A FURIOUS mobile-phone user is threatening to go to the Small Claims Court over a dispute with Carphone Warehouse which dates back a year. Darryl Moore, who was then living in London Colney, bought a Siemens pay-as-you-go phone for £79.99 from Carphone Wa

A FURIOUS mobile-phone user is threatening to go to the Small Claims Court over a dispute with Carphone Warehouse which dates back a year. Darryl Moore, who was then living in London Colney, bought a Siemens pay-as-you-go phone for £79.99 from Carphone Warehouse in the Sainsbury's store in the village in December 2004. He maintained he took it back in January, three-and-a-half weeks after purchasing it because it was not working properly and was told it would be repaired. But even though Darryl said he kept in constant contact with the store, it was not returned to him and eventually he was told in October than the phone had been destroyed. By that time he was dealing with a different manager at the store but decided to contact head office direct. He emailed chief executive and founder Charles Dunstone and a month later he had a call from someone on his behalf saying the company was prepared to offer him a reconditioned phone. Darryl, who works in a warehouse, maintains he kept a constant check on the phone repair by frequently calling in at the London Colney store but the company said they could not verify his claim that he had been in twice within the first 60 days, after which time the phone had been destroyed. He has also since been told that when the phone was first brought back for repair, it had been damaged by water but he denies that was the case. He said: "I have tried explaining to them that I will have to go through the county court to get my money back and I will claim petrol, phone bills, inconvenience and the price of a new phone but all they say is they will give me a reconditioned phone." Darryl added: "I have had all this aggro for nearly a year now and I have wasted so much time. I haven't filled out the court paperwork and I won't if they come up with a full refund." A spokesperson for Carphone Warehouse maintained that Darryl had returned the phone to London Colney outside the 28-day warranty period and it appeared to have been water damaged. The company went ahead with a repair but had no record of contact from him and after 60 days, they had destroyed the phone which was their policy with unclaimed repairs. Darryl had been offered a refurbished phone because the original had been water damaged, she added. It was the same specification as his original and guaranteed in the same way. Alternatively the company was prepared to offer him 10 per cent off the cost of a new phone.