Consumer Rights Act - faulty mobile phone

roundthebend

Wondering if anyone has any experience or advice around this.
My son bought a Wileyfox Storm mobile phone from an online retailer, but who happen to have their unit near where we live so it was collected direct.

After a couple of months it developed a fault where it would restart itself frequently with no prompting or warning. We took it back and they sent it away for assessment. It came back 2 weeks later having been "repaired".

Immediately it started to do the same thing so we took it back again and asked for a refund. They said they would send it away again for assessment and then get the refund to us ASAP.

We've now had an email saying they have decided to repair it - "I would like to inform you the returns department has notified me as your order has aged we will get it reapired rather refunded."

(Spelling mistake was in their email!).

On reading this Which? page I believe we have a right to a refund because they have already tried to repair it unsuccessfully.
http://www.which.co.uk/consumer-rights/advice/what-do-i-do-if-i-have-a-faulty-product

"If the attempt at a repair or replacement is unsuccessful, you can then claim a refund or a price reduction if you wish to keep the product."

How should we proceed?

fretmeister

Threaten trading standards report and Small Claims Court.

Sporky

Or, if you bought with a credit card, get the credit card company to sort it.

roundthebend

Sporky said:

Or, if you bought with a credit card, get the credit card company to sort it.

Does a Visa Debit card count the same? I believe it's Visa that offer the service, not just Credit Cards.

Sporky

I think it's part of the credit agreement, so you don't get the same protection with a debit card.

grungebob

Visa debit counts if the purchase price was over £100.  They had one chance to provide an effective long term resolution to your problem, they have failed and as you already know it seems you are entitled to a full refund. If you bought it after October last year write to them stating the fact and your entitlements under the sales of goods act 2015. 

Sporky

Oooh. That's good to know.

roundthebend

grungebob said:

Visa debit counts if the purchase price was over £100.  They had one chance to provide an effective long term resolution to your problem, they have failed and as you already know it seems you are entitled to a full refund. If you bought it after October last year write to them stating the fact and your entitlements under the sales of goods act 2015. 

Consumer Rights Act now, Sale of Goods is no longer law. But otherwise you've confirmed what I read elsewhere.
The phone was bought in July this year.

grungebob

Ah apologies, tried to respond and do work at same time.