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Re: Section 75 Question...
Revised:
Revised:
On 13th April, 2014, I purchased a SIM Free Samsung Galaxy S5 mobile phone from a Phones 4U outlet in Cambridge, using the above card to pay the full sum of £569.95. No mobile phone tariff/contract or insurance policy was offered, nor taken with this purchase.
I was advised by the representative who processed the payment to keep my receipt as he handed it to me (copy enclosed), and to take the phone back to the store if I experienced any issues over the next 24 months, as I would be able to get an immediate replacement.
The phone has continually proven to be faulty and not fit for purpose as it overheats (to the point that it is too hot to have against the body, i.e. resting on leg, in shirt pocket etc…), and the most recent occurrence of this led to a crack forming in the glass lens cover on the back of the phone. The overheating also causes the battery to drain rapidly (a full charge can drain in less than an hour – whereas it can last me up to 2 days of normal usage when the issue is not present).
Additionally, there is a Twitter account dedicated to Samsung products’ screens/lenses cracking on their own accord: https://twitter.com/GalaxyCracks - which further reinforces my statements above, and reinforces the grounds on which I require a full refund.
As you are more than likely aware following the mass media coverage, this national retailer has gone into administration, so I am now looking to you to provide a full refund, on the principle that this is a common fault with this model.
I base my claim on Section 75 of the Consumer Credit Act 1974 which makes you jointly and severally liable for any breaches committed by the retailer.
I look forward to a swift resolution, within 14 days from the date on this letter.
I was advised by the representative who processed the payment to keep my receipt as he handed it to me (copy enclosed), and to take the phone back to the store if I experienced any issues over the next 24 months, as I would be able to get an immediate replacement.
The phone has continually proven to be faulty and not fit for purpose as it overheats (to the point that it is too hot to have against the body, i.e. resting on leg, in shirt pocket etc…), and the most recent occurrence of this led to a crack forming in the glass lens cover on the back of the phone. The overheating also causes the battery to drain rapidly (a full charge can drain in less than an hour – whereas it can last me up to 2 days of normal usage when the issue is not present).
Additionally, there is a Twitter account dedicated to Samsung products’ screens/lenses cracking on their own accord: https://twitter.com/GalaxyCracks - which further reinforces my statements above, and reinforces the grounds on which I require a full refund.
As you are more than likely aware following the mass media coverage, this national retailer has gone into administration, so I am now looking to you to provide a full refund, on the principle that this is a common fault with this model.
I base my claim on Section 75 of the Consumer Credit Act 1974 which makes you jointly and severally liable for any breaches committed by the retailer.
I look forward to a swift resolution, within 14 days from the date on this letter.
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