Problems with o2 regarding repair

pmorrison_2

Hi,

At the start of January my brothers phone stopped working so he took it into the o2 shop who sent it to be repaired. He was told that it would take 10 working days. After around 2 weeks he still hadnt heard from them so called in and was told that it had been sent and should be received within 2 days.

After another few days he still hadnt been called so went into the shop again and was told that the phone hadnt been delivered and that there was a chance that it had been lost.

After 4 weeks he was sent a letter apologising for the loss of his phone and stating that it would be replaced with a new one. This should have been given to him within 2 days but, once again, it didnt happen.

The next time he went into the shop, they told him that they had finally received the original phone and that it couldnt be repaired as it had water damage. As far as he is concerned, there was no water damage when it was sent.

The question is, as he has a letter stating that a new phone would be given to him, is he able to hold o2 to this? They are saying that they are not willing to replace it now that the original has been recovered. Is this correct?

Cheers

DarkConvict

Since the original has turned up before giving out a new phone i do not think they have to offer it, Consumer Direct should be able to give clear advice on this, especially as they took alot longer than planned to send the phone away - http://www.consumerdirect.gov.uk/about/how-we-help/

Water damage is sadly the get out clause for repairing a phone, if the water indicator strips change colour they won't even both to try and repair the actual fault. Using the phone in the rain, and even sweat can cause the sensors to go off, even if the phone is not water damaged.

pmorrison_2

Thanks for the advice, I will look at Consumer Direct.

Does the letter he received from o2 not count as a contract? Surely if they have promised a new phone, regardless of whether the old one turned up or not, they have said that they will give him a new on. Or is that wishful thinking?!