Phone cannot be repaired, what are my rights?

gtaz

Hi all,

I was hoping someone with a bit more experience can advise on how I stand with my unrepairable phone.

I have had an Xperia X1 with O2 that I have sent back to repair 3 times, I have now owned it for 12 months and have an 18 month warranty. The third time it was sent back as unrepairable (I guess BER) and they sent me an average phone as replacement without informing that they were going to do so.

I have refused this replacement as the X1 at the time cost me £50 on a £45pm contract (though this tariff has been discounted) and spec-wise it is still high spec compared to what is on the market.

O2 do not sell the X1 anymore, I know that the trader has to sell something 'fit for purpose' and provide a refund should the phone not be repaired (I think?) but what is reasonable to accept as a replacement? The ony comparable phones are brand new phones but 12 months in, is that an unlikely option?

Anybody have any ideas? Any advice would be much appreciated!

DarkConvict

By replacing the phone they are admitting that the phone is not fit for purpose, i assume it has broken down at least once within the first 6 months.

I found this letter from the BBC one show - http://downloads.bbc.co.uk/theoneshow/txt/soga_letter_2.doc
http://www.bbc.co.uk/blogs/theoneshow/consumer/2009/07/03/sale_of_goods_act_letter_downl.html

You are entitled to a replacement, refund or repair. As it can't be repaired the a refund or replacement are your options, but i fail to see what comes under replacement. Im sure any replacement phone must be of the same of better specification, preferably in agreement with the consumer

Q11. The retailer has said that a repair is "disproportionately costly" and insists I accept a replacement as an alternative. Must I accept this?
Yes, and vice versa if you request a replacement and this is "disproportionately costly". However, remember any remedy has to be carried out "without significant inconvenience" and within a "reasonable time" for the consumer. Remember that you could also seek damages instead.

http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html#Q11TheretailerhassaidthatarepairisdisproportionatelycostlyandinsistsIacceptareplacementasanalternativeMustIacceptthis

You could also try speaking to Consumer Direct (Trading Standards) for information on the law regarding it, http://www.consumerdirect.gov.uk/

property.advert

My feeling is that you are entitled to any phone which would be £50 or less on the price plan you are currently on. That would be from the current selection. If there is nothing comparable, then you would surely be entitled to your £50 back and a choice from the free selection on your tariff. If the only comparable phone was more than £50, then they should really give it to you as a goodwill gesture.

Mr_Rossi

DarkConvict, I'm not sure that they, the retailer, have admitted anything. They have instead chosen the cheaper option of replace instead of repair, which is the retailers' right, but as you say, if they replace, it must be of the same or better specification.

The fact that they have repaired the original 3 times and it still isn't fit for purpose, suggests that it should be replaced with an item equal or better than the original. Sounds like they've tried to fob you off with a lesser model of lesser value, gtaz.

Personally, I'd mention the Sale Of Goods Act to them, as after the manufacturers warranty has expired, the retailer is liable for a 'reasonable time' for a product to last, regardless of any extended warranty you took out. Reasonable time is definitely over a year! Have a good look here for your Rights...http://www.which.co.uk/advice/understanding-the-sale-of-goods-act/your-rights/index.jsp

They will be familiar with the term 'recision' as the phone is now over a year old. Up to a year is manufacturers warranty, after that, retailer responsibility, up to a reasonable amount of time. Most manufacturers of electrical goods, when pressed, have mentioned that their products should last at least 5 years, which to me suggests any retailer shouldn't sell any poorly manufactured goods and then sell extended warranties!

WychWeird

Surely as long as the replacment phone has the same capabilities as the old phone then that is acceptable - it doesn't have to be a current phone on the same value deal?

finlay666

gtaz wrote: »

Hi all,

I was hoping someone with a bit more experience can advise on how I stand with my unrepairable phone.

I have had an Xperia X1 with O2 that I have sent back to repair 3 times, I have now owned it for 12 months and have an 18 month warranty. The third time it was sent back as unrepairable (I guess BER) and they sent me an average phone as replacement without informing that they were going to do so.

I have refused this replacement as the X1 at the time cost me £50 on a £45pm contract (though this tariff has been discounted) and spec-wise it is still high spec compared to what is on the market.

O2 do not sell the X1 anymore, I know that the trader has to sell something 'fit for purpose' and provide a refund should the phone not be repaired (I think?) but what is reasonable to accept as a replacement? The ony comparable phones are brand new phones but 12 months in, is that an unlikely option?

Anybody have any ideas? Any advice would be much appreciated!

Cracked casing near the volume button or stylus?

Out of interest do you have insurance on your phone?
I had the same problem with mine, sent away 3 months after owning the X1 (silver, seems to be the ones that crack more) and again this month with a 10 month old phone. The service centre claim it's accidental damage (interestingly the phone has some wear marks but no other damage) and want £45 to fix one of the faults, the others were software/keyboard based.

http://forums.moneysavingexpert.com/showpost.html?p=27215337&postcount=17 That was my previous post on the matter.

I am pushing for a replacement of similar value, not a repair (as they are trying to undermine my legal rights by pushing for a dodgy charge which I believe is because I refused to take their insurance) however I am on a £45pm contract but paid a similar price for the phone. (I have been lied to 3 times now on the phone to them, so I'm formally making a complaint when I collect my phone as well as pushing for a new phone)

My view is that a phone should be fit for the length of the duration as a minimum, so a 18 month contract a phone should last 18 months, anything less is not acceptable.

For a replacement... I wouldn't think it's unreasonable, they are entitled to deduct some for the period of use of the phone, so you could get around £17 back, but then how you get a replacement handset I'm not sure on. The other way you could do it is look at the features and claim you want one of a similar specification, it may end up being more but they might sort it

If you pm me I can send you some more info on the cracked casing issue, there is a fair bit and I don't think it's best on here as it links to other forums

gtaz

Hi Finlay,

I did have the cracking issue but they resolved that when I sent it off the second time but it wasn't an issue I reported. I reported the keyboard keys not responding and sticking and they resolved all the issues with the phone.

The third time I reported the keyboard again and they couldn't resolve it, I guess it was BER, not sure..

As far as I see it, I bought a touch screen WinMo 6.1 phone, with WIFI and a slide out keyboard and all these specifications are important to me and why I bought the phone in the first place.

I don't think it is unreasonable that if I buy a phone that cannot last a year without becoming unrepairable, that I should get a phone that matches most of these specs. O2 don't do many of these unfortunately so not sure how this is going to play out..

finlay666

I have had exactly the same with mine, keyboard sometimes wouldn't recognise a keypress, sometimes it would note 3 or 4 consecutive presses. I also had the phone not coming out of standby properly and crashing daily, usually early in the morning which meant the alarm didn't go off.

I got mine back today, they haven't repaired any of the faults with the device, spoke to the manager in store who seemed reasonable and agreed I shouldn't have to put up with the customer service.

Unfortunately it will look like a Pre as an alternative, I don't think they are interested in offering an iPhone as a replacement, and the other XDA phones are terrible to be honest

When the man I was initially complaining to in the shop was shown the following (about the crack NOT being a known fault) it pretty quickly shut him up, it's an article from december 2008 from a reputable website with a statement from SE in Holland saying they recognise it, push comes to shove resort to EU law.
http://news.softpedia.com/news/Sony-Ericsson-XPERIA-X1-Case-Cracks-Spotted-100957.shtml

Phone faulty within 6 months = not fit for purpose = faulty at time of sale
I'm pushing for a similar spec replacement, I'm going to email them about getting a replacement, as well as renumeration for having to drive 50 miles round trip to my nearest store which I shouldn't have to pay out of my own pocket as a consumer.

Just trying to find email addresses to send them to.

parallax_20

How did you manage get an 18 month warranty? Did you take out extra insurance with O2 or is that the standard manufacturer warranty?

Anyhow if you read this thread . It might give you an idea on what O2's obligations are to you.

Basically what it boils down to is...once you've received the handset, the phone is your responsibility...unless it develops a manufacturing fault for which O2 will assist in getting it repaired/replaced during the warranty period. I think the replacement only needs to be of equal value (market value), not necessarily with similar specs (could be wrong here!).

Good luck.

custardy

perhaps easier if O2 just release you from your contract to take a new phone/contract package?

woody01

The point that EVERYONE has missed is that the phone is not thing that is paid for in the monthly charge....its the airtime you are coughing up for.

In some instances the phone has a small charge (£50 in your case), and by giving you a phone, they should really only have to refund the £50, or a portion of it.

As long as you can use the airtime you are paying for, O2 have no further liability.