Orange replacement phone problem

Stephen_B

Hi Guys!

Right, in August last year I upgraded my contract with orange and got a nokia e5 on dolphin 25.

The boxed handset was faulty out the box, and was replaced the same day. I then had a faulty handset speaker 2 months later and it was replaced

And in the last 2 weeks Ive had 3 handsets all with the same fault, that they wont connect properly through USB, especially if you try to do a software update.

So Orange "kindly" said they could offer me with an alternative model.

This was a motorola DEXT. I was not happy with this as I took out a contract 6 months ago with a brand new model, and they are offering me a phone thats not very good and been around since 2009.

However when I challenged this to the indian call centre they asked me if id like to me connected to sales to purchase a PAYG phone!

And as the supervisor didnt ring me back I rang again and the this time english guy still refused to offer me any other handset as the DEXT is apparently the only one comparible.

Orange however do have several other phones spec and price wise but they refused to offer me anything else.

Im running out of ideas what to do, I dont want an iphone or anything sill like that, just a HTC wildfire or something of a similar spec/value.


Hope someone can help

Thanks

Jon_01

The agents you speak to have the computer tell them which handsets they can offer you as a DMR. They can not over ride or change in any way what the system prompts them with, it's all preset based on the spec of the model. The age of the handsets isn't taken into account.

You could try asking to talk to a team leader, they 'might' be able to do something, but the system is locked down fairly tightly. . .

Stephen_B

What annoys me is that, for example if you had a faulty SE X10, they would offer you a selection of phones. They will only offer me this. Thing is, there are several phones that are free on my price plan that they will not offer, takes the mic!

Ive lost all faith in Orange, Ive been a loyal customer for over 4 years and I will be leaving as soon as possible.

tazdevil01985

Stephen_B wrote: »

What annoys me is that, for example if you had a faulty SE X10, they would offer you a selection of phones. They will only offer me this. Thing is, there are several phones that are free on my price plan that they will not offer, takes the mic!

Ive lost all faith in Orange, Ive been a loyal customer for over 4 years and I will be leaving as soon as possible.

At the end of the day Orange dont have to give you a DMR !

gjchester

Stephen_B wrote: »

Hi Guys!

Right, in August last year I upgraded my contract with orange and got a nokia e5 on dolphin 25.

...

Im running out of ideas what to do, I dont want an iphone or anything sill like that, just a HTC wildfire or something of a similar spec/value.


Hope someone can help

Thanks

Remember yours is not a new phone it's 6 months old. The E5 was a blackberry style "keybaord" phone and the Dext is a similar phone in terms of target market.
It may be as simple as what they have in stock, if all they have is the DEXT then theres no use asking for anything else as they won't have any.


The Wildfire is not really the same target market which is probably why your not being offered it.

Stephen_B

alright then so your saying I should either accept:

1) A phone I know will be faulty again and again as the usb issue appears to affect the vast majority of branded EU E5's

2) pay over 30 a month for a phone that is not very good, worthless and old?

I dont think so. I have written a formal complaint to them anyway see what happens.

Its like saying in a Currys, ok, your 42 inch Sony 1080p plasma TV has broken several times in warranty, you have the option of another model. But its worth half as much and is not as good picture quality.

Would you stand for it? I dont think so.

gjchester

Stephen_B wrote: »

2) pay over 30 a month for a phone that is not very good, worthless and old?

That will be the point. If you think it's worthless and old then under DMR you get a similar phone not a new or more recent one. The key is similar phone, not similar age or value.

And remember you pay £30 a month for voice, text and data services. The phone was a free gift for joining. The provision of the phone IS NOT related to the provision of airtime services.

Stephen_B wrote: »

Its like saying in a Currys, ok, your 42 inch Sony 1080p plasma TV has broken several times in warranty, you have the option of another model. But its worth half as much and is not as good picture quality.

Would you stand for it? I dont think so.

I understand your point but let me give you a very close example. My parents bought a Sony TV that cost about £500 about a year ago, that same TV is now on sale for £300 (where you can find it as it's end of line). In that case if Currys swapped it for another then a similar one or a new one costing £300 would be a simlar model. You have the choice change model to something that may be more relaible in the use you have, or keep putting up with the faults.

However lets be clear, as long as Orange are taking and fixing your phone they are complying with the law. You say the issue is with eu branded E5's, does that mean the fault lies with the phone or the branding? Who knows but thats irrleelvent to an extent, as long as they are willing to fix it then thats enough to comply with the law.

Good luck, I hope you get your swap but you don;t have much legal grounds to go on as they are doing repairs.

Orange_Company_Representative

Hi Stephen,

I confirm the process you have been advised is correct. As a Network Provider we are not obliged to replace the phone as this does not form part of your agreement with us and is under warranty with the manufacturer.

We do replace phones that develop faults within the first 6 months as a gesture. If your phone has had the same fault on a number of occasions you may be offered a different model, however this is system generated the options cannot be amended. If faulty outside the 6 months and without insurance you would have to contact the Manufacturer, who as with most companies will either repair or replace with a like for like model.

Hope this clarifies the matter.

Steve, Orange Helpers

Twitter: @OrangeHelpers
Facebook: Orange UK

d123

Orange_Company_Representative wrote: »

Hi Stephen,

I confirm the process you have been advised is correct. As a Network Provider we are not obliged to replace the phone as this does not form part of your agreement with us and is under warranty with the manufacturer.



Steve, Orange Helpers

Twitter: @OrangeHelpers
Facebook: Orange UK

Even though it doesnt have a direct bearing on the outcome of this story, (as Orange have offered a replacement), you do realise your terms cant over ride UK law?

It might not have been supplied with the airtime agreement, but as an upgrade Orange are the retailer and so bound by the Sale of Goods Act.

The buyer has no contract with the manufacturer, his contract is with the retailer, in this case, Orange.

Orange_Company_Representative

Hi d123,

I think you may be slightly mistaken on that one. When entering into an agreement with Orange the agreement is for use of the Orange Network. Whilst we give a phone when a new agreement is taken, we are not obliged to replace the phone as our agreement with our customers is specifically for network use. Our Terms and Conditions do confirm this. As has been advised we have offered a replacement phone and on this occasion even an alternative.

Hope this clarifies things.


Steve, Orange Helpers

Twitter: @OrangeHelpers
Facebook: Orange UK

gjchester

Orange_Company_Representative wrote: »

Hi d123,

I think you may be slightly mistaken on that one. When entering into an agreement with Orange the agreement is for use of the Orange Network. Whilst we give a phone when a new agreement is taken, we are not obliged to replace the phone as our agreement with our customers is specifically for network use. Our Terms and Conditions do confirm this. As has been advised we have offered a replacement phone and on this occasion even an alternative.

Sorry not sure how thats relevent.

I agree Orange Airtime is a seperate contract but assuming Orange was the retailer of the handset (ie not an affiliate) then Orange is responsible for the provision of warranty under the Sale of Goods act.

It may be faster to go direct to the manufacturer for repairs, and Orange's remedy may be to take in the handset and send it to the manufacturer on behalf of the customer, but it does not alter the fact the retailer (ie Orange) is responsible for the warranty under the SOGA. Unless the customer has bought the phone direct from the manufacturer the responsibilty always lies with the retailer.

It may be that the Orange (Airtime) arm of the company is a seperate entity to Orange shops (Retail) but that doesn't change the point that Orange cannot alter peoples statutary rights via contract terms.