Options when returning faulty CPW contract phone?

R0CKY

Our 2 month old Nokia 5800 under contract from CWH keeps powering down even though it is fully charged and latest software update. It just switches off regular.

When I take it back in, should they supply me with a replacement phone while it is away for repair, as I am paying monthly - or else why should I pay for the repair period when I am denied the use of the phone?

Anyone had this before?

sporedude

They'll probably give you a replacement to use while its being repaired, Wont be anything special.

philnicandamy

Can you lend me another handset while mine is being repaired?



Yes, just ask when you're in the store. You may need to pay a deposit of up to £50.

BUT they dont have to supply a loan handset (they didnt with my contract mobile)......depends what they have lying around at the time

R0CKY

So the phone has been away for repair, came back with a message that the techs could not find a fault, and they supplied a new charger incase that was the issue.

Two days later the phone is still switching itself off, and won't come back on until the battery is removed/replaced.

This is extremely annoying for a new phone.

Does anyone know where I stand in consumer law when I take it back to the shop again? When I took it away last time the guy said if it happened again to bring it back and they would send it away again, but what's the point in that? They already had a look and could not find a fault, the phone is plainly not fit for use.

mobilejunkie

There's already at least one thread on this. You will find no joy with them - they'll just keep sending it off for "repair" until it comes back worse than it started. After three "attempts" they'll offer to exchange it for a "refurbished" one. Good luck with that!

iceburn

under consumer law you are entitled to a refund but as mobilejunkie said what you are entitled to and what you get is two entirely different things.

Littlemiss27

Under consumer law you may be entitled to a full or part refund but as you got the handset on contract I presume it was free so there would be nothing to refund and you would have nothing to use your simcard in.

IIRC your handset and service are two different things and you are not automatically entitled to a refund of line rental charges. The way someone explained it to me a long time ago was that it was like having a landline and your home phone going faulty. Your landline provider is still allowed to charge you for the line as it's not the line which is faulty, it's the indepent piece of equipment accessing the line which isn't working.

No harm incalling your network and asking them nicely about a refund/discount on your line rental though.

smcaul

Littlemiss27 wrote: »

Under consumer law you may be entitled to a full or part refund but as you got the handset on contract I presume it was free so there would be nothing to refund and you would have nothing to use your simcard in.

IIRC your handset and service are two different things and you are not automatically entitled to a refund of line rental charges. The way someone explained it to me a long time ago was that it was like having a landline and your home phone going faulty. Your landline provider is still allowed to charge you for the line as it's not the line which is faulty, it's the indepent piece of equipment accessing the line which isn't working.

No harm incalling your network and asking them nicely about a refund/discount on your line rental though.

Whether it was free or not makes not a jot of difference, CPW and the OP entered into a contract to supply a phone and line rental, as a package, therefore if the phone is faulty then they need to repair, replace or refund - regardless of if it was free or cost £400, their responsibilities remain the same. As for the line rental I would feel fairly confident if it were me to take them to court and claim for the cost of the rest of the contract if they fail to fix the phone, the two were purchased as a package so are technically one thing.