[MrWhipster]

Hi,

A friend was given a new Nokia Lumia as a birthday present. It was sold as SIM free and unlocked. It turned out not to work with a Tesco PAYG SIM. He took it back to the shop and they claimed that it was unlocked to contract SIMs only, and that they would have to contact Nokia directly. He left the phone with them for 1 week or so, and on return they said that Nokia were not cooperating.

Unhappy that the phone was not as advertised i.e. unlocked, he asked for a refund. Instead they fobbed him off with a second hand Sony Xperia. This phone worked well in the shop so he accepted it. The store claimed it was a superior phone to the Lumia, because in their opinion Android was better.

By the time he returned home it developed a fault whereby it would power down every few minutes. The phone was immediately returned to the to the shop.

At this point it gets silly. The shop refused to refund because their store policy is to not refund second hand phones. The original phone was new, the replacement was second hand. Seems to me that they screwed him on this because he accepted a second hand replacement. He wants a to reject the replacement phone and receive a refund of the original purchase price. Not an unreasonable request, but the store says it's not their policy and that's final.

As far as I can figure out, it is within his right to demand a refund under the sales of goods act, and that the shop's own policy does not override consumer law.

We're looking at formally rejecting the replacement phone under the sales of goods act with a written letter stating that demand for a refund, along with intentions to contact local Trading Standards and submitting a claim to the Small Claims court. We're hoping that might do something, but I'm doubtful.

My main question though is whether an unlocked phone would be unlocked to Tesco contract but not to Tesco PAYG. That's what the shop was claiming, but it all sounds like BS to me.

Any advice appreciated.

Thanks

[clewsy]

Yes that's bs. If it works on Tesco then either PAYG or contract will work.

[moox]

What was the message that came up when it didn't like the SIM? Did it specifically ask for a unlock code or something similar?

I'd otherwise agree though, this is entirely scummy behaviour and I'd take it all the way to the courts

[MrWhipster]

Quote:

Originally Posted by moox

What was the message that came up when it didn't like the SIM? Did it specifically ask for a unlock code or something similar?

I'd otherwise agree though, this is entirely scummy behaviour and I'd take it all the way to the courts

Not aware of any error messages. I've only just got involved today. Most of this happened over the last 2 weeks. I would never have accepted a second hand phone as a replacement. I'm sure this complicates things, in favour of the retailer.

It turns out that the original phone was purchased on a credit card and it was more than £100. I didn't know that earlier. My advice to my friend is to take it up with the credit card company.

[jchamier]

Quote:

Originally Posted by MrWhipster

It turns out that the original phone was purchased on a credit card and it was more than £100. I didn't know that earlier. My advice to my friend is to take it up with the credit card company.

Yes the acceptance of a second hand phone may be a problem.

Your friend could also try small claims - www.moneyclaim.gov.uk

[planetf1]

I would take it up with the credit card company. In fact no reason not to tell the shop you're doing this. I've observed this suddenly make a retailer wake up and sort things out before it gets to that point.

ALWAYS pay by CC for such items if you can.... the consumer protection is worth it.

[Chris1973]

Did they give him any receipt or any written indication that the second phone was a replacement for the original?.

its going to get very complicated if he is asked to provide paperwork / proof of his claim and the cost he is claiming, if all of the paperwork he has lists the purchase of a New Nokia phone on it and the one which is now being put forward in the claim, is a second hand Sony.

Technically he is no longer the owner of the original Nokia phone which he previously had and the one which would be covered on any purchase protection given at the point of sale. Any subsequent claim on this second hand Sony phone will now depend on what warranty / written description was given with this phone and the terms he was agreeing to when HE ACCEPTED IT as a replacement. Surely any contract and purchase protection against the original Nokia phone would be relinquished at the point where he freely gave up all ownership of it.

Unless he made any kind of payment for the Sony phone using a Credit Card, then it won't be covered by any purchase protection in its own right.

He should have done all of this before accepting a second hand replacement phone. Your contract as a consumer is with the person you pay the money too - i.e the vendor, not the manufacturer, so arguing your rights is far easier, especially when it comes to making a claim. Whether Nokia are playing ball with the vendor isn't your concern, simply offer them your sympathies but still demand that the store hands over a like for like replacement (assuming you have given them a reasonable time to repair and return the original).

http://www.consumerrightsexpert.co.u...lty-goods.html