3 Store Refusing Replaceement with 30 days and GDPR Breach

[nuclearshark]

I recently upgraded my 3 Contract to a new phone which developed a problem.

 

I contacted 3 and was initially told to speak to the manufacturer.

They advised that as I was in the 30 day period of Consumer Rights Act 2015 to request a replacement that I go to the store to arrange this as it would offer a faster resolution.

 

I agreed with this course of action and went to the store on day 29.

Leaving it late admittedly due to health issues.

 

When I arrived at the store the Assistant Manager then gave just about every excuse under the sun about being able to help but because the policy was 28 days not 30 they could not help me.

 

I countered this with CRA 2015 being 30 days and they refused to accept this so I asked for the policy in writing.

We both looked on the 3 store website but embarrassingly enough for them it didn't state anything about faulty goods.

 

The actual wording in the contract that I signed says "Refer to three.co.uk/returns" for the Full Policy which doesn't explain anything about replacement faulty goods.

 

I know why... Because it's the legal requirement of 30 days...

Store Manager being adamant the period for returns was 28 days refused to back down

 

I asked him to look up CRA 2015 which they declined saying "It's not my job to know the law" …

Of course if you're selling goods and services and are a manager you should be versed in CRA 2015.

 

Realising they weren't getting me to fold my argument they requested a colleague get a copy of the policy from the back room.

When they returned it was very clear the document they were about to show me was the signed contract of another customer.

 

Consequently I called this out and said "Don't show me that, that's someone else's personal data" which they seemed to take offence at and said I was just trying to give them a hard time.

 

They went on to justify saying that what they were trying to show me had no personal data despite initials and a signature being clearly visible.

I again instructed they take the document away from me.

 

The wording was so small that the only way for me to read it would be to have actually taken the document to look at it.

The ultimate irony is that policy in this other customers document would be irrelevant because that's not the document I signed.

 

Realising I was getting palmed off and probably being labeled as toxic I decided to leave, but not before writing his name down and sending off a blunt tweet to 3...

 

Needless to say I'm not too impressed,

£16.55 out of pocket for a train ticket,

probably going to need to return to the store again and having to put up with a broken phone either for 2 weeks

(If manufacturer deal with this) or having to fight an outside 30 day period.

 

Tweet Sent...

But not sure how I should approach that GDPR issue...

 

So desperate to prove a point the manager didn't have he throws all regards to another customers data out the window?

 

When does my bad luck ever end...

[BankFodder]

I hope you won't think I'm being too tough if I say that you've been here since 2012 and so you must know your rights under the Consumer Rights Act which are that if a fault manifests itself within the first 30 days then you are in principle entitled to a refund or a replacement. You would also be aware that you have to assert this right so I'm pleased to say that you will already have made sure that the shop has evidence that you did come to them on day 29 and tried to assert your right. On that basis it is simply a question of pushing the issue and if necessary taking legal action to enforce the right.

Also, you've been here since 2012 so I'm not too sure why you haven't told us who the dealer is – maybe you would do that now.

Also, should be aware that the responsibility/liability lies with the dealer and has nothing to do with the manufacturer regardless of what any document says.

Are we on the same page here?

By the way, I have no idea why you should be concerning yourself with GDPR. This is an extremely minor issue and I would have thought that you would be concerned with getting your telephone sorted out.

[fkofilee]

Bankfodder - The dealer is H3G / Three UK

[nuclearshark]

No not too tough at all, I think I just used a bad way of writing this out. Indeed I'm well versed in CRA 2015 and thought my post would allude to that. But maybe I didn't write it very clearly so my apologies for that there. This was more a documentary style posting than a request for help so I'm sorry for any confusion on that point.

 

I was also more documenting this issue mainly for my own recollection at a later point but also for those who may be told the same in another Three store. I'm sorry if I didn't make any of this clear. The store is Hutchinson 3G Limited or Three as they are better known: http://three.co.uk/

 

I did a web chat with 3 while waiting for my train home who also confirmed the policy from the store manager was wrong and that it is 30 days to return a faulty handset for a replacement and not 28. On learning this I made the conversation a complaint that I was being given incorrect information on multiple occasions. I had attempted to get this issue resolved in a different store the previous week where they changed the SIM Card for me. CRA 2015 was not discussed at this point and was told if that didn't work then to call 333 from the handset. Again I knew this was wrong but took the replacement SIM card in good faith as it may very well have resolved the issue. Unfortunately it didn't.

 

I then contacted Three again and was palmed off to the manufacturer. The manufacturer accepted my case but suggested me going back to Three under CRA 2015. I today went to assert that right and was told both the manufacturer and Three Customer Service were wrong. I remained calm and asked for proof that I had been in the store today. Manager just gave me his name and I made a note of the time I was there and pointed to a CCTV camera in case a SAR would become necessary if Three tried to suggest otherwise.

 

As it happens I received a phone call after registering my complaint from the lady in the webchat with Three who had spoken with her manager and confirmed the store was wrong, that she could also see I was given incorrect information on a number of occasions and that under no circumstances should the store have given me a document with another customers details on. She went on to confirm that she had arranged a replacement handset was being couriered to my home address next week and that it would be a drop and swap type replacement. I accepted this, Just as I was about to explain the wasted journey costs the agent said she was waiving 1 month bill charges for the inconvenience caused.

 

So seems a resolution is very well on the way. I'll update this as resolved once I have the new handset and bill credit in my hands.