Consumer Rights Query

[Andypm]

I have a z_flip 5. I've had it since October. The screen developed a green line across the width of the phone in the location of the hinge. I noticed that one of the internal hinge covers was mounted sideways. Not obvious on a day to day basis but clearly not right and you  notice it when the phone goes wrong. 

I spoke to Samsung who sent it to an authorised agent for inspection. They said the warranty is void and have highlighted a tiny area of damage. Where I hear you as? Directly over the incorrectly mounted hinge cover and where the hinge cover has clearly put pressure on the screen!! However Samsung seem to refuse to comment on the manufacturing fault and just want to claim it is impact damage and so their warranty is void.

My understanding is that if the phone has a clear manufacturing fault then it should be repaired or replaced under the Consumer Rights Act 2015. I cannot get anybody to acknowledge this at Samsung and so wondered if anybody can advise on any contacts they have at Samsung who may actually understand that the Consumer Rights Act overrides any warranty conditions they may chosen to place on the phone. I fail to see how they can maintain that the damage is my fault inight if such clear evidence as shiwn in photos below. 

Correct hinge cover (rough outline in red) with correct seating of cover in key area marked in green

 incorrect hinge cover  (rough outline in red) with cover bent in under the damaged area of screen marked green. 

 

[srs0591]

I would seek out an independent repair specialist to access this and provide a report should they believe this to be a defect during assembly. You won't get much support from manufacturers. Could you return it to your retailer and make a claim with them?

[Piper123]

Hey there

Ok, so through the Consumer Rights Directive 2015, you have certain rights.

1. Was the defect likely to have been present at manufacturer (hard to prove but.....)

2. Can you reasonably expect the device to handle reasonable use within a reasonable time frame (yes in my view).

As Samsung are being their typically usually helpful selves, my first question is "how did you pay for it".

If you paid by CREDIT card (not debit card) then I would approach your card issuer and proceed with a Section 75 Claim against your card issuer (don't worry, this won't affect your credit rating). Your card issuer will initially reach out to Samsung to try to agree a solution. If that isn't successful, your card issuer has to consider your claim under Section 75 and if they say no, you can also take your card issuer (in most circumstances) to the Financial Ombudsman.

You are far more likely to get a positive outcome through Section 75 than trying to engage Samsung Customer Service, believe me, I know.

For clarity, if you paid by debit card, you can ask your bank to attempt a chargeback. Not guaranteed but worth asking.

For anyone else reading this, Section 75 gives huge additional protections when using your UK issued credit card for purchases where the item is greater then £100. (Buying more than one item? The one you're claiming for must itself be over £100). Always pay be credit card online over £100. 👌

[Piper123]

Ok so this really depends on how you paid for the device....

1. Paid by CREDIT card - go for Section 75 Claim via your card issuer.

2. Paid by Debit Card - ask your card issuer to action a chargeback (not a right but can be successful).

3. Go for small claims court action for the full value you paid for the device.

Samsung appear to be using the slightest (and frequently irrelevant) marks or damage to invalidate the warranty.

[Piper123]

In terms of the Consumer Rights Directive 2015, firstly we are all afforded many more legal rights than manufacturers would like us to. Most Samsung Customer Service agents are completely oblivious to it and won't recognise it in their scripts.

A device such as a mobile phone must be "of reasonable quality" and must "last a reasonable length of time". There is a growing view in legal circles that for electronic equipment 6 years may be the optimum but this hasn't been tested in law really yet.

If you can prove the fault was there at the time of manufacture, you have a good claim as well.

Clearly I haven't seen the device so cannot comment but if you think Samsung are wrong in their invalidating of your warranty, myself I would:

1. Go for Section 75 if applicable,
2. Go for Small Claims Court for the full value of the device.

Good luck 👌

[Piper123]

Why have 2 replies of mine been deleted from this thread?

[Piper123]

The Consumer Rights Directive 2015 Act applies for purchases in the UK and broadly replaced The Sales of Goods Act 1974 (as amended). It was designed to protect consumers and suppliers cannot (there are exceptions) by law ignore it.

So, if your device meets the requirements of the Consumer Rights Directive 2015 (which from what you say then it may well do in my opinion) then you would have rights.

Samsung Customer Service agents are oblivious to this. I know, I've had the same discussions with them a few times and they do not respond to questions about it.

My earlier comments in this thread still stand, but given the value of the device, I would definitely pursue it.

Good luck 👌

[Obsydian]

If you purchased with a credit card ask them to reverse charge under section 75.

If you did not use a credit card a small claims court is the route, but is painfully slow.

[sambo79]

I have had very similar issues with them. Flip 4, 12 months old, very vert well looked after always in protective case. Lower half of the screen suddenly became blank, for no reason what so ever. The screen protector cracked on fold over time, which i think was the cause of this however the became totally unusable. Made a video of the phone in the EE shop before sending it away for repair. The phone was returned unrepairad, and i was told because I had removing the screen protector (which I 1000% did not, video footage proving this) the warranty was void, and no repair would be made. Appealed along with video proof, and again, this was rejected.
Due to this, I will be cancelling my contracts on a number of phones and going to use Apple phones instead as well as a different network provider. It's absolute waste i
Of money and time and a total disgrace. These companies are that big they don't give a hoot about their customers, and we have become nothing more than a tiny speck in their market who mean nothing to them. We no longer have rights in this ***** corporate world we live in.

[Members_kCJ64sf]

This is exactly the issue I have had to be told it's my fault and nothing they can do.. rambled on about how I agreed to terms and conditions. Basically robbed us all of money for their ***** phones that can't even last one year. Then when the flip fails before one year turn it around and blame the customer who are still paying for the privilege of owning such a ***** phone. I will never be buying another Samsung. Shocking after support for these flip phones not fit for purpose. You wouldn't get this with apple!