48hr notice

joeypesci

Done a deal with 3 for an upgrade so I wouldn't leave 3. They gave me the E72 for free, unlocked and 18month contract. First one arrived with big bit of dust under screen. They replaced. 2nd one came. Dust under the screen but small enough it wasn't visible when phone was on. I ignored, used the phone only for testing and now found out their is a known issue with Nokia lastest firmware. Where there is a delay in typing the text. So the phone is unusable for my needs.

Hasn't been 14 days yet but now on the phone to 3. They are claiming because I didn't inform them of the dust issue within 48hrs they can't replace the phone. I've told them that's rubbish. Its an inherent fault, I hadn't even noticed it because hadn't use the phone when it arrived.

What are might rights? Surely that can't be right and they are making up their own rule about 48hrs.

What I'm trying to get them to do is replace the phone with a HTC Desire as the E72 is now unusable. They originally offered me a free iPhone 3gs but as I hate Apple and the iPhone I said no. !!!!!! the Desire is cheaper so they should give it to me.

Oscar_The_Grouch

If they refuse again, ask to speak to a manager. If they still refuse, tell them you consider they are in breach of contract (failure to provide a working, useable phone) and should, therefore, provide you with your PAC code and a daily fee for you to pay until you have moved to another provider.

Then get in touch with a company that has some customer service and tell 3 to "bug...er...off".

joeypesci

I got annoyed and ended the call because they refused. They kept saying they can have it for repair for the dust but the Nokia . Calling Consumers Direct right now

joeypesci

Balls. Consumers Direct said I have to give them the opportunity to repair it even though there is no way they can repair the firmware issue.

Looks like I'll be ebaying it then

BigLee_24

Oscar_The_Grouch wrote: »

If they refuse again, ask to speak to a manager. If they still refuse, tell them you consider they are in breach of contract (failure to provide a working, useable phone) and should, therefore, provide you with your PAC code and a daily fee for you to pay until you have moved to another provider.

Then get in touch with a company that has some customer service and tell 3 to "bug...er...off".

I was always under the impression that the service they provide and what you sign up and pay for was for the network usage (ie £15 a month etc for telephone services), bearing this in mind whilst the phone obviously still has to work but if it didnt you are still liable to pay the contract as the phone and contract are seperate and is normally invoiced as free even though the cost is factored into the service plan price....

So basically you sign up to a network contract and the phone is a free gift.... hence a refund would be a big fat zero and you would still have to pay the contract....

Like I say I could be totally wrong but am sure I remember reading about it somewhere, I also think its due to the optional insurance as if the network provider was legally obliged to provide you with a 'working, useable phone' nobody would need insurance.....

None of the above would affect the warrenty however.....

boliston

BigLee_24 wrote: »

.......

Like I say I could be totally wrong but am sure I remember reading about it somewhere, I also think its due to the optional insurance as if the network provider was legally obliged to provide you with a 'working, useable phone' nobody would need insurance.....

None of the above would affect the warrenty however.....

The insurance is to cover against theft and loss or damage caused by the customer, it's not designed to cover manufacturing faults during the warranty period.

gjchester

BigLee_24 wrote: »

I was always under the impression that the service they provide and what you sign up and pay for was for the network usage (ie £15 a month etc for telephone services), bearing this in mind whilst the phone obviously still has to work but if it didnt you are still liable to pay the contract as the phone and contract are seperate and is normally invoiced as free even though the cost is factored into the service plan price....

So basically you sign up to a network contract and the phone is a free gift.... hence a refund would be a big fat zero and you would still have to pay the contract....

Nope your right,

The Airtime agreement and the Phone are effectivly two contracts.

The Phone DOES NOT have to work for the airtime contract to be enforcable, but the phone is covered under it's own supply agreeement / contract to be working.

However as you point out you could return the phone and get a refund of nothing and still be liable.


To the OP: another point is once used Three say the 14 day return period is void.
The DSR rules are for you to examine the product, (ie the dust under the screen) but the fact it's slow to text was found in use and hence the DSR already voided. You may have a case with the maker and Three will send it for repair, but are unlikely to cancel the contract.

joeypesci

Going to put it on ebay I think. It's unlocked and I've used a piece of software I always use on the E series Nokia's, that sets the firmware flag to show it as a generic euro phone. So when Nokia release a new firmware update, it will be able to be update and you won't have to wait for 3 to release their firmware update. Then the phone will be totally unbranded.

boliston

gjchester wrote: »

....
The DSR rules are for you to examine the product, (ie the dust under the screen) but the fact it's slow to text was found in use and hence the DSR already voided. You may have a case with the maker and Three will send it for repair, but are unlikely to cancel the contract.

DSR rules state that the product must be returned "as new" for a full refund and you can't void the dsr by basic testing of a product in the same way that you would test a product on display in a shop.

For example i recently purchased a laptop and after using it for 1 day decided that it had a poor quality screen. I emailed the vendor saying I was returning the product under the DSR and they were fine about it and refunded me in full. The important thing is to say it's a DSR return as if you just return it under their own terms you will often be hit with a "restocking fee" often 15% or more. Vendors probably hate the DSR but they bank on the fact that few customers understand or even know about it.

gjchester

boliston wrote: »

DSR rules state that the product must be returned "as new" for a full refund and you can't void the dsr by basic testing of a product in the same way that you would test a product on display in a shop.

For example i recently purchased a laptop and after using it for 1 day decided that it had a poor quality screen. I emailed the vendor saying I was returning the product under the DSR and they were fine about it and refunded me in full. The important thing is to say it's a DSR return as if you just return it under their own terms you will often be hit with a "restocking fee" often 15% or more. Vendors probably hate the DSR but they bank on the fact that few customers understand or even know about it.

Actually They can void the DSR in some situations.

The DSR rules have a specific opt out that says if software is used then the DSR is invalid. It's designed more for buying software then anything else, but the argument is that by using the hardware you have "broke the software seal" and it's unreturnable.

Three using it in this way is a very narrow view but is valid.

It you took a PC home then returned it to the shop having setup windows they would not refund it, the DSR is designed to give you similar rights to in shop, ie check the colour, look, size, feel etc. It's not a home trial period.

Some retailers will accept the return as you did under the DSR others won't, it needs to be challenged in court to know for sure.