Ending contract for faultyphones - have I any rights?

blunther

Hi,

I'm a bit frustrated with my phone, and was wondering if I have any rights to early termination of my contract.

I have a Dell Streak, which I pay £40/month for. I love it, it's a beautiful device, but about 30 days after buying it, it stopped charging. I returned it to O2 for repair - they couldn't repair it, so sent me out a new phone - no complaints there!

However, now, three weeks after getting the new phone, it's doing the same thing and refusing to charge! All I can imagine is that it's an inherent fault with the phone, and since it takes so long to set up and get ll my data back, I can't keep getting a new one, or seding it for repair, every month.

Presumably O2 will be billing Dell for faulty phones In which case, is it possible to get an early termination of my contract on the grounds that the product is not fit for purpose? I've no qualms with O2, and would use them again as they're best for reception round here, but can't keep going through this rigmarole!

Many thanks for any help!

Hintza

You are possibly correct but I might take the view third time lucky but make them aware that if it happens again you will expect a decent alternative.

I doubt you can be fairer than that and you should come across as reasonable.

blunther

Thnks Hintza - a new twist - they no longer stock my phone. They have offered me five inferior phones - not even new, but refurbs, with no accessories !Some of them are availalbe new, for half the price I am paying! How can this be legal?

Hintza

The only thing you can go on is how they price them up on their website and pick one that is equivalent or ask them to cancel the contract.

But better read their T&C's with a fine tooth comb in case they cover themselves in there.

Chimpofdoom

The thing with o2 is.. and any network for that matter.

You may get a free phone with your contract.. but the phone isn't actually part of the contract!

You could of dropped your phone off the side of a cliff and they would still expect you to pay up even if you didn't have a phone. The simple agreement is that you've agreed to contract X for Y amount of months, and the phone is your responsibility.. hence why they offer you insurance!

Well it's not as if they don't stock your phone.. your phone is out of stock.. they might get it back in. It might be worth asking if you can pick up a new Dell streak from an o2 retail unit?

blunther

Thanks for the replies. Accoridng to the chaps I spoke to, they've stopped stocking the Dell Streak for good, though it still just shows as 'Out of Stock' on the website.

the only otherphone I want is the iPhone 4, which, SIMFree retail-value wise, is £50 more, but for the inconvenience they are causing, and the fact it'll be a refurb, it seems a reasonable request. The phones they are offering are free on £20/month tarriffs, and it's insulting almost that they're only offering a refurb even of these phones! It just seems that as they will get their money back for the phone from Dell, as apparently they're not liable, I should be able to end the contract and send the phone bck, as they're no longer providing me with what we signed up for.

unholyangel

blunther wrote: »

Thanks for the replies. Accoridng to the chaps I spoke to, they've stopped stocking the Dell Streak for good, though it still just shows as 'Out of Stock' on the website.

the only otherphone I want is the iPhone 4, which, SIMFree retail-value wise, is £50 more, but for the inconvenience they are causing, and the fact it'll be a refurb, it seems a reasonable request. The phones they are offering are free on £20/month tarriffs, and it's insulting almost that they're only offering a refurb even of these phones! It just seems that as they will get their money back for the phone from Dell, as apparently they're not liable, I should be able to end the contract and send the phone bck, as they're no longer providing me with what we signed up for.

You usually find with contract phones that the contract for goods and contract for services are separate. Read through your contract very carefully and see the exact wording of it as whether you get a new phone or not will probably end up being dependant on either that or O2's goodwill.

blunther

Sorry to bump, but just wondering if anyone knows if I have any rights to end my contract since I'm no longer recieving the product I'm paying for...?

Thanks!!

Chimpofdoom

blunther wrote: »

Sorry to bump, but just wondering if anyone knows if I have any rights to end my contract since I'm no longer recieving the product I'm paying for...?

Thanks!!

But you are receiving the product your paying for..

The phone is not the product.. the minutes/text's are. By not taking another phone, your waiving your right to use the product.

blunther

Chimpofdoom wrote: »

But you are receiving the product your paying for..

The phone is not the product.. the minutes/text's are. By not taking another phone, your waiving your right to use the product.

I can kind of see that, and the chap I spoke to said as much, but surely it's implicit that the price of the phone is included in the contract, as the same company offers the same minutes/texts for half the price with an inferior product, which is all they are offering me!

If the minutes/texts were the sole product, then all phones should cost the same per month, but as we all know, that isn't the case, and cheaper phones have cheaper monthly costs...

crittertog

blunther wrote: »

but just wondering if anyone knows if I have any rights to end my contract since I'm no longer recieving the product I'm paying for...?

Normally, when you purchase "bundled" items, the contract is for the both items, even if one is "free". As such, O2 should give you a replacement telephone, as it's failed twice in short order so you could argue it's not fit for purpose. As for getting out of the contract (actually a credit agreement, IIRC) ... that's a tricky one ... I'm going with in reality probably not (the argument would be breach of contract due to defective goods, but a replacement equivalent phone would probably be the outcome).