# Complaining in Spain



## snikpoh (Nov 19, 2007)

I wonder if anyone can help.

My son bought a second hand mobile last April from CEX for a LOT of money. It came with a 2 year warranty.

6 months later it broke with a known fault. He took it back and CEX replaced it.

4 months later the camera stopped working so it went back and was fixed.

3 months on the same original fault has recurred on this second phone. We took it back on Saturday. Today (Tuesday) my son got a call to say it's been to LG Technical Support and they say that the warranty has been voided (maltratado - mistreated?)


So, I guess my questions are;

If the two year warranty is with CEX, why are LG even involved?
How can we prove that it wasn't us who mistreated the phone?
What do we do now? We're going up to fill out a complaints form and also to formally denounce the shop but what else? Possibly OMIC?


Anyone any thoughts on how to proceed?


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## snikpoh (Nov 19, 2007)

I know it's complicated but ..... any thoughts?


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## Pazcat (Mar 24, 2010)

Well if the phone was originally fixed by CEX then I would assume that yes the LG warranty has probably been voided when CEX fixed it the first time. That is my guess anyway.

I would ask the same question too, why is LG involved?
I would read the LG warranty first to see exactly what it does say.

Maybe make the case to CEX that they voided the warranty in the first place, I'm sure they will love that.


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## snikpoh (Nov 19, 2007)

Pazcat said:


> Well if the phone was originally fixed by CEX then I would assume that yes the LG warranty has probably been voided when CEX fixed it the first time. That is my guess anyway.
> 
> I would ask the same question too, why is LG involved?
> I would read the LG warranty first to see exactly what it does say.
> ...


Sorry, maybe it wasn't clear, the 2 year warranty was issued by CEX (not LG).


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## Pazcat (Mar 24, 2010)

No I get that, which is why it is odd that LG are involved.
It's CEXs job to fix it as they have in all likelihood already voided the original LG warranty which is probably what LG are referring too and why CEX offer their own warranty in the first place.

Not sure if that makes sense or not and to be fair it may not even be the case but it is what it seems like.

Why would LG fix something under another companies warranty to begin with?
You only send the phone to them when it is under their warranty, surely?

Maybe you can get clarification from LG which warranty has been voided.


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## Alcalaina (Aug 6, 2010)

Sometimes just the threat of a report to OMIC wil jolt a company into action...

I had a similar problem with a camera which developed a blob on the lens just after the Amazon warranty had run out. The Panasonic warranty was still valid but the Spanish office wouldn't accept it as I'd ordered it from Amazon UK, and the UK office wouldn't accept it because I live in Spain. In the end I threatened the Spanish office with a trip to OMIC and they capitulated, even paying the postage both ways.


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## Pesky Wesky (May 10, 2009)

Or ask for those complaint forms that every shop is supposed to have, what are they called, hojas de reclamación? I've heard that that normally spurs them into action.
If they don't have them you're supposed to call the police...
Or is this a mail order thingie? I don't know what CEX is. You can of course ask the local OMIC for advice. Could be a good move anyway


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## baldilocks (Mar 7, 2010)

snikpoh said:


> I wonder if anyone can help.
> 
> My son bought a second hand mobile last April from CEX for a LOT of money. It came with a 2 year warranty.
> 
> ...


Filling out the complaint form in the official complaints book, automatically involves OMIC - it is part of the process.


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## 50cent (May 3, 2017)

In my country, after something breaks and you send it for service twice, if it happens once more, you are entitled to getting your money back.
Please kindly check for the same in Spain - I think those rules should be the same across the entire EU.

Regarding "maltratado" - some bad companies would drawn phones into water, in order to have an argument to reject warranty claims. That's why one should be careful where to buy stuff. Fortunately, it never happened to me, but the internet is unfortunately full with such stories :-/


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## snikpoh (Nov 19, 2007)

50cent said:


> In my country, after something breaks and you send it for service twice, if it happens once more, you are entitled to getting your money back.
> Please kindly check for the same in Spain - I think those rules should be the same across the entire EU.
> 
> Regarding "maltratado" - some bad companies would drawn phones into water, in order to have an argument to reject warranty claims. That's why one should be careful where to buy stuff. Fortunately, it never happened to me, but the internet is unfortunately full with such stories :-/


I'm told it's on the third time that they have to replace the item or give you your money back in Spain.

UPDATE:

When we went to their office, it turned out that they had NOT sent it to LG like they first told us.

On the original report, it was clearly documented that the phone was in a loop! The report said that someone had tried to 'hack' the software. Upon inspection, the phone was indeed now showing a very different problem - so someone had done something to it AFTER we left it with them!


Well, we've filled out the hojas de reclamacion and presented them to OCIM. They also suggested we write to LG via them to let them know what was being said and to ask if there was anything they could do.

The other suggestion OCIM made was that if that didn't work, then we should go to the small claims court (no cost to us) and someone from CEX would have to attend the court where we lodge the claim (over an hours drive for them!).

Let's see what happens next.


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## Alcalaina (Aug 6, 2010)

50cent said:


> In my country, after something breaks and you send it for service twice...


Would that be Cuba or Burundi?


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