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Out of warranty Sony Ericsson phone

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Hi there,

I've a Consumer Rights issue I need some help with please.

I bought a Sony Ericsson k750i from o2 at the beginning of June 2005 and in the last week the joystick/navigation button has started playing up and it no longer functions properly. I've rung o2 but the product is out of the 12 month warranty by 1 month, so they referred me to Sony.

I gave Sony a ring and they said that because I bought the phone in June 2005 it only qualifies for 12 month manufacturer's warranty from them, as opposed to the 24 month warranty for all phones manufactured after September 2005. As I'm in my 13 month of ownership which puts me crap out of luck.

I'm now left with a virtually unusable 13 month old phone. Cheers o2 and Sony!

I read somewhere about a six year reasonable use consumer right somewhere, but I can no longer find the information.

Is there anything I can do? I don't want to pay the £47 they quoted me to fix it.

Please help me someone.

Many Thanks

J
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Comments

  • Astaroth
    Astaroth Posts: 5,444 Forumite
    The Sales of Goods Act says you are entitled to a "reasonable life" for items bought (there is a limit of 6 years in England/ wales and 5 years in Scotland but this is the upper limit and something small and cheap would have a reasonable life below this)

    This requires you to pursue the shop that you bought the item from. The problem is trying to work out what a "reasonable" life for a mobile phone is but I would say it is over 13 months.
    All posts made are simply my own opinions and are neither professional advice nor the opinions of my employers
    No Advertising or Links in Signatures by Site Rules - MSE Forum Team 2
  • Poppycat
    Poppycat Posts: 19,899 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    I agree that the sale of goods act applies here, the words reasonable apply here, and I would expect either a repair and or replacement not necessary new. I woudl say a phone should be expected to be working for a few years
  • japster
    japster Posts: 13 Forumite
    I agree, there's no way 13 month is a reasonable lifetime of time for a mobile phone. I will ring o2 to see what they say and let you know.

    Thanks for you replies.
  • I had the same problem so I sprayed the sides of my k750i with pressurised air very carefullyand it dislodged some dust an it works fine now.The problem is sometimes caused by a dodgy diode on the phone board though.

    some advice on there, http://www.esato.com/board/viewtopic.php?topic=117514
  • The problem comes when you have faults that could be caused by user misuse,
    i may be wrong but after a certain time ater your garantee dont you have to prove its faulty and that you didnt cause that fault, for instance they may say you have been a bit "heavy" with the stick?
  • Outtathaway
    Outtathaway Posts: 232 Forumite
    I have a k750i and previously had a k700i and both had problems with the joystick. So I've now got a w810i wich has no joystick but directional buttons.

    But all my 750 needed was a clean, the 700 I took to o2 who tries to fix it and couldn't so I got a new phone
    Titch :)
  • Astaroth
    Astaroth Posts: 5,444 Forumite
    The problem comes when you have faults that could be caused by user misuse,
    i may be wrong but after a certain time ater your garantee dont you have to prove its faulty and that you didnt cause that fault, for instance they may say you have been a bit "heavy" with the stick?

    No, the user damage applies at any time. The only bit which is time sensitive is on the fact that the item was faulty at the time of purchase. If it is under 6 months old it is up to the retailer to prove it wasnt faulty at purchase if it is over 6 months old it is up to the owner to prove it was (if it is faulty at time of purchase you are entitled to decide how it is dealt with, if it wasnt then it is up to the store how to deal with it - ie repair/ replace/ refund)
    All posts made are simply my own opinions and are neither professional advice nor the opinions of my employers
    No Advertising or Links in Signatures by Site Rules - MSE Forum Team 2
  • Wayne3765
    Wayne3765 Posts: 631 Forumite
    Part of the Furniture Combo Breaker
    Has that phone been offered on 18 month contracts ? if it is being sold elsewhere for 18 months use I would think you have every good grounds for a free repair at least.
  • Mobile Phones are a really dodgy area as they are carried round in pockets, bags etc. They are regularly dropped, get damp and so on and so on. I think you may find it difficult to get anything out of the manufacturer but it can't hurt to try.
    Personally, I think 12 months is an ample guarantee but that's just my opinion.

    Good Luck
  • damo101
    damo101 Posts: 270 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Hi,

    this link is for ipods but it applies across the board (and hopefully you'll find it of some use):

    http://money.guardian.co.uk/consumer...783814,00.html

    The jist of it is that although the standard warranty is a year, sale of goods act supercedes the warranty and the item must last a reasonable amount of time.

    HTH and best of luck getting this sorted,
    Damo
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