Consumer rights act anyone know it

[Fusion123]

I've read the act it says 1 repair then refund or replace o2 had my phone for 12 days sent it back as repaired says on paperwork I got with repair fault found and repaired it's identical to when it went in o2 say they have 4 chances to repair cra is wrong and o2 are right there words exactly anyone can confirm this is right or wrong it's doing my head in

[cgksheff]

Wrong.

 

 

 

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[Fusion123]

Wrong.

 

 

 

.

 

In what way is it wrong can't get my head round it cheers

[Baron99]

Section 43 of the CG Act 2015:

 

Right to repair or replacement

(1)This section applies if the consumer has the right to repair or replacement.

(2)If the consumer requires the trader to repair or replace the digital content, the trader must—

(a)do so within a reasonable time and without significant inconvenience to the consumer; and

(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

(3)The consumer cannot require the trader to repair or replace the digital content if that remedy (the repair or the replacement)—

(a)is impossible, or

(b)is disproportionate compared to the other of those remedies.

(4)Either of those remedies is disproportionate compared to the other if it imposes costs on the trader which, compared to those imposed by the other, are unreasonable, taking into account—

(a)the value which the digital content would have if it conformed to the contract,

(b)the significance of the lack of conformity, and

©whether the other remedy could be effected without significant inconvenience to the consumer.

(5)Any question as to what is a reasonable time or significant inconvenience is to be determined taking account of—

(a)the nature of the digital content, and

(b)the purpose for which the digital content was obtained or accessed.

(6)A consumer who requires or agrees to the repair of digital content cannot require the trader to replace it without giving the trader a reasonable time to repair it (unless giving the trader that time would cause significant inconvenience to the consumer).

(7)A consumer who requires or agrees to the replacement of digital content cannot require the trader to repair it without giving the trader a reasonable time to replace it (unless giving the trader that time would cause significant inconvenience to the consumer).

(8)In this Chapter, “repair” in relation to digital content that does not conform to a contract, means making it conform.

 

And section 45 states:

 

Right to a refund

(1)The right to a refund gives the consumer the right to receive a refund from the trader of all money paid by the consumer for the digital content (subject to subsection (2)).

(2)If the breach giving the consumer the right to a refund affects only some of the digital content supplied under the contract, the right to a refund does not extend to any part of the price attributable to digital content that is not affected by the breach.

(3)A refund must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund.

(4)The trader must give the refund using the same means of payment as the consumer used to pay for the digital content, unless the consumer expressly agrees otherwise.

(5)The trader must not impose any fee on the consumer in respect of the refund.

 

I'd say as long as you've not been messing about with the phone to invalidate the warranty, O2 don't have a leg to stand on.

 

If O2 won't play ball, get their explanation in writing but mention that you'll then be passing the details on to Citizens Advice & referring them to Trading Standards. You can find details for each from the internet.

[Fusion123]

Section 43 of the CG Act 2015:

 

Right to repair or replacement

(1)This section applies if the consumer has the right to repair or replacement.

(2)If the consumer requires the trader to repair or replace the digital content, the trader must—

(a)do so within a reasonable time and without significant inconvenience to the consumer; and

(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

(3)The consumer cannot require the trader to repair or replace the digital content if that remedy (the repair or the replacement)—

(a)is impossible, or

(b)is disproportionate compared to the other of those remedies.

(4)Either of those remedies is disproportionate compared to the other if it imposes costs on the trader which, compared to those imposed by the other, are unreasonable, taking into account—

(a)the value which the digital content would have if it conformed to the contract,

(b)the significance of the lack of conformity, and

©whether the other remedy could be effected without significant inconvenience to the consumer.

(5)Any question as to what is a reasonable time or significant inconvenience is to be determined taking account of—

(a)the nature of the digital content, and

(b)the purpose for which the digital content was obtained or accessed.

(6)A consumer who requires or agrees to the repair of digital content cannot require the trader to replace it without giving the trader a reasonable time to repair it (unless giving the trader that time would cause significant inconvenience to the consumer).

(7)A consumer who requires or agrees to the replacement of digital content cannot require the trader to repair it without giving the trader a reasonable time to replace it (unless giving the trader that time would cause significant inconvenience to the consumer).

(8)In this Chapter, “repair” in relation to digital content that does not conform to a contract, means making it conform.

 

And section 45 states:

 

Right to a refund

(1)The right to a refund gives the consumer the right to receive a refund from the trader of all money paid by the consumer for the digital content (subject to subsection (2)).

(2)If the breach giving the consumer the right to a refund affects only some of the digital content supplied under the contract, the right to a refund does not extend to any part of the price attributable to digital content that is not affected by the breach.

(3)A refund must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund.

(4)The trader must give the refund using the same means of payment as the consumer used to pay for the digital content, unless the consumer expressly agrees otherwise.

(5)The trader must not impose any fee on the consumer in respect of the refund.

 

I'd say as long as you've not been messing about with the phone to invalidate the warranty, O2 don't have a leg to stand on.

 

If O2 won't play ball, get their explanation in writing but mention that you'll then be passing the details on to Citizens Advice & referring them to Trading Standards. You can find details for each from the internet.

I've lodged a complaint and asked for a deadlock letter going to try ombudsmen

[mickey finn]

Wrong.

 

 

 

.

 

Wronger.

 

.

[Cyclone]

O2 don't get to change the law, so if they tell you that the CRA is wrong, then they're talking nonsense.

I don't think the CRA specifies a number of attempts to repair though, doesn't it talk about "reasonable"?

 

Section 43 appears not to be relevant as it keeps talking about digital CONTENT, we're talking about a physical item.

 

How long have you had the phone before the fault which they've failed to repair so far?

[cgksheff]

OP states 12 days ...... automatic right to refund was available.

[truman]

It might not be O2's issue if it's connected to this

 

https://www.sheffieldforum.co.uk/showthread.php?t=1535401

[Guest]

You have the right to reject the item within 30 days and receive a full refund (rather than a repair) - when did you purchase the phone?