Consumer rights: phone was sold to me with features it doesn't have. Can I get a refund?

[Denethor]

I bought the BlackBerry 8520 from Carphone Warehouse the other day on pay as you go.

I asked staff if I can use any SIM in it, as I'd want to put my contract SIM in. They said yes, it would. They never mentioned anything to do with getting a BB data plan, which I had to find out for myself when I got home to find not much worked on the phone, and am not willing to pay for it. So the phone works no better than any other phone without it.

However, what I'm really annoyed with is as I was buying it I explained that I wanted it mainly for Skype as I'm moving to France. The sales assistant agreed, told me that skype isn't great on smartphones, we had a convo about skype etc. I get home and find out that Skype isn't even compatible on BlackBerries!

I want to get a refund as the reason I bought the phone isn't even there, but the website says they do not refund PayG phones. I've sent them an email of complaint, telling them what happened in store and why I'm not happy and am waiting for a reply now. If they refuse to give me my refund, are there any consumer rights that say that I am entitled to a refund as they sold it to me incorrectly?

Cheers in advance!

[Minardil]

You go to the store you got it from and ask them for help, if it doesn't help, ask for a refund. If that doesn't work, you can sew them for more money than the phone was in the first place

[Merlin]

When you return to the shop, ask to speak with the manager and make it clear the Phone was sold to you on the basis of your relocation to France and it’s compatibility with Skype, this way they should be happy to offer an alternative handset or if you prefer, a full refund. On the other hand, if they refuse to offer either of the fore mentioned, politely tell them your intention to inform by telephone and email, Charles Dunstone and David Ross, these two own Carphone Warehouse and that unless they offer a satisfactory solution, they leave you no alternative, but to return and actually picket the shop. Large organisations don’t like negative publicity and those that have a high visibility on the high street are particularly vulnerable , so don’t allow them to bully you.

[Lothiriel]

I consider FACE offers given an individual amazing advice. I might create - you're suitable within legislation to some alternative phone achieving your specifications, however might should pay your difference in case it can be higher end - or even you then have a right in your capital last full, not really vouchers - MONEY !!!!
The phone had been misrepresented to you thus your breach involving this 2 year contract of sale by means of Carphone W.
Never take note on their drivel should they always prevaricate from what you want - you've got a total appropriate inside regularions to be able to your dollars back. Add, you won't need to tell many with squidoo when they provide you with more than just your hard earned money back.

[TrinidadMMorganti]

Sale associated with things Act:

The merchandice marketed must be suit for purpose.
You defined your purpose, they did not provide it.


Automatic refund.
If not, require the manager,
the boss WILL give you a new refund...
the director will also aim to sell you an alternative phone.

I would suggest a person demand your current return and THEN discuss other phones.
and think of meticulously precisely what your supervisor presents this kind of time.


Do not really anticipate a big battle... most effective for you fairly simple as soon as you express that you simply have been 'mis-sold' the actual phone.


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In this super improbable case the fact that office manager would not offer a refund, in that case merely make sure he understands to find out you inside the small cases court. (its on line, prices 15 pounds, which and also almost every other affordable expenses/time in addition to expenditures may be added.. they may not attend, all of which pay out up)