Faulty Blackberry Bold - T Mobile - Help Please

jeffnail

Hi can someone advise please, Got a new BB Bold in Oct and 5 weeks later the phone would not unlock ''software issue'' Sent it back to T Mobile who said it should return back within 14 days, however just called and the phone has another few problems and they are waiting for the manufacturer to fix so it may be another 1-2 weeks, I have now had no BB emails for over 2 weeks and may have to wait another 2 weeks. The3y have NOT given me a replacement phone to use so I am using my old nokia to call and receive tel calls only - no email on old phone.

T Mobile have said that although I brought the phone off them 5 weeks ago they have to send to BB maufacturers even though I bought it from T Mobile as the sale of goods act does not cover after 7 days, even if it is only a new BB 5 weeks old. Also they do not have to give me a Replacement while it is getting fixed as it is BB fault and not T Mobile!!!

Is this correct? any idea if i can insist on a replacement or a new BB?

Many thanks

DarkConvict

The retailer who sold the phone is responsible under sale of goods act not the manufacturer, however i believe that they only need to repair it within a reasonable amount of time.

As the phone and contract as separate, you could request compensation from T-Mobile as you are unable to use your BB service contract due to them supplying faulty goods, either request a months refund or a BB to use in the meantime.

Repair, replace, reduce, refund

In the first instance and if considered appropriate, the seller must offer to at least repair the goods. They must do this within reasonable time, at no additional cost to you and without causing any significant inconvenience. It is for this reason you are given a replacement item while the one you bought is being fixed. Take care to ensure however you are given a ‘like for like’ product and not simply the cheapest and most basic model. If a repair impossible or unfeasible, you must then be offered a replacement. Due to the emphasis on proportionality and reasonableness in this legislation, in most cases you must give the seller reasonable time to repair or replace before demanding your money back and you should be aware that the refund given may well take account of any use you have had of the goods since you took possession of them. If you do not want the seller to repair or replace, or they have told you they are unable to, you can then request they reduce the purchase price to an appropriate amount, although this does not affect your ability to take return the item if something else goes wrong.

http://whatconsumer.co.uk/and-if-my-statutory-rights-are-breached/