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Mobile phone fault

Hi I purchases a nokia N97 3 months ago on a 24 month contract. I paid for the phone as it made the tariff cheaper overall. Now the side bar has fallen off which means it can still be used but only by one way rather than two. It does make it inconvenient. I am after some advice about what to say to the retailer as I think it is their responsibility rather than network providers to fix it. Thanks

Comments

  • It depends on whether the fault was inherent to the phone when you purchased it or whether it has happened through mis-use (ie it's been dropped, banged alot while in your pocket/bag etc). While it may not be mis-use, it is quite hard to prove that the fault was inherent with the phone unless it happens within the first few months of the contract.

    Contact your network and see what they say first, as you have only had it for 3 months then they should be able to help. If that fails - then consider contacting the manufacturer (with the warranty/receipt paperwork etc).
  • pinkshoes
    pinkshoes Posts: 20,607 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Surely in the first 6 months, it's up to the manufacturer to prove that it wasn't faulty?
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • pmduk
    pmduk Posts: 10,683 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 15 October 2009 at 9:36PM
    pinkshoes wrote: »
    Surely in the first 6 months, it's up to the manufacturer to prove that it wasn't faulty?

    Your contract is with the retailer. It's for them to prove, although in my experience the mobile phone industry makes it's own rules up.
  • Mark_Hewitt
    Mark_Hewitt Posts: 2,098 Forumite
    pmduk wrote: »
    Your contract is with the retailer. It's for them to prove, although in my experience the mobile phone industry makes it's own rules up.

    Indeed. I bought an N73 a few years ago from O2 and the joystick came off in my hand after 3 days!

    Took it to the shop and they insisted "That is classed as customer damage". I quoted the SOGA at the sales person and that they must prove I damaged it, they just kept saying "That would be classed as customer damage".. No thoughts of inspecting it and determining the cause, just that it's my fault without even looking at it.

    They eventually gave me a number to call instead and they sorted me out a replacement immediately no questions asked!
  • pinkshoes
    pinkshoes Posts: 20,607 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    pmduk wrote: »
    Your contract is with the retailer. It's for them to prove, although in my experience the mobile phone industry makes it's own rules up.

    Yes, sorry, I meant to put retailer.

    I'm having the same issue at the moment with my phone (it likes turning itself off several times a day), so need to phone Vodafone at some point and badger them for a replacement.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
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