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Legal Advice Re Faulty Phone

Serj Avatar
6y, 6m agoPosted 6 years, 6 months ago
OK, i have a phone, purchased with a contract, its 7 weeks old today.

This morning it developed a fault (not caused by me), it will no longer charge, so the phone will be unusable in around 12 hours.

The phone was purchased over the phone.

I went into their shop today, and was told "we can send it away, it will be 2 weeks.

Obviously im not at all happy about this, but im not sure where i stand legally.

I have heard that the sales of goods acts states that if an item is not fit for purpose (which i deem this not to be...) then im entitled to a replacement or a refund. (I want a replacement), however, i dont know if any of that is actually true.

Secondly, if i do have to get it sent away for 2 weeks, am i entitled to a partial refund for my line rental? After all, im paying for a smart phone and its services.

Any info on where i stand would be helpful!

Thanks

J
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Serj Avatar
6y, 6m agoPosted 6 years, 6 months ago
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banned#1
Is it a Sony Ericsson?
banned#2
Hi, from my experience there isnt much you can do. O2 kept my phone for 6 weeks whilst fixing it with no loan handset and i still had to pay the contract. I think i got a small amount of compensation out of them in the end but that was only because they kept delaying sending it back.
#3
The thing is you are paying for the service not the phone probably, thus your services are still available you just need something to utilise it, ie another phone. Normally companies will provide a basic phone if they have any to use until they get your phone back. But 2 weeks is about right I'd say. I had a business contract phone before and even that took 10 days.
#4
awoodhall2003
The thing is you are paying for the service not the phone probably, thus your services are still available you just need something to utilise it, ie another phone. Normally companies will provide a basic phone if they have any to use until they get your phone back. But 2 weeks is about right I'd say. I had a business contract phone before and even that took 10 days.


This ^^^^^

Plus you would only be offered replacement if they have tried to repair the phone 3 times as it is over 28 days since you took out the phone. Within 28 days you can get a replacement.
#5
lumoruk
Is it a Sony Ericsson?


Yes its an X10

fairysel
Hi, from my experience there isnt much you can do. O2 kept my phone for 6 weeks whilst fixing it with no loan handset and i still had to pay the contract. I think i got a small amount of compensation out of them in the end but that was only because they kept delaying sending it back.




awoodhall2003
The thing is you are paying for the service not the phone probably, thus your services are still available you just need something to utilise it, ie another phone. Normally companies will provide a basic phone if they have any to use until they get your phone back. But 2 weeks is about right I'd say. I had a business contract phone before and even that took 10 days.


For the above comments, they provided me with some hardware, and they are to provide me with a service, if that hardware is defective, it is their responsibility isnt it? If i bought a TV from Currys, and it was faulty, they would just replace it. The question is, do they do that out of courtesy or legal necessity?
#6
Thing is, if im just paying for a service, and not the hardware, then assuming i were to cancel my contract (lets say within the 1st 7 days) then i could just say "well im going to keep the handset, after all, its the service alone i was paying for."

They wouldnt let me do that, so they cant argue im only paying for a service.
#7
davidn84
This ^^^^^

Plus you would only be offered replacement if they have tried to repair the phone 3 times as it is over 28 days since you took out the phone. Within 28 days you can get a replacement.

Yeah my first contract phone was a HTC Wizard and the screen kept breaking on it, as it was a business phone I was lucky and they replaced it 3 times in 18months :w00t:

Serj


For the above comments, they provided me with some hardware, and they are to provide me with a service, if that hardware is defective, it is their responsibility isnt it? If i bought a TV from Currys, and it was faulty, they would just replace it. The question is, do they do that out of courtesy or legal necessity?


I would disagree, my fiancees dads 50" samsung broke a few months ago and he had to wait 2 weeks for it to be collected, then 4 weeks for it to be repaired. No replacement.
Some places might, but its discretionary, unless its within 28days I believe.
Also you paid for the TV in cash (or credit), whereas I'd imagine your phone was 'free' (ie subsidised) thus they could try and say you didn't buy the phone you bought the services and we gave you a phone. Of course they are legally obliged to deal with any warranty they provide on the phone by law, but 2 weeks turn around I'm afraid is acceptable. You could kick up stink and perhaps get a reduced rate for the time you don't have the phone or perhaps some cash adjustment on your next bill.
Either way it will not be much unless you are on a £50+ tariff.
#8
Serj
Thing is, if im just paying for a service, and not the hardware, then assuming i were to cancel my contract (lets say within the 1st 7 days) then i could just say "well im going to keep the handset, after all, its the service alone i was paying for."

They wouldnt let me do that, so they cant argue im only paying for a service.


No because in the terms and conditions it will state if you cancel within your 'cooling off' period or under DSRs that you must return all items, including those free gifts, whether that be a phone, PS3, TV etc back to the provider. :thumbsup:
banned#9
Serj
Yes its an X10


If you have no battery charge buy a cheap charger off ebay to charge it. Then download the PC suite software then update the firmware on the phone rather than letting them have it for 2 weeks, problem solved.

Update software
http://www.sonyericsson.com/cws/support/softwaredownloads/detailed/updateservice/xperiax10?cc=gb&lc=en

Battery charger
Ebay item #: 200447409493

Lastly untangle your knickers.
#10
silly question but im guessing you dont have insurance?
#11
Just going to have to suck it up and let them repair it. The slaes of goods act is not cut and dried as you seem to think it is. They are fulfilling their obligations if you want to argue otherwise, you'd have to challenge them........
banned#12
Serj
Thing is, if im just paying for a service, and not the hardware, then assuming i were to cancel my contract (lets say within the 1st 7 days) then i could just say "well im going to keep the handset, after all, its the service alone i was paying for."

They wouldnt let me do that, so they cant argue im only paying for a service.



Yes they'd let you keep the phone if you cancelled the contract, but as it is a contract you would have to buy it out so they'd still get their money and wouldn't care about the phone.

You signed a contract and got a FREE phone so you are paying for the contract and service not the phone.

Just get a lend of or use an old phone for 2 weeks until the fix it, for all the hassle of arguing with them its not worth it and they'll just keep fobbing you off until the phone gets returned.
#13
As people have said...you have ordered the service (calls/texts etc.). If you cancel the contract you do keep the phone...but normally have to pay a term. fee to buy out the contract.
#14
lumoruk
If you have no battery charge buy a cheap charger off ebay to charge it. Then download the PC suite software then update the firmware on the phone rather than letting them have it for 2 weeks, problem solved.

Update software
http://www.sonyericsson.com/cws/support/softwaredownloads/detailed/updateservice/xperiax10?cc=gb&lc=en

Battery charger
Ebay item #: 200447409493

Lastly untangle your knickers.


I'll try the update, see how that goes..

RobInBrentwood
silly question but im guessing you dont have insurance?


I do have insurance, but theres a £30 excess, plus i dont think they pay out for warranty issues (And i dont want to "drop it down the stairs" ;) If i expect them to abide by the law, i should too :D )

tinkerbell28
Just going to have to suck it up and let them repair it. The slaes of goods act is not cut and dried as you seem to think it is. They are fulfilling their obligations if you want to argue otherwise, you'd have to challenge them........


Well, i had no idea how cut and dry it was, that why i asked! :)
#15
Serj
I'll try the update, see how that goes..



I do have insurance, but theres a £30 excess, plus i dont think they pay out for warranty issues (And i dont want to "drop it down the stairs" ;) If i expect them to abide by the law, i should too :D )



Well, i had no idea how cut and dry it was, that why i asked! :)


I know its annoying in my first 12month contract years ago I was without my phone for about 6weeks in total. Just have to suck it I'm afraid, but remember if it is repaired 3 times within the warranty then you can ask for a replacement, albeit the same phone remember. :thumbsup:
#16
Yeah looks like it, and yes it really does suck! I'll give them a call and see what i can arrange though.

Thanks for the advice folks :)
#17
Serj
Yeah looks like it, and yes it really does suck! I'll give them a call and see what i can arrange though.

Thanks for the advice folks :)


My final advice if you want to get a loan phone or a possible money off, be nice. It might seem like sense to go mad at them, but that gets customer reps backs up, be nice, polite and often they will side with you as they would expect the same. ;-)

Just the other day I got 100mins and 60texts added on this month for free by being nice and polite on the phone...and I wasnt even wanting it for free!
#18
Under Sale of Goods Act it's pretty discretionary, they have a "reasonable time" to repair or replace
SO basically if its under a month then you can't really complain sadly. It may be worth asking them to pause your contract for this time though, which they should do if you want XD
#19
Serj you are correct about the sale of goods act 1979 except I would look at it being not of merchantable quality. Because it is only 7 weeks I would argue you are either due a refund or a replacement but the difficulty is getting this as the network will not want to do it. If you stick to your gins you would probably win but it will mean you being without a phone for a while. As others have said you will still need to pay your contract as this is separate. One other thing, the Sale of Goods act states that once something is repaired the consumer then loses the right for a refund or replacement.

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