Tmobile Mis-sold Google Phone??

maximus0983

Hi,

On 17 January 2009 I was sold a Google G1 Phone by a sales rep. I requested a phone that could handle emails, internet and obviously alot of calls.

It worked fine for about 3 / 4 weeks and then problems began. Battery life became poor, kept switching off and now it doesnt even get any reception or turn on.

tmobile have said they will only repair the phone. i am expected to keep the phone for 18 months and just after 6 weeks it fails on me.

I have taken out their fonesafe insurance as my bank insurance doesnt cover me for a G1.

Anyone know of a loophole or a way out of this? i want the contract but with it i just want a phone that will do what it says.

i was happy with my blackberry but this technology looked really good.

help!

thanks

dacouch

You have to give them the opportunity to repair the phone first

maximus0983

i dont mind that but apparently they have said it will take a minimum of 15 working days for me to get my handset back. anyone know where i can sell it? not ebay. forums etc?

OlliesDad

The only places you could sell would be the ones you have already listed, or to a second hand mobile shop, but you would still be responsible for the contract.

The only way you would be able to find a way out is if it continually breaks an then you can claim on the SOGA.

lynzpower

Ill watch this thread with interest.

Mobile phones of all sorts give uop the ghost after a few weeks- wouldnt moneysavers suggest that says its not fit for purpose?

Id hav eno problem taking apair of shoes back if they fell apart after 4 weeks and getting a refund- why are phones different?

OlliesDad

If a product fails after more than a resonable amount of time (normally 4 weeks or a month but this is hotly discussed) it is up to the retailer to offer a refund, replacement or a repair (it is the retailers choice). In addition if the item has been used the consumer loses their right to an automatic refund.

With electrical equipment is normally repairable, so this s the option commonly offered. With clothing it is less easy to fix, so you are more likely to be offered a erplacement or a refund, although the retailer would be within its right to offer repair.

maximus0983

i would think its not fit for purpose but tmobile have said i only have 7 days cooling off for that. the guy on the phone said the retail law doesnt apply to mobile phones. my area of expertise is travel not law so i have no idea if he is right or not.

plus i dont have the money to fight them legally. i am relying only on this forum and google for advice.

i dont mind keeping the contract because its a good deal. i just want a decent handset.

OlliesDad ----> whats SOGA?

OlliesDad

maximus0983 wrote: »

i would think its not fit for purpose but tmobile have said i only have 7 days cooling off for that. the guy on the phone said the retail law doesnt apply to mobile phones. my area of expertise is travel not law so i have no idea if he is right or not.

plus i dont have the money to fight them legally. i am relying only on this forum and google for advice.

i dont mind keeping the contract because its a good deal. i just want a decent handset.

OlliesDad ----> whats SOGA?

Sales of Goods Act

maximus0983

so basically right now i have to send it for repair?

lynzpower

Have you spoken to your local trading standards departmetn?

OlliesDad

maximus0983 wrote: »

so basically right now i have to send it for repair?

Unfortunately so. If they are unable to repair it within a reasonable amount of time they then have to offer a replacement or a refund, one again their choice.

The SOGA is very vague so "reasonabl amount of time" is up for interpretation, but normally up to a month would be reasonable.