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My rights with contract mobile phones?
having a few problems contacted trading standards about it but trying to get as much information as possible as i feel im being forced to keep quite, below is a email im sending trading standards
well with the vivaz its advertised record video and directly upload to youtube, i went back and have spoken to trading standards, they told me to contact them back, so ill post the email i shall send trading standards when i speak to them again tomorrow ill post the whole lot detailing from the start.
Consumer direct ref: SC.........
On 26th March 2010 I had a phone from the Car phone Warehouse a Sony Ericsson Vivaz; I was impressed by the camera being high def and also the YouTube capabilities. So I choose the phone, the woman in the shop Adele said it’s a great phone had none back and no problems with it. So I thought ok that’s nice for me and I signed up to a 2 year £30 a month deal. The next couple of days I was quite happy until I tried YouTube. YouTube crashed my phone so I thought I must have had a lot of things open and left it, a few days later I tried again and the same thing happened so obviously I was a little disappointed and scoured the internet looking for answers. When I couldn’t find any I decided to contact Sony Ericsson, this was then Friday the 16th April. I couldn’t do any contacting earlier due to work commitments.
When I contacted Sony I explained the problem and asked what to do, I was advised this was a software issue and its all Carphone Warehouse’s fault as they brand the phones with their software, I advised them that there is no branding on the phone and its exactly how it left themselves the manufacturer, I was then told by Sony ericsson that there are no planned software updates for at least 4 to 6 weeks and that if YouTube is causing the problem do not use it. I then told the adviser that one of the main reasons why I had the phone was for the YouTube capabilities and telling me not to use it is like buying a car with air conditioning then being told you can’t use it and wind the windows down. The man wasn’t very helpful and continued to push the blame onto carphone warehouse.
I then walked down to the carphone warehouse store I purchased the phone from and showed them the problem, they replaced the phone for another like for like, and I told them that the same fault would repeat. I then left the shop and within a few minutes was back at the desk with the same problem, they then told me to walk to a repairs shop 10 minutes away to see what they could do to downgrade or update the software, when I got into the shop I was advised that the engineer was on his lunch and that there’s no update or downgrade they could do to help. They replaced the phone again and while I waited in store I repeated the fault again on my 3rd phone. They advised me to go back to the other store to speak to the manager and see about a possible handset exchange for another phone. When I arrived back at the original store they advised me to come back tomorrow as the manager was not in.
Later that day I was driving around with my dad and spotted a carphone warehouse in oldbury, I went in and asked to speak to the manager hoping he could help me. Instead I got a deputy manager who said all they could do is switch it like for like and would do till my 28days is up then it’s a matter of sorting things with my insurance which I purchased along with the phone, and to revisit the original store and see if the manager can help.
On 17th April I decided to contact trading standards and explained what had been going on, that I was on my 3rd handset which was faulty and was getting no help what so ever, the lady advised me that to go back into store and quote not of satisfactory quality and not as described (as the phone has YouTube ready on the box and is a big feature for the phone) she also advised I could reject the goods and cancel the contract if not offered anything else and if carphone warehouse would not accept this to get back in touch.
I also contacted the service provider orange who provide my sim and minutes and dish out commission to carphone warehouse, I spoke to a woman called Annabelle on extension ????? who I relayed the problem to, she was very understanding and tried to help the best she could, but as carphone had my contract her hands were tied, but she did request if needed to call her while I was in store and she would speak to the manager of CPW.
I then walked back to CPW and spoke to the manager and relayed the problem to him, he then contacted business who said no don’t give him a different handset, lend him a phone and book the phone in to repairs. I told him I’m not doing that and I wish to cancel my contract, he said I can’t. So I contacted orange again and spoke to Annabelle, she requested to speak to the manager but he refused saying he does not have to talk to them and he is not going to, so Annabelle then decided to get her line manager Karen involved. Karen came on the phone and demanded to speak to him, he gave in and spoke to her, I didn’t hear the details of the conversation as he walked around the store. He then passed the phone back to Karen who spoke to me asking me about the faults, and she would be getting in touch with both the carphone warehouse and Sony Ericsson business team to try and help me and would get back in touch 19th April she also said I could not argue, not of satisfactory quality and not as described and to be careful going this route as a phone is a phone and all these things on it are extra’s.
The store manager of CPW Stuart then started complaining saying he is going to make a complaint against Karen due to the way she spoke to him and she had no rights to. He is following orders from his business team and couldn’t do anything. A few minutes later he did try on the system to see what phones would match my plan but none did so I was told they couldn’t help me at all so I left the store.
I feel that I’ve entered a contract and have been supplied faulty goods, and I wish to be exempt from the contract now but I’m struggling what to do, no one’s taking responsibility and no one’s helping, I even contacted CPW complaints while in store and the lady was very snotty and kept saying whatever so I shouted is that how you speak to your customers and put the phone down,
I really need your help; I will honour my contract just with a different handset as I really need a second phone. But it doesn’t look like I will win.
above is going to be my mail to TS
well with the vivaz its advertised record video and directly upload to youtube, i went back and have spoken to trading standards, they told me to contact them back, so ill post the email i shall send trading standards when i speak to them again tomorrow ill post the whole lot detailing from the start.
Consumer direct ref: SC.........
On 26th March 2010 I had a phone from the Car phone Warehouse a Sony Ericsson Vivaz; I was impressed by the camera being high def and also the YouTube capabilities. So I choose the phone, the woman in the shop Adele said it’s a great phone had none back and no problems with it. So I thought ok that’s nice for me and I signed up to a 2 year £30 a month deal. The next couple of days I was quite happy until I tried YouTube. YouTube crashed my phone so I thought I must have had a lot of things open and left it, a few days later I tried again and the same thing happened so obviously I was a little disappointed and scoured the internet looking for answers. When I couldn’t find any I decided to contact Sony Ericsson, this was then Friday the 16th April. I couldn’t do any contacting earlier due to work commitments.
When I contacted Sony I explained the problem and asked what to do, I was advised this was a software issue and its all Carphone Warehouse’s fault as they brand the phones with their software, I advised them that there is no branding on the phone and its exactly how it left themselves the manufacturer, I was then told by Sony ericsson that there are no planned software updates for at least 4 to 6 weeks and that if YouTube is causing the problem do not use it. I then told the adviser that one of the main reasons why I had the phone was for the YouTube capabilities and telling me not to use it is like buying a car with air conditioning then being told you can’t use it and wind the windows down. The man wasn’t very helpful and continued to push the blame onto carphone warehouse.
I then walked down to the carphone warehouse store I purchased the phone from and showed them the problem, they replaced the phone for another like for like, and I told them that the same fault would repeat. I then left the shop and within a few minutes was back at the desk with the same problem, they then told me to walk to a repairs shop 10 minutes away to see what they could do to downgrade or update the software, when I got into the shop I was advised that the engineer was on his lunch and that there’s no update or downgrade they could do to help. They replaced the phone again and while I waited in store I repeated the fault again on my 3rd phone. They advised me to go back to the other store to speak to the manager and see about a possible handset exchange for another phone. When I arrived back at the original store they advised me to come back tomorrow as the manager was not in.
Later that day I was driving around with my dad and spotted a carphone warehouse in oldbury, I went in and asked to speak to the manager hoping he could help me. Instead I got a deputy manager who said all they could do is switch it like for like and would do till my 28days is up then it’s a matter of sorting things with my insurance which I purchased along with the phone, and to revisit the original store and see if the manager can help.
On 17th April I decided to contact trading standards and explained what had been going on, that I was on my 3rd handset which was faulty and was getting no help what so ever, the lady advised me that to go back into store and quote not of satisfactory quality and not as described (as the phone has YouTube ready on the box and is a big feature for the phone) she also advised I could reject the goods and cancel the contract if not offered anything else and if carphone warehouse would not accept this to get back in touch.
I also contacted the service provider orange who provide my sim and minutes and dish out commission to carphone warehouse, I spoke to a woman called Annabelle on extension ????? who I relayed the problem to, she was very understanding and tried to help the best she could, but as carphone had my contract her hands were tied, but she did request if needed to call her while I was in store and she would speak to the manager of CPW.
I then walked back to CPW and spoke to the manager and relayed the problem to him, he then contacted business who said no don’t give him a different handset, lend him a phone and book the phone in to repairs. I told him I’m not doing that and I wish to cancel my contract, he said I can’t. So I contacted orange again and spoke to Annabelle, she requested to speak to the manager but he refused saying he does not have to talk to them and he is not going to, so Annabelle then decided to get her line manager Karen involved. Karen came on the phone and demanded to speak to him, he gave in and spoke to her, I didn’t hear the details of the conversation as he walked around the store. He then passed the phone back to Karen who spoke to me asking me about the faults, and she would be getting in touch with both the carphone warehouse and Sony Ericsson business team to try and help me and would get back in touch 19th April she also said I could not argue, not of satisfactory quality and not as described and to be careful going this route as a phone is a phone and all these things on it are extra’s.
The store manager of CPW Stuart then started complaining saying he is going to make a complaint against Karen due to the way she spoke to him and she had no rights to. He is following orders from his business team and couldn’t do anything. A few minutes later he did try on the system to see what phones would match my plan but none did so I was told they couldn’t help me at all so I left the store.
I feel that I’ve entered a contract and have been supplied faulty goods, and I wish to be exempt from the contract now but I’m struggling what to do, no one’s taking responsibility and no one’s helping, I even contacted CPW complaints while in store and the lady was very snotty and kept saying whatever so I shouted is that how you speak to your customers and put the phone down,
I really need your help; I will honour my contract just with a different handset as I really need a second phone. But it doesn’t look like I will win.
above is going to be my mail to TS
0
Comments
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You contract is with CPW, not orange so you need to direct everything to CPW.
Sale of goods act says that if it's not fit for purpose you can get a exchange or refund, however your airtime contract is not related ot the Phone. So they could take the phone off, refund you what you paid (nothing) and leave the airtime contract running. Sounds odd, and is very bad from a customer service point of view but could happen.
WRITE to CPW, thats the first step in any event, don't phone or email, WRITE using recorded delivery so there is a signiture. DO NOT write to there head office, shop, or anywhere, on the CPW site there is a complaints address address to use.
The Carphone Warehouse
PO Box 375
Southampton
SO30 2PU
CPW contract all the incoming mail out, if you don;t sent it there it may take longer to be scanned into there system. Say you are rejecting the phone and why, and see what happens.0 -
dont spose you have a letter template do you for faulty equiptment and contract issues so i know exactly what to detail down0
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Sorry no, Just put down the problems and state you want to return it under the sale of goods act.
I suspect that TS will tell you to do it anyway as it's the usual first step.0 -
what ill do is then sometime today ill mock up something n post it for opinions appreciate your help mate0
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And if you want to spam you can !!!! off somewhere else
Edit: Spam referenced has been removed.0 -
Just a couple of things.
The phone and uploading to Youtube - was that advertised as being the case on the CPW site or in any of its literature?
You see, if not, then you may have a problem as from your post, you don't say that CPW claimed that it could do that. If you went in, asked for that phone, didn't specifically mention Youtube and they supplied it as asked, then if the phone doesn't do something that you need but wasn't mentioned, then it gets a bit trickier.
Where did you see the ad?0 -
This is from Carphone Warehouse website, on it's full description:Finished crafting a masterpiece? Send it straight to your favourite social networks for friends to tag and comment on! You can either upload video clips to YouTube™ or Facebook™, or watch them on the big screen by connecting Vivaz to a HDTV0
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Flexeh: I would edit that letter to about half it's length, there is a ton of unnecessary information which is detracting from a strong complaint (e.g. do not need to know that you walked to Carphone Warehouse nor that Adele said it is a great phone).
Try emboldened dates to head the paragraphs and a full line space between as it is just a wall of text at the moment. You have said several times nobody is helping you, but actually some people are trying to help and you have had three handsets! Stick to the key facts rather than giving a blow-by-blow account of every conversation, and put your actual complaints at the start and end.Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0
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