FAO The Manager The Carphone Warehouse Middlebrook Retail and Leisure park Horwich BL6 6HT 16 February 2003 Dear Sir, Sale of Goods Act 1979 (as amended) I refer to my purchase of an offline SIM free Ericsson T65 habdset from your store on 31 August 2002. On or around week commencing 5 October 2002 it developed serious faults, only 40 days after purchase from yourselves. The faults are as follows: 1. The handset would not recognise any SIM card inserted, thus rendering the handset unusable 2. The handset would "crash" and not perform any function even after being switched off and then on again. The handset was returned to your store for repair on 12 October 2002, and I was informed the handset would have to be sent away for repair. It was returned to me after 14 days repaired of these faults. Since this time the handset has developed further faults. The faults are: 1. The handset has developed an intermittent fault of not accepting my default PIN code after being switched off and then back on. 2. The handset "crashes" intermittently and will not perform any function even after being switched off and then on again. 3. The handset will not receive an operator signal from any network service provider over postal code area PR1 to PR9 inclusive, thus rendering the handset unusable. 4. The handset display has become corrupt, showing symptoms of a nature similar to screenburn on a computer monitor. I have read and fully understand your returns policy, but would like to take this opportunity to bring to your attention that due to the time I have spent returning to your store, time spent waiting for the handset to be repaired and due to the extreme inconvenience I have suffered, I would ask that you refund all monies paid as a gesture of goodwill on your behalf. As further support of my request, please find enclosed a copy of an email received from Mr C D, in which he offers further assistance with regard to my problem. I have emailed Mr D with regard to this matter and as of even date am awaiting a reply. Section 14 of the above act gives me certain rights with regard to the sale of goods, including implied terms about the fitness of the goods for their purpose, and that they should be of a satisfactory quality. In any event, the fact that the goods that you supplied became faulty after only 40 days indicated to me that they were inherently faulty at the date of purchase. I consider therefore that you are in breach of contract and I hereby reject those goods and claim a full refund of monies paid. I look forward to my refund as soon as possible but in any event within 14 days. If you do not agree to reimburse me I will consider pursuing a small claims action against you for recovery of this sum without further reference. Yours Faithfully Mr S C Shaw Return to Carphone Warehouse Complaint page