Phone cannot be repaired, what are my rights?

almillar

You should definately be looking for a phone that has those specs from them, I don't know what they provided you with, but at the very least, if it's not a smartphone it ain't good enough. I'd imagine your tariff includes unlimited data and also access to BT Openzone, so your replacement should have wifi, and proper internet (hi res screen for example). Also, if you've got a WinMo phone you could have plenty of apps on it that you want to keep so you need to stick to that OS. Keyboard might be a preference thing that you may need to compromise on, unless you get some money back off them and buy a SIM-free phone of your own choosing?

finlay666

woody01 wrote: »

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.

My contract is for the phone and service as stated in the contract, the cost of the handset is subsidised by the tariff as well as the additional cost

If it was just the service I would be paying a lot less as it would be a sim only tariff

And I am paying for a web bolt on I cannot use on a 3510i

Buzby

Afraid not. Your contract is for the SIM, not the phone. The phone is provided to you free or at a discount. You cannot set-off any loss of use of the phone against your tariff. You are expected to put the SIM in another handset to use the services until the handset is repaired or replaced.

finlay666

Buzby wrote: »

Afraid not. Your contract is for the SIM, not the phone. The phone is provided to you free or at a discount. You cannot set-off any loss of use of the phone against your tariff. You are expected to put the SIM in another handset to use the services until the handset is repaired or replaced.

I paid for the phone, I have legal rights relating to the sales of goods act concerning it.
You might be expected, but when not offered a replacement handset (due to the only one in the store already being loaned out) what can you do except go purchase a new handset out of your own pocket... which breaks the sales of good act in that the customer has clearly been inconvenienced to the point of having to purchase a new handset to continue to be able to use my contract.

finlay666

gtaz wrote: »

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?

(going to send you a pm about this also)

They have refurbished stock, not much but some.

I beat O2 (received a call late this afternoon that they are willing to send me a refurbished handset instead of charging £45 for the repair) by being persistent with my rights, the woman (manager whose name I did note) said that the phones have a minimum warranty of the initial length of the contract, 18 months in my case, however SE apparently provide a 2 year on the Xperia X1

DarkConvict

I paid for the phone, I have legal rights relating to the sales of goods act concerning it.

Yes you did, but the contract and phone are separate they are not connected, whilst it is true it is subsidised, they can sell the phone at any price they want and is not legally affected by the contract. They offer it at a cheaper price as 'goodwill' for taking out the contract.

Im glad you managed to get a refrub handset.

gtaz

Just thought I would update the thread with what happened.

The O2 shop agreed that the handset they sent me as a replacement, without informing me first, was not comparable to my X1.

After a few days the shop called and advised of a few replacements including the 5800, E71 and some XDA range phones to which I felt were again not of similar spec to the X1 so I called O2 customer care.

I then spoke to a helpful lady but she ended up having to put me through the repair center so I could chat directly. I explained to the next lady that I bought the X1 on a high tariff (the discount I had was given after but thats another story) for the specs and contributed £50 towards the cost as well and that the phones offered so far were poor comparison.

She put me on hold and spoke to her manager and the choices were between a Refurb Palm Pre and a Refurb Iphone 3G 8GB. I would say this is a fair swap and so I have chosen the Iphone which should be delivered tomorrow. I was asked to swap to an Iphone tariff otherwise it would void the warranty but I am not too fussed and will just use it on my other account and be extra careful (and pray it don't break)!! My upgrade is in 6 months and I have bought a Blackberry anyway.

I am happy with the outcome and the people I dealt with at O2 were all very helpful. I do spend alot with O2 so maybe that helps but I doubt it.

Also parallax_20 just to note, I did not have any insurance but O2 do 18 month warrantys on all phones, I think the Iphone is the only exception but others could advise better on that.

Thanks everyone for their help and opinions and I am happy now!

Littlemiss27

gtaz wrote: »

Also parallax_20 just to note, I did not have any insurance but O2 do 18 month warrantys on all phones, I think the Iphone is the only exception but others could advise better on that.

All Sony Ericsson, Samsung and Nokia handsets come with a 24month warranty as standard.

OP - Glad you got it all sorted and are happy with the phone that they are now offering!