Help with 02 faulty phone

rae25_2

My stepdaughter has an 02 contract with a samsung phone. It is a 2 year contract due to expire in January. The phone has been sent away three times now with manufacturers faults and has now broken again. We've had to buy her a cheapy mobile for while this one is on repair. Are they in breach of contract or could we negotiate an early free upgrade?

DarkConvict

The phone and contract are seperate, so they are not in breach of contract as the contract is for the airtime agreement, not the supplied mobile equipment.

As it has failed so many times, you could ask for a replacement device instead of a repair under the sale of goods act, but any replacement would be a refurb not a brand new phone.
There is no harm in asking for early termination due to phone problems as i have seen it before, but they generally want the phone back as its goodwill to let you out early, so even though the phone is seperate as goodwill back they want the phone usually.

To know your rights in detail, give consumer direct a ring - http://www.consumerdirect.gov.uk/about/how-we-help/