New phone models are released all the time with better cameras, DPI screen resolutions, response times… But few people actually consider the physical phone hardware (or mobile handset) itself.
What happens when you’ve bought a new phone with a faulty battery? Or the charging port doesn’t seem to work? What if the screen is unresponsive, or cracked?
If you recently bought a new mobile handset that has a defect, the good news is that you don’t have to just accept it! Under the UK Consumer Rights Act 2015, goods you purchase need to be: fit for purpose, of satisfactory quality, and as described – and if they aren’t, you’re normally entitled to a repair, replacement, or refund.
So, how do you actually get a refund or replacement for a faulty mobile handset?
Here’s what you need to know!
Have you got a faulty mobile handset complaint?
If you’ve hit a wall with a communications provider, CommsADR offers a FREE, independent route to a resolution – approved by Ofcom to settle non-regulated disputes between providers and their customers across the UK, whether you’re an individual consumer or a business with more than 10 employees.
What is a mobile handset?
The term ‘mobile handset’ is another way of referring to the physical hardware of a phone.
It encompasses the physical components that make up the device (e.g. the screen, the battery, the casing), but does not refer to the actual software, apps, or operating system on the device.
What counts as a faulty mobile handset?
If we look back at what the Consumer Rights Act 2015 says about the sale of goods, it states the following (in simple terms):
When you buy goods from a trader, the items should be:
- Of satisfactory quality
- Fit for their intended purpose
- As described
This extends to the sale of phones, which means that your new mobile handset may be considered faulty if it does not meet all of the above conditions.
Examples of mobile handsets that may be considered faulty include:
- A flickering screen
- A battery that drains abnormally quickly
- The on/off button on your phone doesn’t work
- The charging port is unstable, or doesn’t work at all
It’s important to remember:
Not all phone faults are a result of the actual mobile handset/physical hardware, and some defects may be caused either by consumer wear-and-tear, or the operating system itself, rather than an actual manufacturing defect.
How to get a phone replacement/refund for a faulty mobile handset?
If you believe you were indeed sold a faulty mobile handset, then you should take the following steps to pursue a refund or replacement.
Step 1: Contact the communications provider who sold you the mobile handset
In order for the communications provider you bought the handset from to resolve things, you need to alert them of the issue.
Explain what happened, when you first noticed the problem and what you would like the provider to do to resolve it.
If you bought the phone as part of a mobile contract, check your paperwork to establish which communications provider actually supplied the handset, and who is responsible for dealing with the complaint.
Make sure to notify them as soon as possible once you’ve noticed the issue!
The sooner you complain, the less plausible it is for the communications provider to say the issue was your fault, as a result of wear and tear.
Step 2: Raise a faulty phone complaint
If the communications provider does not resolve the issue after you’ve raised it, you should raise a formal complaint with them about the faulty mobile handset.
Again, clearly explain why you believe the mobile handset is faulty, what steps have already been taken (or not), and what outcome you’re seeking – whether this is a replacement, refund, repair, or anything else.
Once you’ve filed your formal complaint, you should give the communications provider a minimum of 8 weeks (or until they issue you a Deadlock Letter) to resolve the issue with you directly.
Step 3: Escalate your faulty phone complaint
If you’ve waited 8 weeks (or received a Deadlock Letter), and the communications provider:
- Hasn’t responded to your complaint
- Has offered an unsatisfactory resolution
- Has rejected your complaint
… Then you’re eligible to escalate your complaint outside of their internal complaints process at this stage in order to pursue a refund or replacement.
To do so, you have 2 options:
How can CommsADR help with a faulty mobile handset complaint?
If you’ve been unable to resolve your non-regulated mobile handset complaint with a communications provider, your dispute may be eligible for FREE, independent escalation through an ADR scheme (such as CommsADR); no need to take the provider to court!
To use CommsADR, you just need to make sure you’ve fulfilled at least 1 of these conditions:
- Received the communications provider’s Final Written Response
(otherwise known as a ‘Deadlock Letter’) - Given the communications provider 8 weeks to respond to your dispute
PLEASE NOTE: CommsADR can only deal with disputes concerning ‘non-regulated’ matters.
If your complaint concerns a regulated matter, you must take your complaint to either CISAS, or the Communications Ombudsman.
Not sure what the difference is between a regulated and non-regulated complaint? Please see our dedicated article on the topic here:
> Regulated VS Non-Regulated Communications Complaints: What’s the Difference?
How do I get started?
You can lodge your complaint with us for FREE in whichever way suits you – through our online portal, by post, or by phone:
> Start your complaint with CommsADR
> What to do before you come to us
Want to learn more about your Consumer Rights? Follow our social media platforms below!
