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Iphone contract issues.

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Hello,

Need some advice please. I've had an iphone 3gs since August 2009. In February of this year it developed an antenna problem and had no signal. I sent it off through my network provider o2 to be repaired and a couple of weeks later i got a call to collect it from my local o2 shop. The phone that had been returned was not my phone but a brand new one which to be honest i had no issue with, fair enough i thought.

A month ago my new phone developed a similar problem in that it can not receive a signal if it is not in a 3g area. As i work from home and live in a 2g area its pretty useless to me so once again i sent it off through o2. They have come back to me saying i must pay £135.00 for repair. They have told me that the warranty only lasts for 12 months. I told them it was a new phone in February but they said the warranty was from when i took out the iphone contract ie August 2009.

I've refused to pay and their sending me the phone back. My query is that they are still expecting me to pay £50 a month on an iphone contract for a handset that is faulty through no fault of my own. Is this breach of contract and am i within my statutory rights to break the contract with o2???

Any help much appreciated. Thank you in advance.

Wormy.

Comments

  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Switch the phoe to 2g when at home, perhaps they are doing work on the cellsite, I have had that locally in the past.
  • Jon_01
    Jon_01 Posts: 5,915 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    The warranty runs from the point the contract starts, not when you get a replacement or some would never end.

    The handset and the air time contract are separate, you can't end the contract because the handsets faulty.
  • I've tried changing from 3g to 2g with no luck. If the contract is an iphone contract then surely the least you can expect for your £50 a month is a fully functional phone?

    Anyway, thanks for the replys guys.
  • Techhead_2
    Techhead_2 Posts: 1,769 Forumite
    Its not a contract for a phone, its a contract for a service.

    If a warranty that lasts the length of the contract is important then you should choose one of the other manufacturers that offer two year warranties (ie. Nearly all the others)

    Alternatively, you could exercise your rights under the sale of goods act. Obtain an engineers report that the handset was faulty at manufacture, then claim a new handset (and refund of the report costs) from the retailer.
  • timberflake
    timberflake Posts: 1,623 Forumite
    Sorry, but you don't really have a leg to stand on. You pay £50 a month for a service not a phone. The warrenty on your phone has expired so you can either try to claim under the SOG act or pay up the £135.
  • Humphrey10
    Humphrey10 Posts: 1,859 Forumite
    Have you got a quote for a repair from Apple? Go into an Apple shop and speak to them, book a Genius bar appointment. They do out of warranty repairs.
  • Thanks for all your replies. Still narked about it and got my iphone back today still faulty. I'll look into the sog act but i get the feeling im onto a loser with this fault. Thanks again. :think:
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