Vodafone screw up and I'm paying for it

Guys_Dad

gjchester wrote: »

OP said

After 2-3 weeks, my phone started to play up.

unfortunatly he's outside the quibble period

I understand that. What I am saying is the original unbranded phone that he got was acceptable and passed the test during the 7 or 14 day no quibble period. According to OP, if what he has now would not have been acceptable during that period, and he would have rejected it had it been the original phone, then he has a valid claim on the basis of not being like for like.

I appreciate that software revisions can happen, but this seems to have been more than a straight HTC upgrade - this included some Vodafone software that was not on the original and, as a result, performance has slowed down. I believe this is an arguable case that would win in what is a non-technical small claims court.

Also, SOGA, in spite of what some people claim here, does give the consumer rights of rejection and gives them their choice as to whether or not they can claim a refund if the vendor is unable to supply them like for like in such a short space of time.

As for WelshPaul's suggestion of debranding and getting on with OP's like, well that may be a solution if (a) OP has the knowledge to do this and (b) Vodafone don't have any escape clause that says if you tamper with the software etc then they shed any responsibility to fix any fault from then on. Can WelshPaul confirm without any shred of doubt whatsoever that debranding does not invalidate any warranty?