Car Phone Warehouse - washing hands of faulty product - ***Resolved***

[scott78saunders]

Hey,

 

Can someone offer me some advise here, back in November we purchased 2 of the Google Nexus 7 tablet computers for the kids christmas presents. One of them has not gone faulty with a common issue where they stop charging and become unusable.

 

We have contacted CPW to see what they can do under the warranty and they are basically saying that as they no long have a service agreement with Asus they can unable to offer me any support in regards to replacement or repair - I have to go directly to the manufacturer.

 

The manufacturer are saying other wise and again CPW are having none of it - I have escalated this to the CEO's office at CPW however they are still sticking to the story of not being able to offer any help and my need to speak tot he manufacturer again.

 

Is this right or am I being royally fobbed off.

 

The tablet is 7 month old, undamaged and fully boxed.

 

What can I do?

 

Many Thanks

[2ltr16valve]

Being fobbed off. Sale of goods act applies. Your contract is with cpw and no one else.

Cpw are well known on here for trying to dodge their obligations under soga

[scott78saunders]

Being fobbed off. Sale of goods act applies. Your contract is with cpw and no one else.

Cpw are well known on here for trying to dodge their obligations under soga

 

whats the best way to procedure ? template letter giving them 10 days to reply etc ?

[ashmk]

You are being fobbed off. I have heard this on more than one occasion from them, they seem to fob most people off and hope they go away.

[scott78saunders]

feel the same - just send a template SOGA letter asking for a refund to the CEO escalations team - lets see what crap they reply back with.

[BankFodder]

I would certainly send that letter but I would send it in the form of an LBA - assuming that you are prepared to go ahead with your threat if they carry on being stupid. Small claims are very easy to bring as long as you do a bit of basic homework. On the basis of your story, I rate your chances of success in court as better than 95%.

The chances of CPW settling once you have issued the court papers are better than 80%.

Most of these people only take their customers seriously once they have received the court papers. Sad but true.

[rebel11]

Information on your LBA (Letter Before Action):-

 

http://www.adviceguide.org.uk/wales/consumer_w/consumer_taking_action_e/consumer_legal_actions_e/consumer_going_to_court_e/consumer_taking_court_action_e/step_one_write_a_letter_before_action.htm

 

http://www.adviceguide.org.uk/wales/consumer_w/consumer_taking_action_e/consumer_legal_actions_e/consumer_going_to_court_e/consumer_taking_court_action_e/letter_before_action.htm

[scott78saunders]

Thanks all - just to confirm , here is the last message from the CEO office at CPW - what do you think?

 

"Dear Mr Saunders

 

Thank you for your email.

 

As the item was purchased by your wife, it is under her name and address, and therefore I would need to speak to her directly in order to discuss the account specifically.

 

I can continue to give you generic advice, that has nothing to do with your wife's account, so that I can help you to get your tablet repaired.

 

I can confirm that we no longer have a relationship agreed with certain manufacturers, which means we cannot repair certain tablets or handsets. We did have an escalation path agreed with certain manufacturers, so that we could send an item off for repair, so the customer didn't need to contact the manufacturer themselves.

 

However this agreement is no longer valid, and therefore we legally cannot send off items for repair on behalf of a customer.

 

All the items that we sell come with their own individual manufacturer's warranty, and if a problem arises this is fixed as long as it falls within the warranty.

 

You have advised me that you have a Nexus 7 that needs repairing, and that it is still within its 12 month warranty period.

 

Therefore, based on the information you have given me, I would advise that Asus would repair your item, as long as it was covered by their warranty.

 

The contact number for Asus is 0870 120 8340, and they are open from 9am - 5pm Monday to Friday.

 

I hope that this information helps, and if you would like me to discuss your particular order with your wife, please email me at the CEO Escalations email address

 

Kind regards"

[BazzaS]

Thanks all - just to confirm , here is the last message from the CEO office at CPW - what do you think?

 

"Dear Mr Saunders

 

Thank you for your email.

 

As the item was purchased by your wife, it is under her name and address, and therefore I would need to speak to her directly in order to discuss the account specifically.

 

I can continue to give you generic advice, that has nothing to do with your wife's account, so that I can help you to get your tablet repaired.

 

I can confirm that we no longer have a relationship agreed with certain manufacturers, which means we cannot repair certain tablets or handsets. We did have an escalation path agreed with certain manufacturers, so that we could send an item off for repair, so the customer didn't need to contact the manufacturer themselves.

 

However this agreement is no longer valid, and therefore we legally cannot send off items for repair on behalf of a customer.

 

All the items that we sell come with their own individual manufacturer's warranty, and if a problem arises this is fixed as long as it falls within the warranty.

 

You have advised me that you have a Nexus 7 that needs repairing, and that it is still within its 12 month warranty period.

 

Therefore, based on the information you have given me, I would advise that Asus would repair your item, as long as it was covered by their warranty.

 

The contact number for Asus is 0870 120 8340, and they are open from 9am - 5pm Monday to Friday.

 

I hope that this information helps, and if you would like me to discuss your particular order with your wife, please email me at the CEO Escalations email address

 

Kind regards"

 

Get your wife to give her written authority for you to deal with this in her behalf. Offer to fax this to them to get around their "we can only offer generic advice" smokescreen.

 

As others have stated, your rights are with the retailer. The retailer may want to use the manyfacturers warranty to obtain a repair. You can CHOOSE to go to the manufacturer direct IF you decide to do so.

If it isn't convenient for you to do so, such as hassle to send the item : it is down to CPW to deal, however they wish.

 

I suggest you contact them again, establishing your authority to deal with this on your wife's behalf, reminding them that your rights under the Sale of Goods Act are with them as the retailer.

 

Ask them how THEY are going to get it repaired : note that if they feel they can't get it repaired they can choose instead to refund you (if you would accept this instead).

 

("therefore we legally cannot send off items for repair on behalf of a customer " .... at least it'd give a judge a laugh!)

 

I wouldn't "buy in" to this fallacy ..... asking for details might cloud the issue, but for the sake of devilment it'd be fun to enquire if they felt the illegality of sending off items for repair on behalf of a customer was due to statute law or common law? (and which statute or case authority they feel establishes this.......)

 

Alternatively:

"you state you can't send it off on my behalf.

My rights under the Sale of Goods Act are with you as the retailer.

So, you can choose where you get it repaired on CPW's behalf to meet CPW's obligations to us.

That way you aren't sending it off on my behalf, you are sending it on CPW's behalf, avoiding the illegality you claim (which I neither concede nor deny).

 

Once you have it repaired, CPW can then meet their obligation to me. If you don't feel you can get it repaired, then you will need to supply a full refund"

[rebel11]

In short they are 'passing the buck', they are still in business, so they need to deal with your complaint under SOGA, the only situation that requires you to deal with the manufacturer is when the 'retailer' has gone bust. As CPW are merging with Dixons, I suggest they are in good shape, although rubbish at customer service.

I can't believe that letter was sent out but the CEO's escalation team.

 

Report the matter to Trading Standards too, you would have to through CAB.

 

http://www.tradingstandards.gov.uk/

[scott78saunders]

thanks for the message - that is a copy and paste job ...

 

shocking isn't it ?

[scott78saunders]

quick update - spoke to CPW, adamant that the responsibility lies with the manufacturer so have escalated to trading standards and will submit a "letter before action"

 

fingers crossed

[jacktheband]

Just one point to raise as you are claiming under SOGA, due to it being over 6 months since purchase what evidence are you going to present to show that this was an inherant fault from the point of sale?

 

As the onus is on you to prove that it was faulty when you bought it if it is over six moths. Although all the advice in this thread is sound, it does amaze me how many times this particular part is not mentioned on these forums. Just raising this point in case CPW change tact and use this as their reason to not assist.

[BazzaS]

Just one point to raise as you are claiming under SOGA, due to it being over 6 months since purchase what evidence are you going to present to show that this was an inherant fault from the point of sale?

 

As the onus is on you to prove that it was faulty when you bought it if it is over six moths. Although all the advice in this thread is sound, it does amaze me how many times this particular part is not mentioned on these forums. Just raising this point in case CPW change tact and use this as their reason to not assist.

 

The OP noted (presumably ' not' is a typo for 'now') :

"One of them has not gone faulty with a common issue where they stop charging and become unusable."

 

If it is a common issue, the OP can collate evidence to show this, allowing a court to conclude (on balance of probabilities) that it is an inherent fault present at time of manufacture.

[jacktheband]

The OP noted (presumably ' not' is a typo for 'now') :

"One of them has not gone faulty with a common issue where they stop charging and become unusable."

 

If it is a common issue, the OP can collate evidence to show this, allowing a court to conclude (on balance of probabilities) that it is an inherent fault present at time of manufacture.

 

Good point, well made.

[scott78saunders]

Hi Guys.

 

CPW are being shockingly bad - please see the attached reply from the CEO office.

 

Getting so cross with them now.

 

-------------------------------------------------------------

Dear xxxxxxxxxxxxxxxxxxx

 

Thank you very much for confirming the address we have for you on our system here.

 

I am very sorry that your Nexus 7 is not working as it should be, and that you are unable to use it.

 

I can confirm that we no longer have an agreed repair process with the Nexus 7 manufacturer, Asus, and therefore are no longer able to get these repaired for you on your behalf.

 

In order to get this repaired you will need to send this to Asus, so that they can locate any fault present and repair it for you.

 

Under the Sale of Goods Act, if a customer returns their product after the initial 6 month period, it is up to the customer to prove that the goods were faulty, not of satisfactory quality, not fit for purpose or not as described at the time of the sale. If the customer can prove this, then the retailer would then offer a repair or replacement within a reasonable time, and if this is not possible, a refund.

 

As your Nexus 7 is outside of the initial 6 month period, I would recommend you liasing with the manufacturer to determine whether the fault was an inherent one.

 

Your Nexus 7 comes with a 12 month warranty, and therefore any warranty faults with it will be repaired free of charge under the warranty.

 

The contact number for Asus is 0870 120 8340, and they are open from 9am - 5pm Monday to Friday.

 

I hope that this information helps, and if you have any other questions please email me at the CEO Escalations email address.

 

Kind regards

[rebel11]

Hi scott78saunders

 

How did you pay for them? Credit Card, Debit Card etc

 

You could respond as follows:-

 

Why is it my problem that you no longer have an agreed repair process with the Nexus 7 manufacturer, Asus, and therefore are no longer able to get these repaired on my behalf?

 

I purchased the Google Nexus 7 Tablet from Carphone Warehouse, I did not purchase the product directly from the manufacturer, the Sale of Goods Act 1979 (Amended) clearly states that the 'retailer is legally obliged to resolve the matter and not the manufacturer'.

 

It is legally Carphone Warehouse responsibility under Sale of Goods Act 1979 to make the necessary arrangements with Asus so the faulty Google Nexus 7 Tablet can be fixed.

 

The Sale of Goods Act 1979 also states the arrangements made by the retailer relating to faulty goods must not cause the customer too much inconvenience.

 

I now require Carphone Warehouse to make arrangements for the Google Nexus 7 Tablet to be fixed.

 

I look forward to hearing from you.

 

Yours sincerely,

 

Hi Guys.

 

CPW are being shockingly bad - please see the attached reply from the CEO office.

 

Getting so cross with them now.

 

-------------------------------------------------------------

Dear xxxxxxxxxxxxxxxxxxx

 

Thank you very much for confirming the address we have for you on our system here.

 

I am very sorry that your Nexus 7 is not working as it should be, and that you are unable to use it.

 

I can confirm that we no longer have an agreed repair process with the Nexus 7 manufacturer, Asus, and therefore are no longer able to get these repaired for you on your behalf.

 

In order to get this repaired you will need to send this to Asus, so that they can locate any fault present and repair it for you.

 

Under the Sale of Goods Act, if a customer returns their product after the initial 6 month period, it is up to the customer to prove that the goods were faulty, not of satisfactory quality, not fit for purpose or not as described at the time of the sale. If the customer can prove this, then the retailer would then offer a repair or replacement within a reasonable time, and if this is not possible, a refund.

 

As your Nexus 7 is outside of the initial 6 month period, I would recommend you liasing with the manufacturer to determine whether the fault was an inherent one.

 

Your Nexus 7 comes with a 12 month warranty, and therefore any warranty faults with it will be repaired free of charge under the warranty.

 

The contact number for Asus is 0870 120 8340, and they are open from 9am - 5pm Monday to Friday.

 

I hope that this information helps, and if you have any other questions please email me at the CEO Escalations email address.

 

Kind regards

[scott78saunders]

Thanks, paid via debit card.

 

I am shocked how genuinely unhelpful they are being and this person who keeps replying back to me clearly seems to be making it her mission to be as obstructive as possible.

 

And she works in the CEO's office.

 

Would like to get Charles Dunstone involved so he can see the level of "defense" his so called escalation channels are offering however he probably doesn't answer his own email's.

[rebel11]

Hi scott78saunders

 

Send the letter as suggested to :-

 

Mr Sebastian James

Chief Executive

Dixons Carphone

Sebastian.James@dixons.co.uk

 

You paid by Debit Card, contact your Card Provider, ask to do a Chargeback, explain that you have contacted the Retailer, they are not taking responsibility for the repair of the faulty product which legally they should do. You have the emails as proof, send them to.

 

Send them the following template amended, send it Recorded Delivery. Send the emails you have received.

 

http://www.which.co.uk/consumer-rights/problem/how-do-i-use-chargeback

[scott78saunders]

quick update - they backed down - agreed to raise me a credit of £119.00 against my account for me to exchange the faulty item in store

 

Cheers for all your help people..

[rebel11]

Well Done Scott.