Returning Mobile Phone - o2/Nokia

Konamb212

On 12 December 2009, I bought a Nokia5800 for my sons Christmas prezzy. (on o2 PAYG)

In the first week of January the phone would switch itself off if he tried to answer a call, by a bit of elimination and restoring the phone to factory default settings it seemed to resolve the problem.

Since last week the phone has stopped recognising the memory card inserted (which came with it). We tried going back to default settings but no joy.
His memory card is working fine in my phone (also a 5800), but my card doesnt work in his, so its obviously a problem with the phone.

Took it back to the o2 shop where we purchased it, on Sunday and was told they could send it for repair which would take 10 days, but if I wanted to go to another shop in town who were the Nokia agents for the area I might get it repaired quicker.
I wasnt sure about this and got a second opinion from CAB about using this repair route.
CAB tells me that statutory rights are that I am entitled to a repair, refund or replacement, and as I dont have faith in the phone itself and dont really want a repair - I can get refund or replacement.
I want replacement.
Went back to the shop Monday to be told o2 only offer repair, no replacement or refund option "or else everyone would be doing it" - to which I replied "which is their entitlement"
Anyway - asst manager, confirms repair is the only option offered by o2, but that I might want to try updating the software on the phone "which probably will sort it out".
Did that and still got the same problem.

Now then - sorry for the whole rant - can I force them to replace the phone ?
if so how the hell do I go about doing that ?

Its like meeting a brick wall, and I dont know which way to go from here

donaldsl1

Hi Konamb212, from what i can gather from previous posings where people are in similar situations it is down to the retailer to decide how they go about replacing/repairing. Most phone companies repair and maybe after 2 times of repairing if the fault is still there, they then may offer you a 'refurbished' phone.
Sorry if its not what you wanted to hear. Maybe plead with them that was only working for a few days and you would have more trust with the phone if it was new, worth trying!

Good luck, Donaldsl1

dehaani

Konamb212 wrote: »

CAB tells me that statutory rights are that I am entitled to a repair, refund or replacement

Did they fail to mention that you don't get to decide which of the three you're getting? They usually do.

It is the retailer's decision whether you get a repair, refund or replacement.

Darksun

I think you can be deemed to have 'accepted' the goods now, so it is up to the retailer. I'd say go for the repair, 10 days isn't all that long. If you get the same problems after repair then you may have a better case for demanding a replacement