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my letter of complaint
My letter of complaint to the carphone warehouse... they implied that both me AND my 21 year old sister were lying on 2 different occasions!!
Dear Sir,
Towards the end of September 2006 I purchased a mobile phone on the internet for my son’s birthday on 24th October. Unfortunately, the following day it started to freeze and then restart.
We took it in to the Liverpool city centre store and asked for a refund on 11th November. This was refused and a repair offered. We accepted this and on 23rd November collected the repaired phone.
Shortly afterwards the problem started again and on 15th December the phone was returned to the store by my son for repair. A month later on 16th January it was ready for collection but still proved to have the same problem.
On the 20th January the phone was again returned to the store and a new phone requested. This was collected on 27th January but the new phone had the same problem of intermittent freezing.
By now thoroughly disillusioned my son returned to the Liverpool store on 3rd February and asked for a refund because both phones had the same fault and he was out of pocket with all these train journeys into Liverpool. He was refused a refund and told he could only have a reconditioned phone in exchange. It was only at this stage that it was made clear that his replacement phone had been reconditioned and not a new phone.
On 15th February my daughter went into Liverpool and asked to speak to the manager. In the event she spoke to the team leader who then said that as the phone had been purchased online she needed to speak to head office. She went outside the store and phoned head office who told her that it was the store manager’s responsibility to deal with such issues at his discretion, so she returned to the store to speak to him. The team leader then cast doubts on her integrity saying that he did not believe that she had spoken to head office and that there was no record of this. She then asked him to phone head office to check that she had called and that he had discretion to sort out the problem. He did phone to check that she had called head office but refused her second request.
Also, we were unable to find any reference in the terms and conditions to reconditioned phones being issued as replacements. If, as the store staff said, this appears on a repair form then I can only state that none of us has any knowledge of signing such a form and the shop could not produce a copy. My son was then told that he should have a copy so he showed them all the receipts and paperwork from Carphone Warehouse. He was then told that it would have been sent off with the repair. This does not seem right as surely the purchaser should have a copy of your terms and conditions for reference?
By this time the manager was available and the team leader discussed the matter with him. The manager said that it was not a management problem and the floor staff should be able to sort it out. If the staff cannot deal with a problem surely it is up to management to take the responsibility to do something and not pass the buck back down to the staff.
I am extremely unhappy at the standard of service which we have received and the manner in which we have been treated. There is obviously a fault with this particular phone and it is not fit for the purpose intended. I have since heard of two other people with these phones who have suffered the same problem so I do not believe that our experience of this fault is unique. Whilst your company has enjoyed payment in full for this phone we have had months of inconvenience and expense and still do not have a fault-free phone.
I am therefore requesting, under paragraph 48 of the Sale of Goods Act as amended a new phone within 10 working days or I will be forced to take legal action.
Yours faithfully
J Taylor (Mrs)
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