phone not working

k4j

Hi
i am looking for some advice for a friend. His phone is on contract and less then 1 year old but recently it stopped working completely, it will not turn on at all. it doesn't seem like there is anything wrong with the charger or the battery. Just would like to know if he could do anything other then buy a new phone. He called orange they told him they will not be doing anything as there is no insurance on the phone. So is there anything that can be done
Thank you

yummymummy79

Whoever he got it from (direct from Orange or from a middleman like Carphone Warehouse etc) have a responsibility to do something if it is genuinely not working. Without going into massive detail (cos it's all over this site as well as the net generally) he wants to be going to who he got it from quoting the Supply of Goods and Service Act 1982 saying the phone isn't satisfactory quality and it makes no difference at all if there is no insurance/warranty. The hardest bit is getting the shop/company to accept responsibility for it.
If that doesn't work then tell him to get onto Consumer Direct for some more specific advice/suggestions.

(btw, before anyone jumps on me saying it should be SOGA, there is no 'sale' in this situation unless the phone was bought separately, more likely to be 'supplied' as part of the contract)

Jill__2

yummymummy79 wrote: »

Whoever he got it from (direct from Orange or from a middleman like Carphone Warehouse etc) have a responsibility to do something if it is genuinely not working. Without going into massive detail (cos it's all over this site as well as the net generally) he wants to be going to who he got it from quoting the Supply of Goods and Service Act 1982 saying the phone isn't satisfactory quality and it makes no difference at all if there is no insurance/warranty. The hardest bit is getting the shop/company to accept responsibility for it.
If that doesn't work then tell him to get onto Consumer Direct for some more specific advice/suggestions.

(btw, before anyone jumps on me saying it should be SOGA, there is no 'sale' in this situation unless the phone was bought separately, more likely to be 'supplied' as part of the contract)

Over 6 months old it's upto the consumer to prove fault was there from the start, it would involve getting engineers reports at your expense.

stokeymad

Most phones on contract come with a 12 month warranty, I would check this out first. Secondly I would ring orange and if tehy keep refusing, although you cant cancel your contract, I would lower it to the cheapest tariff while the problem is being sorted, also advise them that its not a great way to keep your custom, they will then most likely look at fixing the problem.
Like I say thought I'm sure they come with a 12 month warranty. Should be information in the box it came in.

DVardysShadow

Jill_ wrote: »

Over 6 months old it's upto the consumer to prove fault was there from the start, it would involve getting engineers reports at your expense.

Probably not so. Yummymummy has pointed out that the phone is provided as part of a service contract, hence SoGaSA rather than SoGA. If the contract is for supply of telephony services and a phone, then the Over 6 months should not apply. Different again if the contract is for supply of telephony services witha free phone.

The essential point is that if the contract includes provision of a phone, the supplier has responsibilities for the failure of the phone itself - the customer only has responsibility for 'external' events such as dropped down the loo. The insurance is for the external events under the customer's control, the supplier is responsible for the 'internal' events relating to failure of the phone itself.

Jill__2

DVardysShadow wrote: »

Probably not so. Yummymummy has pointed out that the phone is provided as part of a service contract, hence SoGaSA rather than SoGA. If the contract is for supply of telephony services and a phone, then the Over 6 months should not apply. Different again if the contract is for supply of telephony services witha free phone.

The essential point is that if the contract includes provision of a phone, the supplier has responsibilities for the failure of the phone itself - the customer only has responsibility for 'external' events such as dropped down the loo. The insurance is for the external events under the customer's control, the supplier is responsible for the 'internal' events relating to failure of the phone itself.

When I signed up to orange my phone wasn't supplied by Orange it was supplied by a third party (even though I signed up with orange direct) so I assume thats their get out, and in most cases won't the manufacturer repair quicker than orange?


Also if I remember their terms and conditions it mentions something about they only provide a sim and service as the phone is provided by someone else?

What they said to me when I had exactly the same issue, the drones at orange just keep reading off a script (If you look on the internet you can find the scripts they read off)

hjb123

what sort of phone is it?

Ive had problem with my Nokia 5800 this week, it wouldnt switch on at all, no signs of life, Id only had it 8 months and Orange said as it was over 6 months old and I had no insurance I would have to pay at least £60 for a new one. I discovered the same day that Nokia have a 2 year warranty on phones and have service centres across the country - I found one in my local town and had phone fixed free of charge and back with me the following day

k4j

hjb123 wrote: »

what sort of phone is it?

Ive had problem with my Nokia 5800 this week, it wouldnt switch on at all, no signs of life, Id only had it 8 months and Orange said as it was over 6 months old and I had no insurance I would have to pay at least £60 for a new one. I discovered the same day that Nokia have a 2 year warranty on phones and have service centres across the country - I found one in my local town and had phone fixed free of charge and back with me the following day

Thanks everyone for your advice. i will tell him to get back to orange again and see what they say.
its a samsung soul phone

hjb123

k4j wrote: »

Thanks everyone for your advice. i will tell him to get back to orange again and see what they say.
its a samsung soul phone

just to add that the service centre that did my nokia phone under warranty also do Samsung phones - have to say it was an excellent service. You can find the local repair centre on the samsung site

woody01

yummymummy79 wrote: »

Whoever he got it from (direct from Orange or from a middleman like Carphone Warehouse etc) have a responsibility to do something if it is genuinely not working. Without going into massive detail (cos it's all over this site as well as the net generally) he wants to be going to who he got it from quoting the Supply of Goods and Service Act 1982 saying the phone isn't satisfactory quality and it makes no difference at all if there is no insurance/warranty. The hardest bit is getting the shop/company to accept responsibility for it.
If that doesn't work then tell him to get onto Consumer Direct for some more specific advice/suggestions.

(btw, before anyone jumps on me saying it should be SOGA, there is no 'sale' in this situation unless the phone was bought separately, more likely to be 'supplied' as part of the contract)

I doubt the OP has any recourse.

DVardysShadow

woody01 wrote: »

I doubt the OP has any recourse.

State your reasoning.