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My Mrs ordered an iPhone 7 online, when she got it she didn't like it so sent it back under the 28 day returns policy.
They've said she's damaged the sim tray and said they are returning it to us and she has to see out the contract.
Any advice on what to do, she didn't damage the phone.
Inside of six months, the burden of proof is on them.
Google to see if it's a common tactic of that company?
(Isn't the "SIM tray" like a crappy bit of small plastic? Not part of the phone itself?)
Maybe you could source and install a replacement tray, send it back to them again asking what the hell they are talking about?
For starters they can't do that - point this out to them quickly and make sure they accept the return under consumer contract regulations - they cannot refuse the initial refund.
Slight caveat here in that I'm not sure quite how it works with a phone contract as potentially you aren't purchasing the phone, but I think you'd be ok. There is provision for a mobile phone contract under CCR to be cancelled within 14 days.
What they then normally need to do is counter claim against you as you have breached your duty of care. They have to prove it and it's unlikely they will get too far. You can't turn an iPhone on without putting a sim in so as long as she didn't spend a week doing everything on it as normal you could argue you've only examined it. Just say you sent it back in perfect condition. Did she actually use it?
She didn't even put a SIM in!
As above. Within 6 months your line to them is simply "prove it".
The contract is another matter. Inside 14 days, it's no quibble cancel. That they offer 28 days cancel then you've got more time for that, but they could have get out clauses in the terms.
Are you bothered about having a contract though? You could just ask them to send you something different that you may like and keep the same contract terms, but still that they can shove the "sim slot broken" argument where it shines.
Problem is phone companies and phone contract resellers (Carphone Warehouse etc) are hard sell types and work on commission. They will do anything they can to keep the commission and aren't interested in doing anything that won't earn them commission.
Personally, if you're likely to keep the phone for a few years I'd go with SIM only contract or PAYG and just buy a phone outright. Contracts are just paying for the phone long term anyway.
(Isn't the "SIM tray" like a crappy bit of small plastic? Not part of the phone itself?
Aluminium. OP can get a eBay replacement for a couple of quid, and do as per km79.
(Isn't the "SIM tray" like a crappy bit of small plastic? Not part of the phone itself?)
Yeah, machined aluminium, really difficult to see how it could possibly be damaged, there are hundreds of millions of iPhones out there using the identical design, so if there was an issue where it could be easily damaged, the Daily Mail would have used it to take a pop at Apple, like they usually do.
Some iPhones (including the 7) have the IMEI number engraved on the sim tray, so tread carefully with replacing it.
She didn't even put a SIM in!
Then I think the term you are looking for is foxtrot oscar! Tell them to shove it and give you your refund!
She bought something online and didn't like it even before putting a SIM card in? Sounds very fishy to me - are you sure you're not trying it on?
How are we trying it on? She's returned it and opted for a different phone with the same company. You don't need a SIM to make a phone work. And even if we we're 'trying it on' how could we possibly gain from this when the part in question is about 10p on eBay?
I think he's winding you up lol
She's returned it and opted for a different phone with the same company.
I'd be cancelling that for a start.
You don't need a SIM to make a phone work
Unless it's a landline, you really do. You can make it work as what we used to call a PDA (or an iPod touch), but it needs a SIM to be a phone.
Some iPhones (including the 7) have the IMEI number engraved on the sim tray, so tread carefully with replacing it.
Which would explain how it received the damage they're trying to blame on the OP if employees have to remove the sim tray to check they're getting the right phone back.
If it comes back, take it to an Apple store, get them to check it over and if all OK punt it back to them again with a strongly worded letter?
There's a chance it was pre-damaged. Already returned stock or something staff had been messing about with. Having not put a SIM in it you wouldn't have noticed.
Cougar - ModeratorÂ
Unless it's a landline, you really do. You can make it work as what we used to call a PDA (or an iPod touch), but it needs a SIM to be a phone.
You can use it via wifi and some kind of SIP/Skype/etc service. It's not a true mobile phone, but can be used to make calls if you have wifi (that isn't crap). Though not sure about iStuff.
My old Nokia "work" phone is mainly used with a SIP service with a geographical phone number as it was free to get the number and low call costs, plus nothing to receive them. Only really used in office environments with wifi.
Was it still shrink wrapped when you received it?
Update on this, the mrs phoned them up (when I was at work to my dismay), spoke to a girl who was pretty much just a call centre worker and she said the only thing she can do is send a dispute by email?
Here's the email recieved originally...
Good Afternoon Zoe.
I hope you are well.
I am contacting you in regards to a handset which you returned to Mobile Phones Direct, due to the sim tray being damaged we will be returning the handset to you.
Kind Regards
Kerri
What would you do? If I ring they won't speak to me I don't think, so do I write them an email, if so what's the best thing to write to make them just back down?
Cheers in advance.
You can use it via wifi and some kind of SIP/Skype/etc service. It's not a true mobile phone, but can be used to make calls if you have wifi (that isn't crap). Though not sure about iStuff.
Can't activate an iPhone without a SIM, though - you can take the SIM out after you've set it up, it moans occasionally but still works.
Usually I would say write to them, but after dealings with Virgin Media recently that's not guaranteed to elicit any response.
Could just refuse the return, and keep trying on the phones.
Are they on Twitter? Airing dirty laundry in public can be effective.
Have they provided details / proof of the 'damage'? Ask for a photo?
No, the cheeky gets sent it back to us and said she had to honour the contract!
Yeh.. What does a sim tray cost, about 5p?
If she sent it back within the cool off period for a valid reason, that still stands. I'd stick by that, and contest that the damage was caused by the returns department.
It could well end up with a long argument though.
Refuse delivery if you have the chance. Clearly though, the conversation needs to go like this;
Q: How did you know the sim tray was damaged?
A: We took it out and checked it.
Q: So as we did not fit a sim, the only people who have touched the sim tray are you and the supplier, correct?
A: Bang to rights guv.
Basically, they are hoping you will roll over and ignore your rights. But from their perspective they've sent out a new phone and now it's imperfect (or that's what they're claiming).
Obviously cancel the other phone too. Have had this with mobile suppliers before, they will do whatever they can to put you off a refund.
[url= http://www.ceoemail.com/s.php?id=ceo-81982&k=592f1688&c=Mobile%20Phones%20Direct%20CEO ]http://www.ceoemail.com/s.php?id=ceo-81982&k=592f1688&c=Mobile%20Phones%20Direct%20CEO[/url]
Ouch! That's his email address getting copied in!
So you've got it back? Is the sim tray actually damaged?
Send it back to them saying you're returning it because they damaged the sim tray.