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?