Sale of Goods Act and contract phone

sammi.jo

Hi, I got a Nokia 5800 on contract with Vodafone on about the second of February, 2009. Over the last month or so, I've had massive problems with the screen; sometimes it doesn't turn on when I activate and I have to restart the phone, othertimes it goes nearly-black which won't rectify by itself, and other times I get a sort of 'visual noise' when I activate the phone, for up to five seconds at a time before it comes on.

This isn't 100% of the time, but it can happen when I'm in a call and need to activate it to have the dialler available, or if I need to access messages on the phone. It's really frustrating as I've had to stay on the line or make repeated calls to 0870 numbers because of this, as some of them hang up after so many seconds of no response.

I have insurance with the company; I pay an extra £5-7 a month just in case I drop my phone in my drink/the loo/anywhere.

When I mentioned the problem to Vodafone, they suggested that I take it into a shop to have a look at. The guy in the shop said I'll have to contact Vodafone as they can't do anything. Vodafone then said I'll have to claim on insurance, and it'll cost me £25 to get the phone replaced or repaired.

I was wondering, as this phone has not been knocked or water damaged, would this problem be covered under the Sale of Goods Act? It CAN'T be wear and tear after only 7 or 8 months! The phone is in otherwise mint condition, you can tell I haven't been throwing it about.

I'm just asking you guys before I quote it on the phone; I can't trust them if they say it isn't, I need somebody impartial.

Thanks

DarkConvict

They should not state to claim it on the insurance yet, firstly vodafone as they are your retailer (assuming you got it in a vodafone shop/online) should send it for repair (or at least investigation) under sale of goods act to find the reason of the problem. Only if it cannot be repaired due to water/impact/other out of warrentry causes, should it go under insurance.
If the cause is a manufacturing fault it should be repaired or replaced by vodafone.

korny88

sammi.jo wrote: »

Hi, I got a Nokia 5800 on contract with Vodafone on about the second of February, 2009. Over the last month or so, I've had massive problems with the screen; sometimes it doesn't turn on when I activate and I have to restart the phone, othertimes it goes nearly-black which won't rectify by itself, and other times I get a sort of 'visual noise' when I activate the phone, for up to five seconds at a time before it comes on.

This isn't 100% of the time, but it can happen when I'm in a call and need to activate it to have the dialler available, or if I need to access messages on the phone. It's really frustrating as I've had to stay on the line or make repeated calls to 0870 numbers because of this, as some of them hang up after so many seconds of no response.

Have you searched https://www.saynoto0870.com for an alternative non geographical number? This might save you a bit on the calls.

Cerenia

Thats a software issue, which should be easilly fixed with either a software update, or finding a store that can do it for you - some retail stores say you have to send it away, but some Carphone Warehouse stores can do it if you have your receipt of when you bought it, regardless of where you got it (just ask first)

DarkConvict

You could try a software update.

If you have internet included in your package/contract! (otherwise this will charge you)
Open dialler, type in*#0000#.

Options | Check for Updates

Select either profile that appears, Nokia works best for me as my Orange profile is not configured.

If you do not have internet, get the Nokia PC suite.
http://www.nokia.co.uk/support/download-software/main/download

You will need to have the phone plugged into a charger (so it doesn't die and brick the phone during the update) and also the PC to Phone lead usually supplied with the phone.

Then run the Nokia software updater. If there is an update available, Backup your phone using the others apps in the nokia software first.
Then rerun the updater and update your phone.

Vodafone

Hi sammi.jo,

This must be a frustrating situation as the phone is still relatively new and it's sounds as though you are doing a good job of looking after it. Dark Convict has given some good advice and it may be that there is a software issue with the phone. You may update the software yourself if you wish, however our team would be happy to look into this for you.

I'm certain that we can sort this out for you. You can contact us by clicking this link

Vodafone Web Relations Team

(When contacting, please quote the code WRT135 in the subject line. In the message body please post a link to this thread and your user name.)

Cheers,

Espi
Web Relations Team
Vodafone UK

wiggler

Nokia give you a 2 year warranty by the way so its under warranty

sammi.jo

Hi, I thought I'd update with what happened.

As per Vodafone company representative's suggestion, I sent a message to the web relations team. What I forgot to mention was that I am using Linux, so I can't download NSU, nor will my phone connect to it properly.

A man called Ben from Vodafone called me today, a fellow Linux user so very understanding, and gave me the option of repair or replacement. I chose replacement simply because it was more convenient, and potentially saving any further problems.

He explained that it might be a "rare" instance of the phone's hardware being at fault, and I don't need to claim off my insurance, as they are under warranty, like wiggler advised.

Due to the New Year holidays, somebody will come to my house on Monday and replace the unit; I keep the battery, charger and the rest, bish bash bosh.

I'd like to thank everybody for their replies