EE Contract - Faulty phone

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I had my Samsung Galaxy S4 for less than 2 months before I was prompted to update the software, which I did. After the software update the phone longer worked. I took it back to the store and they sent it off for repair. The phone came back today and while I was in store I checked the phone and it clearly hadn't been repaired and still had the same fault, so they have sent it off for repair again.

My contract is for a Galaxy S4 on a 4G network, I had the phone for 55 days before it was sent for repair. I feel it's wrong that I am paying for a contract that I can not use. I have a loan phone but it's a simple phone and not 4G compatible. What are my consumer rights?

Comments

  • GamerInfo
    GamerInfo Posts: 158 Forumite
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    I had a similar situation to yours while back and was told point blank by the mobile phone company that handset aside they were still providing the service they promised which was xx mins, xx texts, xx data per month. When i told them that my as my handset was faulty and could not use the service they provided, they suggested i buy a cheap mobile phone and i would still be able to use the service i was paying for - when i declined this as i wanted to use the handset i signed the contract for i was told that the handset was merely a free gift and did not form part of the contract.

    Unfortunately from a consumer point of view i dont think there is much you can do with regards to your phone contract - if they are still providing the mins/text/data you signed up for then im afraid you would have no grounds to cancel just because the 'free-gift' handset has become faulty.

    In terms of your handset i would say the manufacturer are the ones that should be sorting this out for you. I found Samsung to be rather efficient when my note 2 developed a screen fault - i took it in to a carphone warehouse (on their advice) and from taking it in to getting it back fully repaired was around 6 days.

    Maybe try giving Samsung a call and explaining the issue with the fact it's been in for repair but still the fault still exists?
  • Indie_Kid
    Indie_Kid Posts: 23,077 Forumite
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    I had similar problems last year. They swapped my phone for a different one.
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  • Zoe79
    Zoe79 Posts: 13 Forumite
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    I did pay £49.99 for the handset, i'm not sure if that makes a difference?
  • DevCoder
    DevCoder Posts: 3,361 Forumite
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    The airtime contract and the phone tend to be different and separate from each other.

    Thus as long as they are providing the airtime service then you are bound to that contract.
  • GamerInfo
    GamerInfo Posts: 158 Forumite
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    knowing mobile phone companies EE will probably just say - the handset was only offered at a reduced RRP because you took out the contract and therefore is a separate entity from the contract itself and does not make up part of your monthly mobile phone cost/contract. The fact you purchased the handset will probably reinforce the fact it's separate from your monthly contract.

    When you take out a new monthly mobile contract or upgrade, the handset you receive is yours to do with as you please it's in no way linked to your phone number or monthly subscription - the mobile phone companies cannot stop you from selling that handset on and so this works the other way around, they cannot be held accountable should anything happen to the handset. Some mobile companies do offer inclusive handset insurance but even in these circumstances a faulty handset would not provide automatic rights to ending the contract early.

    Without the S4 handset you are still able to use your monthly mins/texts/and data allowance by inserting the sim in to a different handset therefore they have not breached any contract and so you wouldn't be eligible for early release simply because the S4 handset doesn't work or function as expected.

    Samsung are very good at repairing phones that develop faults as long as they are not through mis-use - so i would expect them to repair and if they cannot should issue you with a new/reconditioned handset.
  • Buzby
    Buzby Posts: 8,275 Forumite
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    Your contract is for mobile phone SERVICE, the phone you got gas no relevance. Just put the SIM in another (borrowed?) handset and you continue to get what you pay for.

    From what you said, you updated the firmware and caused the handset to crater. Networks can and do refuse to handle failed customer updates as it was their choice to update an existing handset - if it went wrong, why should the network become involved? If you did the same thing to your rented car, do you think they'd fix if for free?

    The manufacturer may be sympathetic, but you have no 'right' to ruin a product and expect to be bailed out at no charge.
  • JJ_Egan
    JJ_Egan Posts: 20,281 Forumite
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    What is this fault that has not been repaired ???
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