Vodafone / Samsung keep returning my faulty phone back un-repaired - What to do?

[azibux1]

tl:dr...
Faulty phone sent away once by myself to Samsung, and once by Vodafone... returned un-repaired both times... What rights do I have / does anyone have any advice?
...

Hi all,

Following on from here:

http://forums.overclockers.co.uk/showthread.php?t=18695106

I was told by Vodafone that my phone will be replaced for a brand new device if it is diagnosed as un-repairable.

I obtained the Samsung phone number from two different Vodafone representatives who recommended I contact Samsung. Samsung said it is possibly not a software issue and suggested I send my phone to be repaired, which I did, directly to a Samsung repair centre.

They could not replicate the fault so returned it to me un-repaired. I then replicated the fault within minutes of trying. Although I obtained the Samsung phone number from Vodafone, apparently Vodafone cannot replace my phone as I sent it to Samsung instead of themselves... This was not made clear to me that I was only supposed to talk to Samsung, and if it needing sending away I was supposed to go back to Vodafone who would send it and diagnose it.

OK... fair enough... I then got Vodafone to send my phone away to their repairers... I get a message saying it is repaired and ready to be collected... And when it is returned, again, it has the exact same fault and paperwork from where?? A Samsung repair centre!! (has a very similar Samsung quality check form returned with it as I got from Samsung when I sent it away)... So what was the problem with me sending it to Samsung in the first place?

Anyway, skip to today after much time and money wasted sending phones forwards and backwards... Supposedly it is policy that the phone needs to be sent away and returned with the same fault THREE TIMES before it can be replaced (and even then, the representative wasn't 100% sure I'd get a new device, maybe a refurbished one, although I had this confirmed by someone else who I first contacted and have a recorded call of this that it would be a brand new replacement)... The person on the recorded call also never mentioned it going three times... he simply said if it is "diagnosed as unrepairable"

So my phone has now been sent away for a third time today, likely to the same / another Samsung repair centre who I assume are going to return it un-repaired yet again...

I am assuming Vodafone are going to claim THEY need to send it three times, and my 1 time to Samsung directly probably won't count for anything.

This seems like a lot of time and money wasted... and seems pointless sending it over and over if they can't fix it... I'd rather avoid sending it a 3rd time through Vodafone (so 4 times to a samsung repair centre in total)...

Do I have any rights here or does anyone have any advice? Throughout all of this I am still paying my contract each month for a phone that I currently do not have (as it is always in the post between Vodafone and repair centres!)

Thanks for any advice in advance!

 

[Slam62]

You're being done mate

 

[azibux1]

You're being done mate

I can tell that

But my problem is Vodafone are very insistent that it needs to be sent 3 times

I am also currently expecting a manager callback which I doubt I'll be receiving any time soon / at all (unfortunately I made the call asking for that in the car and my call-recording app doesn't record bluetooth calls by default, which I only found out afterwards)

 

[malachi]

I can tell that

But my problem is Vodafone are very insistent that it needs to be sent 3 times

I am also currently expecting a manager callback which I doubt I'll be receiving any time soon / at all (unfortunately I made the call asking for that in the car and my call-recording app doesn't record bluetooth calls by default, which I only found out afterwards)

I would contact trading standards.

 

[PurplePhoenix]

Leave Vodafone... We have had same issue with at least 3 phones. We have loads of problems with Vodafone and we had one stage 4 mobiles , 3g stick, House + internet with them.

I moved to 3 saved at least 50% and got about 50% more for my money on a network that worked.

 

[Haggisman]

Leave Vodafone... We have had same issue with at least 3 phones. We have loads of problems with Vodafone and we had one stage 4 mobiles , 3g stick, House + internet with them.

I moved to 3 saved at least 50% and got about 50% more for my money on a network that worked.

I would agree with the "leave Vodafone" but not necessarily for this reason, the "send off 3 times" seems to be standard across all providers - I had an issue with a Nokia 5800 on O2 which wasn't charging the battery, got sent off 3 times, 1st for new battery (no idea why they had to send it off for that), 2nd new charging circuit, 3rd time they didn't have a clue so just sent me a new phone.

 

[Myshra]

You actually have more rights due to a recent change in consumer protection law. You'll need to look up the specific change but i believe if the fault is not fixed the first time around and you can prove it's still broken within a specific timeframe (i want to say the timeframe is the most important part - it's what the law hinges on) you can receive a full refund and a right to exit the contract. You need documented proof of all this (eg take timestamped videos of the fault being there before and after, documentation that you have sent it away etc...) and you may need to write to the Voda CEO (contact details easily available on web) so that you get to the exec office.

This isn't much talked about because the change could be seriously bad for networks but if they don't bring it up...

 

[azibux1]

Thanks for all responses... Last one sounds promising as I can likely get it to happen in-store again like I have twice in the past and get the staff to note it on the account that they've seen it happen

I have all the documentation to say when it has been sent and how many times. Will see what happens when it gets returned this time (probably early next week) and go from there

I have just realised though, Myshra is that the law that came in October? If so, I think it is possibly only for products purchased after that date (and I've had this since April 2015), I'll have to do some research

 

[Rids]

Unfortunately the 3 times before replacement thing is Vodafone policy - has been for years. I imagine that you will need to send off a third time with Vodafone too. If the policy is the same as when I worked there it won't be swapped for a new device, it'll be a refurb as these swap outs are done at the repair centre at not a warehouse/store level.

Thank Christ I no longer work there however I remember this issue popping up far too many times during my time there.

I don't really have the inside track on any advice I can give you. Try and get the store manager on your side, they really don't have much power themselves but if you can get their support they may be able to pull some strings at customer services level authorise a replacement. It really is touch and go though.

 

[azibux1]

Hmmm that seems like it might be the case

With regards to replacement, considering it was mentioned on a recorded call by the vodafone rep that it would be brand new, I even confirmed this with him again to make sure, hopefully I'll be able to get a brand new one... I just hope I haven't lost the call recording in all of this phone switching around haha

I had a similar situation where I was promised 24 months free spotify instead of 6 months (again I double checked) and customer services said if I play the recording in-store (they couldn't find it on their system), then the store staff left notes to say they've heard it and I was given the 24 months spotify as that's what I was promised (regardless of if it was a mistake or not)

 

[Myshra]

I would advise against trying to repair again, I would go for the juggular and quote the consumer rights 2015 with regard to faulty repair which which.co.uk have laid out for us all:

Repair or replace

If you are outside the 30-day right to reject, you have to give the retailer one opportunity to repair or replace any goods or digital content which are of unsatisfactory quality, unfit for purpose or not as described.
You can choose whether you want the goods to be repaired or replaced.
But the retailer can refuse if they can show that your choice is disproportionately expensive compared to the alternative.
If the attempt at a repair or replacement is unsuccessful, you can then claim a refund or a price reduction if you wish to keep the product.
You're entitled to a full or partial refund instead of a repair or replacement if any of the following are true:
the cost of the repair or replacement is disproportionate to the value of the goods or digital content
a repair or replacement is impossible
a repair or replacement would be significantly inconvenient
the repair would take unreasonably long
the repair has been unsuccessful.
If a repair or replacement is not possible, or the attempt at repair fails, or the first replacement also turns out to be defective, you have a further right to reject the goods for a full or partial refund.
If you don't want a refund and still want your product repaired or replaced, you have the right to request the retailer makes further attempts at a repair or replacement.

The policy of 3 strikes is technically illegal under the new consumer act but there is a timeframe you have to act in, do not settle for less than what the law entitles you to. Ask for a straight replacement or refund on your contract and sit back if i were you.

 

[tiffanys]

I would advise against trying to repair again, I would go for the juggular and quote the consumer rights 2015 with regard to faulty repair which which.co.uk have laid out for us all:


The policy of 3 strikes is technically illegal under the new consumer act but there is a timeframe you have to act in, do not settle for less than what the law entitles you to. Ask for a straight replacement or refund on your contract and sit back if i were you.

you could ask for a replacement as you have sent the phone so many times without the issue being rectified.

 

[azibux1]

I would advise against trying to repair again, I would go for the juggular and quote the consumer rights 2015 with regard to faulty repair which which.co.uk have laid out for us all:


The policy of 3 strikes is technically illegal under the new consumer act but there is a timeframe you have to act in, do not settle for less than what the law entitles you to. Ask for a straight replacement or refund on your contract and sit back if i were you.

Too late unfortunately as I have already sent it away yesterday

Very good info though so thanks for that! And I will hopefully not need to send it again with this info you've copied me... Any chance you can let me know where you got that from? Which document / rights is it from? EDIT: Don't worry, got it:

http://www.which.co.uk/consumer-rights/regulation/consumer-rights-act

 

[azibux1]

The problem is... with the above info...

I could say, "you've had your one repair attempt. I'd now like a replacement"

But the next line states that they can refuse that if it is disproportionately expensive compared to keep attempting to repair it over and over.

BUT then haha, I guess I could use the next part that says I am entitled to a full or partial refund if the repair or replacement is significantly inconvenient (which it is when it has been sent 3 or 4 times) and also that the attempt to repair has failed which means I'm entitled to a full or partial refund.

Obviously a faulty phone and partial refund is no use... But full refund and return the phone 'could' be an option, but it leaves me without a phone or contract and I'd have to see if I can get a good deal on one now that beats what I'm currently paying

Will have to do some maths and see

 

[azibux1]

Well the phone is back and so far (touch wood) it seems okay!

And it seems it may have been my fault (not directly haha)

They'd keep receiving it and testing and saying it is fine... I'd keep getting it back and saying it was not

Turns out that it was a potentially corrupt samsung (texts, call logs etc.) or google (apps) backup that I was restoring to the device during the initial setup when I got the phone back each time

This time I started with a new Google account (just for apps and backups) and started fresh