Contract phones, legal or not?

melodiemaker

Hi, Im having a nightmare with 3 at the moment as my phone is under 12 months old and has LCD leakage along with the fact the screen buttons do not work. My argument is that they refuse to repair the phone for free as it isnt covered by warrenty and they wont give me a new phone or upgrade as my 'contract' is not up until June. So I have a phone I cant use and have to pay £35 a month until June for the pleaseure!
Ive cancelled my direct debit now and have asked for a copy of my contract that I never actually got with the phone when I took it out originally. I have had a letter stating the length of contract but thats it?? If I havent actually seen a contract or signed one then why is it legally binding, or isnt it??

agsnu

The terms are available on their web site, and you clicked the button saying you agree to the terms when you placed an order.

However, EU Directive 1999/44/EC (implemented in the UK by The Sale and Supply of Goods to Consumers Regulations 2002) states that they must provide a warranty up to 2 years.

spirit

Has the phone been dropped or otherwise suffered impact damage? this is the usual reason for the LCD leakage. Accidental damage isn't covered by manufacturers warranty, only mechanical breakdown.

they should be able to have it repaired for you but it would be chargeable if it was accidental damage.


If you have insurance on the phone then the replacement (not an upgrade just a like for like exchange) will be covered.

rash.m2k

baaaaaaaddd move, canceling your Direct debit will only damage your credit rating.......

I suggest you set up the DD again. Then with a cool head tell us the make and model of the handset.

lawbunny

They are not saying that the phone does not have a two year warranty. They are saying that the faults you have are not covered by warranty: the warranty is only for actualy faults of the handset - any faults caused by accidental damage or misuse are not covered.

If you damage the phone part way through the contract that is not grounds to get out of the contract early. The only way you would have a case to get out of the contract is if it was an inherent fault in the handset and they were refusing to repair it as per their responsibility under SOGA.

Quentin

rash.m2k wrote: »

baaaaaaaddd move, canceling your Direct debit will only damage your credit rating.......

I suggest you set up the DD again. Then with a cool head tell us the make and model of the handset.

Bad advice!

Not paying by direct debit doesn't damage anybody's credit rating.

It's not paying the bills at all that damages your rating. (You an pay 3 by other ways than direct debit - eg over the phone if you want)

rash.m2k

Quentin wrote: »

Bad advice!

Not paying by direct debit doesn't damage anybody's credit rating.

It's not paying the bills at all that damages your rating. (You an pay 3 by other ways than direct debit - eg over the phone if you want)

Take a few seconds to read between the lines would you please? It's obvious the reason DD was canceled it so OP didn't want to pay the bills.

Whatever you do make sure you pay the bills, via DD or otherwise, as that will damage your credit rating.

proplusplus

buy a cheap PAYG '3' handset or a 3G compatible one which is unlocked - pop your SIM in and you're set. sell your faulty one for a few quid on ebay or wherever.

shouldn't be much of an issue.

as advised, you shouldn't stop paying your bills - that's where you start getting into trouble re: credit rating etc...


proplusplus

Abbafan1972

proplusplus wrote: »

buy a cheap PAYG '3' handset or a 3G compatible one which is unlocked - pop your SIM in and you're set. sell your faulty one for a few quid on ebay or wherever.

shouldn't be much of an issue.

as advised, you shouldn't stop paying your bills - that's where you start getting into trouble re: credit rating etc...


proplusplus

I would agree with this and at the end of your contract dump 3 and go with another provider. O2 are fab imo.

Quentin

rash.m2k wrote: »

Take a few seconds to read between the lines would you please?

How do you mean?

(There is just an empty space between your lines!)

This is the incorrect statement you made which I commented on:

canceling your Direct debit will only damage your credit rating

That is incorrect, so what is the point you are now trying to make?

stugib

Quentin wrote: »

How do you mean?

(There is just an empty space between your lines!)

This is the incorrect statement you made which I commented on:

C'mon Quentin, you're being a bit picky! Yes, simply cancelling the DD in itself will not affect your credit rating, but the intention of the OP in cancelling the DD ('reading between the lines' in that post) is clearly to refuse to pay what he's contractually agreed to as a way to force 3's hand and fix the phone, and that will eventually have an effect if he's in arrears. Better to resolve the warranty issue separately from payment terms, given 3 haven't broken the contract AFAICS.