Legal Question in Consumer Law in North Carolina

I payed a man $65 to fix my flashed cricket service phone's charging problem he said ok and took the money and told me to come back in a few hours to pick my phone up. when i returned i got my phone back and went home to test it. the phone still has the same charging problem and now not only that i find out that he has took the whole chip out of my phone and replaced it with one in his shop of sprint service claiming it was better. i told him that is not what i wanted because it would cost an additional $30 that he didn't mention the first time to get my phone reactivated and flashed. so i asked could he put my phone's system chip back in my phone and give me my refund he said no. after a long debate he agreed to take my system chip out the other phone and give it back to me but refused to put it back in my phone or give me a refund. now im stuck with the same problem plus a phone with no service or my contacts, apps, etc... What legal action can i take?

Asked on 5/09/13, 10:00 pm

1 Answer from Attorneys

Kenneth Love Ken Love Law
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This is a difficult situation. Because you are dealing with a relatively low amount of money suing may not be worth it. Also, you need to make sure you have a written agreement or quote for the services he was to supply. Without this, you will have a difficult time proving what he was to do.

You should also look at the warranty on your phone. It sounds like you went to an unauthorized repair shop and if you did so, you may have voided the warranty on the phone. It is always best to go back to the dealer or an authorized repair facility and get a quote before doing anything else.

Also, when you get repair work done, if you pay in advance and don't get a warranty, sometimes it is buyer beware. A warranty would protect you as it would say that the repair WILL fix the problem. Without that a repairman can say I solved the problem but you have other issues causing the problems.

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Answered on 5/11/13, 6:16 pm

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