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Orange Refusing to Repair 7 Month Old Phone

£0.00 @ Orange
I am currently having issues with Orange. I took out an 18 month contract with them last December, i received a Sony Ericsson C905 as part of my contract (I paid £160 for the phone) , a month later… Read More
Tatey Avatar
7y, 8m agoPosted 7 years, 8 months ago
I am currently having issues with Orange.

I took out an 18 month contract with them last December, i received a Sony Ericsson C905 as part of my contract (I paid £160 for the phone) , a month later the phone developed a fault (the slider was misaligned and scratched the key pad, this was a common fault), Orange sent me a new phone and took away my faulty one. 7 months later the new phone has developed a new fault, the earpiece speaker has failed, meaning when phoning someone, they can hear me, but i can't hear them. I can hear them when i put them on speaker phone though.

I rang Orange trying to get my phone replaced but they have refused, saying that because the phone is more than 6 months old, that i need to send the phone to Sony Ericsson to be repaired. After doing some research i feel that this is untrue. I emailed Orange to say that i was not happy with them telling me to send the phone to SE as i feel they should repair the phone as they were the ones who sold me the phone, and i quoted the Sales of Goods Act, to which they keep trying to fob me off with, saying:

'The Sale and Supply of Goods to Consumer Regulations 2002 relate to - if a fault develops within the first 6 months then it is deemed that the fault was apparent at the point of sale and the consumer needs to return to the place of purchase. After 6 months of usage the onus is then reversed and it is up to the consumer to prove the fault. As the equipment is now over 6 months old the customer would need to contact the manufacturer of the goods in order to obtain a repair/replacement of goods.'

I have replied back to them to show me where it says in the sales of goods act that i need to send the phone back to the manufacturer because it is more than 6 months old. And i linked them to the this Citizens Advice Bureau show that they are either misinterpreting the act, or trying to fob me off:

Could someone please confirm that i am actually in the right on this issue, and Orange are in fact just trying to get out of their legal duties? Or am i actually misinterpreting the act?

If i am in the right and Orange still deny that they need to repair or replace my phone, where do i stand? What can i do to convince them that they need to?

Thanks
Simon
Other Links From Orange:
Tatey Avatar
7y, 8m agoPosted 7 years, 8 months ago
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#1
you have posted that if its older then 6 Months old the onus is on you the consumer to prove it's faulty as well as you needing to to contact the manufacturer.. Which is what Orange are telling you.

I am currently having issues with Orange.

I took out an 18 month contract with them last December, i received a Sony Ericsson C905 as part of my contract (I paid £160 for the phone) , a month later the phone developed a fault (the slider was misaligned and scratched the key pad, this was a common fault), Orange sent me a new phone and took away my faulty one. 7 months later the new phone has developed a new fault, the earpiece speaker has failed, meaning when phoning someone, they can hear me, but i can't hear them. I can hear them when i put them on speaker phone though.

I rang Orange trying to get my phone replaced but they have refused, saying that because the phone is more than 6 months old, that i need to send the phone to Sony Ericsson to be repaired. After doing some research i feel that this is untrue. I emailed Orange to say that i was not happy with them telling me to send the phone to SE as i feel they should repair the phone as they were the ones who sold me the phone, and i quoted the Sales of Goods Act, to which they keep trying to fob me off with, saying:

'The Sale and Supply of Goods to Consumer Regulations 2002 relate to - if a fault develops within the first 6 months then it is deemed that the fault was apparent at the point of sale and the consumer needs to return to the place of purchase. After 6 months of usage the onus is then reversed and it is up to the consumer to prove the fault. As the equipment is now over 6 months old the customer would need to contact the manufacturer of the goods in order to obtain a repair/replacement of goods.'

I have replied back to them to show me where it says in the sales of goods act that i need to send the phone back to the manufacturer because it is more than 6 months old. And i linked them to the this Citizens Advice Bureau show that they are either misinterpreting the act, or trying to fob me off:
Could someone please confirm that i am actually in the right on this issue, and Orange are in fact just trying to get out of their legal duties? Or am i actually misinterpreting the act?

If i am in the right and Orange still deny that they need to repair or replace my phone, where do i stand? What can i do to convince them that they need to?

Thanks
Simon
#2
Where in the sales of goods act does it state that it needs to be returned to the manufacturer? Orange just keep saying it to me, but i can't find it. The paragraph that you have highlighted is part of a response i received back from them, the first bit is in the sales of goods act, but the second part i can't find.
#3
I have just taken my exact phone with the same problem into 02, i got my phone in january, they have taken the phone, but ithink that they are sending it to sony... not 100% sure on this though... i know this doesnt help. But maybe this website can, http://www.consumerdirect.gov.uk/after_you_buy/
#4
Tatey
Where in the sales of goods act does it state that it needs to be returned to the manufacturer? Orange just keep saying it to me, but i can't find it. The paragraph that you have highlighted is part of a response i received back from them, the first bit is in the sales of goods act, but the second part i can't find.


Sorry I thought you were quoting from said document.

http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html#Q6IsittruethatIhavetocomplaintothemanufacturer
banned#5
i thought after 28 days they only had to offer a repair
#6
sassie
i thought after 28 days they only had to offer a repair


see link above
#7
I'll be happy if they repair the phone for me, just at their cost not mine. At the moment they are refusing to and say i should send it to SE (at my cost).
#8
I don't know anything about the SOGA but the fault you're describing is a common problem with the C905 - happened to mine, and I've seen loads of other reports about the same issue happening to other people. There's clearly a manufacturing problem with the earlier C905s (got mine around the same time as you) and Orange must be aware of this.
#9
Its free to send to sony and sony offer a 2 year warrenty on all phones, so just send it back to sony for free.
banned#10
Tatey
I'll be happy if they repair the phone for me, just at their cost not mine. At the moment they are refusing to and say i should send it to SE (at my cost).


i think if you contact sony they will arrange a pic up no?
#11
After i got the phone i started hearing about all of the issues with the phone, but it was too late then. I have made Orange aware that this is a common fault and when i rang up earlier on in the week the person on the phone said it was a common fault.

Sony want me to send the phone to a freepost address (they dont actually do their own repairs, they have another company do them), but i'm not willing to send the phone to the free post address, unless its sent via Special Delivery, otherwise it's not going to be insured, and the fact that royal mail are starting to strike, it will no doubt get lost in the post.
banned#12
hold in C while in call to hear

this fone is a baersteward and i actually got a tocco then it was crap so got a diamond.

took the chance to jump from orange to voda and now got blackberry 8900
banned#13
Tatey
After i got the phone i started hearing about all of the issues with the phone, but it was too late then. I have made Orange aware that this is a common fault and when i rang up earlier on in the week the person on the phone said it was a common fault.

Sony want me to send the phone to a freepost address (they dont actually do their own repairs, they have another company do them), but i'm not willing to send the phone to the free post address, unless its sent via Special Delivery, otherwise it's not going to be insured, and the fact that royal mail are starting to strike, it will no doubt get lost in the post.


did you explain this to sony? and what was their reposnse
#14
Sony didn't seem to want to know about the insurance issue with royal mail, they just said i'd need to check if its insured with royal mail.
#15
Send it to SE and the earpiece will be replaced.... End off... :)

Actually it will be Kuehne + Nagel you return it to to be repaired FOC

maxmix

PS Always add the extra for SD when returning your handset, then you are covered up to £500
banned#16
Tatey
Sony didn't seem to want to know about the insurance issue with royal mail, they just said i'd need to check if its insured with royal mail.


so you would rather have a phone that doesnt work than pay for the few quid to get it sorted, slighly confused as to why, well not confused, i understand you dont want to spend the couple of quid but i dont think you gonna get anywhere with this
#17
I have a Samsung phone that is 1 month old and needed to be fixed. I phoned up Samsung and they offered to free ship it to them to repair or just bring into a authorized repair center near me.

Check with SE, they should have one or the other. It never even occurred to me that I could contact the point of sales to replace or repair the phone for me.
#18
Originally i was going to send it straight to SE to get repaired, but Orange messed me around so out of principle i want them to replace it, and i dont want this to occur again if another phone breaks when im with Orange. I dont make too many phone calls anyway and i've put up with the issue for the past 3 weeks.
banned#19
Tatey
Originally i was going to send it straight to SE to get repaired, but Orange messed me around so out of principle i want them to replace it, and i dont want this to occur again if another phone breaks when im with Orange. I dont make too many phone calls anyway and i've put up with the issue for the past 3 weeks.


i dont think you will get them to replace it, replacing the phone doesnt meant it wont happen again, but if they fix this and it does happen again then you can start pushing for a replacement, the old fault has nothing to do with the new fault so cannot pus on that score, you could try contacting sony again and push for the special delivery but again doubt you will get to far
#20
No chance of them replacing it lol you will get a new £1.78 earpiece fitted and your warranty runs on lol

maxmix
#21
Take it to CPW, they have engineers that will look at it, and then send it to SE if they can't do it instore.

Call them first, but I don't think it's only phones that they supplied.
#22
The wifi on my iphone stopped working, took it into the Apple store, walked out with a brand new handset.

Pays your monies, takes ya choice!
#23
ms2005
The wifi on my iphone stopped working, took it into the Apple store, walked out with a brand new handset.

Pays your monies, takes ya choice!


You certainly pay your money with an i-phone.
#24
As I said SE have nothing to do with this now, Normally Kuehne + Nagel (SE authorised repairers) will replace the faulty part and return within 7 days...

With the crazy posties now though you will wait longer lol

maxmix
#25
The phone is still under manufacturers warranty. Just take it to a Carphone Warehouse (you don't need to buy it from them) who will arrange a repair under warranty.
#26
Orange are right, if purchased direct from them they only supply 6 months warrenty on h/set, if you get a replacement within the 1st 6 months they give u a 90 warrenty within orange for future faults, after this time expires your only left with the manufacturors warrenty.

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