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faulty mobile phone from asda

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nanscamp | 20:38 Sat 17th Jul 2010 | Law
4 Answers
Hi
I bought a mobile phone from Asda a few months ago. It was only £30, for my son who loses them, but thats not relevant. It has now stopped working so I took it back. I dont have the receipt but I have my bank statement with it on. The guy at Asda said nothing could be done as is was 'company policy not to exchange goods without the box and all the original packaging' I dont have the box , is there anything I can do?
thanks
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Ask to see the Manager,they will change it then,they hate bad publicity.Threaten them with "Trading Standards" that will definitely work.
The law gives you up to 6 years to get a problem remedied by a retailer (either by a repair or by a replacement) as long as the cause is an 'inherent fault'. That refers to something which was wrong with the phone at the time of purchase, such as the use of poor quality components or poor workmanship. For the first 6 months after purchase there's an automatic assumption (unless there's clear evidence to the contrary) that any problem must be due to an inherent fault. Thereafter it's up to the purchaser to show that, based upon the balance of probabilities, an inherent fault is the most likely cause of the problem.

Go back and demand that Asda complies with your statutory rights.

Chris

PS: I bought a mobile phone from Asda which had the seal broken on the box. (The one which says 'do not accept this purchase if seal is broken'). I decided that, because I was buying from a reputable retailer, there would be nothing to worry about. Shortly after that I started getting lots of phone calls from debt collectors, chasing a 'Debbie England' whom I'd never heard of. Then I got a call from Miss England's boyfriend, threatening to beat me up for nicking her phone! And you think that YOU'VE got problems!!!
;-)
Buenchico I couldnt help laughing at the Miss England story, its priceless !
Dee
Question Author
update
went back and asked for manager - too busy
phoned consumer direct who gave me a reference number to give them - still no deal
wrote to head office - got back letter saying they dont need the box, just take it back for a refund
after yet another 'discusion' I produced the letter and got a refund
I pushed for this cos the snotty kid on custumer desk called me - after a derogatory pause - 'madam'
thanks all

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