1 Stop using your phone

As soon as you realise there’s a problem with your mobile phone, stop using it. If you have to make a legal claim, it may damage your case if you continue to use it after you know there’s a problem.

2 Contact your operator or retailer

If your mobile phone is part of your contract, your claim would be against your mobile phone service provider and you may be entitled to a free repair or replacement as part of your contract. 

It’s worth checking your mobile operator’s terms and conditions to see what you’re entitled to. 

If you bought the phone yourself, contact the retailer explaining the problem. Tell it you want to reject the phone and get your money back. 

Legally, you only have 30 days to reject something and get your money back.   

If the phone is within its guarantee period, check to see if the guarantee offers a refund for your particular fault. 

If it doesn't, you could still contact the manufacturer and explain the problem, asking if it will give you a refund.

3 Formally reject the phone 

If the retailer or the manufacturer won't help, and you’re within the 30 day right to reject your phone, write to the retailer (not the manufacturer) formally rejecting the product under the Consumer Rights Act (which replaced the Sale of Goods Act on 1 October 2015).

If you think you’re beyond the limit for rejecting the product, you should ask for a free repair or replacement.

4 Claim against your credit card 

If you get no response from the retailer or if it's gone bust, you can take a claim to your credit card company, providing you paid for your phone by credit card in the first instance. 

Under Section 75 of the Consumer Credit Act the credit card provider is jointly liable with the retailer. 

Write to your credit card provider outlining the fault with your phone and explain that you wish to reject your phone and get a refund. 

Please tell us what you think of the Which? Consumer Rights website.

Your feedback is vital in helping us improve this site. All data will be treated confidentially. This survey will take approximately 5 minutes to complete.

Please take our survey so we can improve our website for you and others like you.