i need help and advice!!!!

wiggles41

Hi everyone,

i do hope someone can give me some advice.....

My son in febuary took out a 18month contract with TMobile and got a Blackberry 8900 as part of contract deal....

After a couple of months the phone started experiencing some issues, contacted tmobile who advised us to take it to one of the tmobile shops to be sent away for repair and a loan phone would be given....

We visited tmobile shop 3 times over the course of a month and no loan phone was available on each ocassion...

i contacted customer service back and spoke to a lovely gentleman to whom i wxplained the situation and because my son has a disability to be without a phone would be very inconvienant on a health and safety basis.... he fully understood and instantly arranged an exchange via DHL, which arrived the next day, a brand new blackberry!!!!! :-)

Less than a week lata the ear jack wasnt working, we tried 4 sets of headphones to no avail, again i contacted customer service and explained this was unacceptable for a phone less than a week in receipt,i was told that i'd have to take it to a Tmobile shop and after theyve checked it and verified theres a fault there willing to exchange again, i expressed my concern that they were disbelieveing me and that due to work committments it may be 2 weeks till i can get to a store and why should my son be without a fully working phone YET AGAIN!!!

However today i trotted off to the store for the manager to confirm instantly there is a fault and informed the customer service team, i then spoke to them and was telling them that 3 phones in 6 months is not right and that my opinion is the blackberrys which were originally made as business phones cannot cope with the usuage of BB'ing,internet,texing,calls etc (ive had numerous friends whose had nothing but probs with these phones) however i told Tmobile that my son is willing to pay extra aswell as a higher price plan to change the phone completely, basically i felt i was laughed at

what i wanted to know before i contact head office tomorow, do we as the customer have any rights to a change of phone or anything as im pulling my hair out in frustration< there trying to base the time on the first phone going wrong and not the recent phone..

PLEASE HELP SOMEONE

Many thanks

Oscar_The_Grouch

Hi Wiggles

You are well and truly in the driving seat on this one.

What you need to do is decide on what your goals are from this issue. Do you:

1. Want to get out of the T-Mobile contract and go elsewhere
2. Want a replacement phone for your son that actually works

Here's the advice:

1. Get out of Gaol Free
The Sale Of Goods Act means that the company providing the goods must ensure that they are of a servicable quality. This means that T-mobile must provide you with a phone that works and on the basis that they have had 3 chances in 6 months, you can argue that they have breached their lawful obligations and you are entitled to return the phone without penalty.

This does not get you out of the phone contract

I'm in a bit of a grey area here, as I can't find a copy of the T-Mobile contract, in order that I can rip holes in it. What you need to do here is argue that they knew your son was disabled and failed to provide him with reasonable service "under the terms of their contract and the Disability Discrimination Act" (not strictly true, but you may as well play that card and see what they say) so have breached their own contract and made it "null and void".

I know you will hate doing it, but you need to really play on the fact that your son is disabled. Don't get me wrong; I'm disabled too, so I know where you are coming from. I don't go out of the house without my phone and would want to ensure that I had a reliable phone at all times. Make a real point of that - mention that you know other people who are disabled and feel the same way (ok, you don't know me but we'll call that a little white lie).

Finally, threaten them with the press. I am sure that if you mention the Daily Mail, they will back off.

2. New Phone

Essentially, you need to go in with the Sale Of Goods Act and tell them that as they have not been able to provide your son with a working phone, you want one to the same value. That should be something like the HTC Wildfire (a very popular phone on the Android operating system) or another phone that retails for about £250 "sim free".

You may also want to play on the "It's been six months" to see if they will chuck in a couple of free months line rental for you.

All the best and if you need some more help, please feel free to PM me.

wiggles41

Thank you so much for your lovely reply.....

Tmobile have arranged for a new Blackberry 8900 to be delivered on tues, shall i except this delivering or not, as im worried if i except then the dispute is settled,

They have never offered any reimburstment of line rental etc for all the inconvience, should i push for this?

My boy is only 18 and due to mobility issues when he is unable to go out and visit friends he's mobile is he's socializing tool....

I put to him that due to the age of my son and what these youngsters require from phones he is happy to upgrade he's plan from 35.00 a month to 45.00 a month for a betta phone , do we have a right

i just feel im bashing my head against a bunch of robots at the end of the phone

Thank you again for your help