I bought a Nexus 4 from Google last August (2nd one after I lost my last one at Whinlatter). There is a known problem across the range where the phone will crash and reboot when using the camera app or apps which involve the gallery/camera. The problem is something to do with the kernel apparently, which they therefore could fix but choose not to.

I’ve been back and forth with them and they have offered me a refurb in return for my device.

Now I think that I feel like I’m owed something from Google due to me technically buying this same phone twice (I know, I didn’t have to and it was my fault I lost it). BUT my thoughts on it are that the refurb they send me will suffer from the same problem, as its a kernel (software) issue.

I’ve asked if I could instead get a refund or swap for a reburbed nexus 5 (different model). They said its against policy to swap for a different device and didn’t address the chance of a refund.

Where do I stand with this? I’ve looked at the distance selling regulations (because people always seem to offer them on the forum :wink:) but I don’t think I apply because its out of the 3 month. Is there anything legal wise which helps my case here in trying to get a refund?

Ultimately I know its cheeky of me to expect them to refund me/offer a different device since their offering me a refurbished phone in return.

tl;dr Trying to get a refund/different phone from Google as there is a known fault across the model which I own, anything legal I can mention to help my case? (Think EU distance regs are out due to length of ownership)

Oh and thanks!

Get a refurbed 4, then sell it.

Failing that, if you can prove there was something wrong when you bought it, and paid via CC, then you could have a crack at section 75.

Thanks Jamie, paid by card but not CC, shall have a read!

Known fault, you say?

I’ve been lucky enough to not have experienced this since buying mine a year ago…

stuartie_c – Member
Known fault, you say?

I’ve been lucky enough to not have experienced this since buying mine a year ago…

Have you upgraded to kitkat?

Ask them nicely again, then move on if nothing. As Jamie says take the refurb and sell it.

You’ll soon see posts about 2 year EU tech laws etc but you’ll not get anywhere with that with mobile phones, and the cost of pursuing a small claims court settlement would at very best leave you with a new phone and costs of more than the new phone would cost.

UK sale of goods act actually gives a ‘reasonable time’ or up to 6 years to return faulty goods. If it was less than 6 months old it’s easier to prove a fault as the onus is on them to prove it was not faulty at manufacture, you now have to prove it was faulty, but the only real way of playing hardball with them is small claims and you won’t get your costs or time and stress back even if you won – so there’s no real point in going down the legal route.

Have you upgraded to kitkat?

4.4.2. Most recent version, I think.

stuartie_c – see here: linky

nickdavies – Member
Ask them nicely again, then move on if nothing. As Jamie says take the refurb and sell it.

You’ll soon see posts about 2 year EU tech laws etc but you’ll not get anywhere with that with mobile phones, and the cost of pursuing a small claims court settlement would at very best leave you with a new phone and costs of more than the new phone would cost.

UK sale of goods act actually gives a ‘reasonable time’ or up to 6 years to return faulty goods. If it was less than 6 months old it’s easier to prove a fault as the onus is on them to prove it was not faulty at manufacture, you now have to prove it was faulty, but the only real way of playing hardball with them is small claims and you won’t get your costs or time and stress back even if you won – so there’s no real point in going down the legal route.

Thanks nick, I was never thinking of SCC, I’m really happy with the phone overall. It seems I’m just testing my luck! Have responded back asking about the possibility of a refund just to see if they’ll offer me something else to get out of refunding me.