What should I do

didgemaster

I'll tell the whole story then it won't come out in dribs and drabs

Jan2007 I bought a contract with vodafone through buymobilephones.net, with a cash back offer. This worked out just fine.

Vodafone phoned me at the end of the contract and I was put on Anytime 125 STC + 250

I get 125 mins any network any time and any unused mins roll over at the end of the month and I have stop the clock 250 texts and itemised
billing all for £9.99 per month

I have had absolutely no problems with the contract or the service. However my phone started playing up a month ago - turning itself off randomly so I popped into my local vodafone store and asked some advice.

They suggested that I update the software on the phone and if it still wasn't working they'd send it for repair as they said it was under guarantee and it would cost nothing . The software update didn't work so I went back to the shop and a totally separate person said that it was under guarantee and sent it off for repair. This took ten days and it was back yesterday.

However all is not well. It came back with a note stating that the vodaphone repair centre could not repair the phone because they were not authorised to do so as the phone had either had an unauthorised repair, unauthorised access to the device or it was foreign (shop said it was foreign). On top of this the shop apologised said that they had got it wrong and that it wasn't under their guarantee! When I went to switch the phone on I found that it had been wiped and was back to factory default. So they had obviously started the repair and then after wiping all my data decided that they are not going to finish the job.

I have talked to trading standards and they stated that under the supply of goods act 1982 any service should be carried out with due care and attention further more the that the shop has misrepresented me by telling me that my phone was under their warranty. Now I believe that they have offered me a service although not paid for and it has not been carried out with due care

I understand that I signed a bit of paper saying that I understood that I may loose the data on the phone but I only signed this on the premise of the phone being repaired

I phoned vodaphone and they told me that I should go back to the shop. The gave me a few options like being upgraded early and £15 compensation but the deals they were offering were rubbish. There was absolutely no chance I can have it repaired.

I am due for an upgrade on 26th October and my contract doesn't finish until Jan 2009.

Any body know what recourse I have. I want to get this sorted as I'm stuck with a rubbish courtesy phone for now :mad:

I think that I will write a letter to vodafone but I would like to find out what their warranty terms and conditions are first - anybody got a copy?

Cavey

You missed something. What phone make/model? Was it supplied by Vodafone or did you buy it from somewhere else?

didgemaster

Cavey wrote: »

You missed something. What phone make/model? Was it supplied by Vodafone or did you buy it from somewhere else?

Sony Ericsson W810i and I got this with the original buymobilephones.net contract. when I renewed the contract I did not get a new phone I simply carried on with the phone that I had

Cavey

The hardware should be sold fit for purpose. So if it is sold for an 18 month contract, it should last 18 months or longer. Given that you took a new contract and kept the same phone, this is not so helpful, BUT it can also be argued that consumer electronics can reasonably be expected to last 3 to 5 years, which means it could be argued that the supplier is responsible for defects over this extended period.

However, the person responsible for the goods are the original supplier, this would be buymobilephones and not Vodafone. These are therefore the people you should speak to in the event of wishing to get a warranty replacement/repair. They, of course, may redirect your enquiry to the manufacturer, but then you get bounced round the houses. There might also be a policy provided by the manufacturer above this, but I bet you haven't kept the manufacturers warranty card (I know I don't).

If buymobilephones sold you a phone that was "foreign" and you believed you were buying a UK handset, you might be able to claim under the regulations covering misrepresentation of goods.

As for the warranty replacement in Vodafone, sounds like a case of service offered, service accepted, service not delivered. The thing to look out for are the other terms such as "We wont fix your phone if it has water damage, not our product, it is beyond repair, it's a Thursday etc....". I would expect these would be shown to you in-store, clearly on display or on the piece of paper you signed. If not, then I don't think they can be enforced. Still the bigger problem is that you didn't get the handset from Vodafone, which does complicate things...

I understand why it got part-done. If you're fixing hundred of phones, the first thing you do is reset it and see if that fixes the problem THEN you dig deeper and this is when they would find it wasn't sold by them.

And a quick Google shows the phone for £110 on Amazon.

didgemaster

My gripe isn't whether my phone is in warranty or not. I don't believe nor have I ever believed that it was in warranty.

What I will complain to vodafone and subsequent bodies/authorities is that they offered me a service(telling me my phone was under warranty when it wasn't - misrepresentation) half carried it out and then not completing the service - carrying out a service without due care and skill

I'm just wondering if I might have a claim against vodafone. If I have I'm wondering what I should do. Do you think that I should suggest some amicable agreement ie I'm due for an upgrade in 2 months, why don't you carry this out early and give phone xyz

didgemaster

I sent them a letter pointing out the following (taken from letter)

" Firstly: The store has misrepresented me in informing me my phone was under guarantee when it wasn’t and sending it off for repair. I have been reliably informed by Trading Standards that this alone is a criminal offence

Secondly: The service I have been offered and accepted - Under the sales of goods act 1982 states that this must be carried out with due care and skill. I believe, as do Trading Standards, that this service has not been carried out with due care and skill as it has been half completed (i.e. the phone being wiped and reset to factory settings) before checking whether the phone was foreign or not."


I have had a call from vodafone today offering to either pay for my phone to be repaired by a third party or to have my commitment to vodafone cut by 2 months so I can be upgraded early - what sort of deals are they giving at the moment?


What do you think I should do

fiish

Have a look on the Vodafone retentions thread and you might find a deal suitable for you that you could try asking for. I personally would have my commitment cut and then ask for the PAC for good measure.