Exploding Charger - O2 , Samsung or ANOVO?

[Anonymous]

Below is a picture of my Samsung charger that exploded whilst charging my Samsung Galaxy Ace phone. This happened in February 2013. I smelt a strange burning smell and then there was a flame from the charger and the phone and back of the charger were sent flying across the room.

Samsung sent the charger to ANOVO Norwich to be tested. The result - they could find no Manufacturing defect..and invoiced me £74 to repair the charger, or they offered to destroy my phone for free?! As can be clearly seen in the picture, there is a burnt out resistor with charring on the inside case of the charger. I'm no expert...but clearly a component has failed in the charger. Surely this is a manufacturing defect? 

I obviously questioned the invoice. And eventually ANOVO returned my phone and as a 'gesture of goodwill' Samsung eventually sent me a new charger.

Samsung asked me to send my phone with the charger to be tested. Immediately on return from being tested by ANOVO the phone developed a storage issue and pictures would delete and apps crash or uninstall.

The phone’s been in repair with Samsung appointed service centres 3 times and the issue hasn’t been resolved. This has been an ongoing issue for 8 months now.

I am at the stage of taking the issue to small claims court. And this is my question (sorry, it's a long story!), who should I pursue for: a replacement phone and compensation for the phone not working during pay monthly contract and the time and MANY phone calls it has taken to try and solve this issue.

Samsung state the Sales of Good Act and that I should pursue the point of sale, i.e. O2.

I have only dealt with Samsung…they saw the picture of the phone charger but wanted the phone tested.

The phone worked until it was sent to ANOVO. It’s clearly a manufacturing fault with the charger, why did they need to test (and in the course of testing damage) the phone?

I feel Samsung have contravened the Sales of Good Act in that "repairs or replacement of faulty goods should be within a reasonable time but without causing significant inconvenience"

They say in their letter to me “the amount of repairs undertaken is at Samsungs discretion”

So...what do you think I should do next?

 

[Anonymous]

The next course of action is what your
Doing.

[MI5]

I'd be banging on Samsungs door until they replaced both phone and charger with new.....

[Anonymous]

It is 02 I believe that provide the guarantee on the item sold.

Some have gone to the media to highlight such issues.

Apple have had this happen but it did turn out to be the issue of 3rd party chargers being used. I'm not saying you have.

[perksie]

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@Anonymous wrote:
 

So...what do you think I should do next?

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If O2 were the retailer then you should have gone to them first and I don't think you'll have any luck taking anyone to court until O2 have had a chance to look at the phone.

If O2 reject it you can use the Ombudsman to make a decision.

[adamtemp64 · Accepted solution]

1 Soga state the retailer  Yes but if the manufactuer offers an enhanced warranty then you can go to the manufacturer

2 Samaung offer a 2 year warranty that is in adition to the soga that lasts 2 years http://www.samsung.com/uk/support/warranty/warrantyInformation.do

So going to samsung is fine the soga is there to protect consumers

info from which explains the 2 diferent protections offered and time scales under each

http://www.which.co.uk/consumer-rights/problem/what-do-i-do-if-i-have-a-faulty-product

I would ask samsung to provide you with written details of thier 2 year warranty scheme as unlike the soga the burden of proof lies with samsung and not you as it is under the soga for goods older than 6 months.

So samsung warranty is better than the consumer protection law the sale of goods act

A legal perspective on the issue  http://www.access-legal.co.uk/free-legal-guides/whats-the-difference-between-a-guarantee-and-a-warra... whis basicly says use soga when the is no manufacturers warranty

Also a specific mobile phone Which guide again if the manufacture offers a gurantee / warranty take it up with them http://www.which.co.uk/consumer-rights/problem/my-mobile-phone-is-faulty-what-can-i-do

[Anonymous]

Brilliant, thanks adamtemp64, I appreciate your advice 

[adamtemp64]

Not realy my advice but those in the links but I do hope it helps you resolve this situation.

Let us know the outcome.