Any lawyers in the house?

[My_Teenage_Self]

Scenario;

Wife buys new mobile phone from a major manufacturer. Direct sale, Vary large brand. (no contract etc, handset only). Paid with paypal.

2 months & screen goes dead
2 weeks later receive repaired phone
2 months after that, pixels start dying on screen.

Wife tries to reject phone, manufacturer says no, they will ONLY attempt a second repair.

Trading standards says wife has the right to reject, manufacturer says no. Wife will not send phone back until Moto manufacturer agrees to refund - they will not.

Stalemate.

What would you do?

 

[d8mok]

Open a PayPal case? Worth a try.

 

[My_Teenage_Self]

Done already - weeks ago - radio silence...

 

[d8mok]

Refer it to the mobile phone ombudsman?

 

[The History Man]

https://www.gov.uk/make-court-claim-for-money

Worth a punt depending on value.

 

[half cog]

opening the pay pal case was the best thing. Bought an £800 zannusi cooker brand new.Three weeks later it went out of control and the gas engineer came and closed it down as dangerous.Company I bought it from tried their best to avoid a refund by spinning it along till it was too late to open a case. However i did open a case in the alloted time slot.In the end I got a message from the company telling me that they had decided to give me a refund. sad for them as pay pal contacted me a short time before that telling me they had found in my favour and issued a refund.You have done yours but people should note that you only have a limited time to open a case and that companies will try and draw the job out to prevent you doing it

 

[half cog]

Regarding radio silence.They are not allowed to contact you once a case has been opened.Pay pal will decide what happens after that based on the evidence and if you win they will pay you the refund and take it out of the companies account

 

[My_Teenage_Self]

Regarding radio silence.They are not allowed to contact you once a case has been opened.Pay pal will decide what happens after that based on the evidence and if you win they will pay you the refund and take it out of the companies account

do you have a source/reference for that? They (the manufacturer) have been in contact... paypal have not.

 

[d8mok]

Regarding radio silence.They are not allowed to contact you once a case has been opened.Pay pal will decide what happens after that based on the evidence and if you win they will pay you the refund and take it out of the companies account

Where is your source for the company not being being able to correspond with a claimant once a dispute opened?

 

[half cog]

Read it in the pay pal rules re opening a case. They become both judge and jury.You therefore need to supply as much evidence to pay pal as you can.If you had written to the trading standards and had received a written reply then a copy of that would be worth giving them. I supplied the gas engineers certificate saying my cooker was dangerous and should not be used and as said the next contact I had was pay pal saying they had found in my favour and refunded