 30 days have passed. It is the consumer’s choice as to whether they choose a repair or a replacement. If a repair is chosen, the seller is given one opportunity to provide a satisfactory repair, meaning that if it fails, the goods can still be rejected for a refund, even after the initial 30 days have passed. Alternatively, if the consumer wants to keep the goods, they can ask for a price reduction, based on what is wrong with them. That is something to be negotiated with the seller.

An important aspect of the Consumer Rights Act 2015 is that there is an assumption that any issues complained of, which have become obvious or developed within the first 6 months of buying the goods, were present at the time of purchase. If the seller disagrees that his was the case, it would be up to them to prove otherwise, if challenged in court. On the other hand, any issues which develop more than 6 months after purchase, are assumed not to have originated at the point of sale and it is for the buyer to prove otherwise if challenged in court.

Once a decision has been made on which of the above rights to pursue, the seller should be contacted, preferably in writing, to discuss that with them. If they refuse to discharge their legal obligations under the Consumer Rights Act 2015, a formal letter before action should be sent, asking for the desired resolution and making it clear that legal action could follow through the courts.

In the event this matters needs to be taken further, the following are the relevant links:

A report to Trading Standards can be submitted first: https://ssl.datamotion.com/form.aspx?co=3438&frm=general&to=flare.fromforms

Afterwards, a claim can be pursued in The County Court: https://www.moneyclaim.gov.uk/web/mcol/welcome

Expert:  Ben Jones replied 17 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Expert:  Ben Jones replied 17 days ago.

I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.

Customer: replied 17 days ago.
Thank you
Expert:  Ben Jones replied 17 days ago.

You are most welcome and all the best.