29 Days Later...

ibora

Hi all.
New to the forums, hope everyone's well.

I just have a quick question about my rights and what I should do.

On the 22nd June 2010, I took out an 18 month contract with o2, I got myself a HTC HD2, two days later, I decided I would be better suited to the HTC Desire, so went to a o2 store, and exchanged the phone without a hitch.

Fast forward to Monday 26th July and the phone will not charge when laying flat or at an angle, (i need to fiddle with the wire to get it to charge).

I took the phone to an o2 store and they told me outside of the 28 days, I have no option but to have it sent for repair. I was told this could take between three to four weeks.

Is there anything I can say or do to overcome this problem,they say I have no choice, but a phone shouldn't fault this quickly.

Am I correct in assuming 28 days does not cover weekends and bank holidays... should they just be replacing my phone? Should I really be asked to pay for a phone bill that I cant use my data plan on.

Am I just fighting a lost cause...?

Any help or advice would he greatly appreciated.

Oscar_The_Grouch

Hi there

The 28 days includes everything - it's "days" not "working days". Think of it as 4 weeks if that makes it easier.

What you need to do is kick up a stink and tell them that you feel the 28 days should start from the day you received that particular phone, not the day the contract started.

baldude

Oscar_The_Grouch wrote: »

Hi there

The 28 days includes everything - it's "days" not "working days". Think of it as 4 weeks if that makes it easier.

What you need to do is kick up a stink and tell them that you feel the 28 days should start from the day you received that particular phone, not the day the contract started.

I think you're wrong!!!
the 28 days is 28 working days...that is what the paperwork i have received from DialAPhone said and i was happily allowed to replace the faulty phone with a brandnew phone on the 26th working day since the contract was started.
DAP did argue its 28 days including holidays but i refered them their T&C's whcih clearly stated its 28 WORKING DAYS.
OP, i would ask you to check your paperwork. if DAP offers that it must be out of compulsion which O2 should also offer. if you dont have a paperwork request a softcopy from them and check it yourself.
hope this helps.

Jonty71

That's what I thought also, 28 working days.

Jonty71

Also, throw this at them - Sales of Goods Act 1979, as the item is not fit for the purpose it was sold.

http://www.consumerdirect.gov.uk/after_you_buy/know-your-rights/SGAknowyourrights/

bigturnip

Jonty71 wrote: »

Also, throw this at them - Sales of Goods Act 1979, as the item is not fit for the purpose it was sold.

http://www.consumerdirect.gov.uk/after_you_buy/know-your-rights/SGAknowyourrights/

What good will that do? They have offered to repair it as is their right to do.

parkemitch

As an O2 employee, it may seem inflexible I understand that but we are totally bound instore with matters like this. After 28 days the phone must be sent to our repair centre.
Officially its between 7-10 days but depending on the fault it may be longer.

If the fault cant be fixed then as your in contract they should replace it, or if they do fix it then thats the problem sorted.

The repair centre is very good, you phone will be totally examined for any faults that may have occured, not just the one we note down instore and they work very hard on what they do. So I would recommend letting us repair it.

With regards to the time without a phone, we will supply you with a loan phone for a small refundable deposit, and you can just put your sim in there.

Anything I say relating to O2 is my own opinion/knowledge only and not that of O2 direct.

Jonty71

bigturnip wrote: »

What good will that do? They have offered to repair it as is their right to do.

And the customer can refuse repair and ask outright for a replacement.

bigturnip

Jonty71 wrote: »

And the customer can refuse repair and ask outright for a replacement.

Only if the goods were faulty at the time of sale.

sporedude

Jonty71 wrote: »

And the customer can refuse repair and ask outright for a replacement.

Wrong, But nice try though.

4743hudsonj

sporedude wrote: »

Wrong, But nice try though.

nothing wrong with that, they can ask outright if they want, doesnt mean they have a right to get;)

Id just go for the repair op