Orange: Problem with phone out of warranty but in contract

phoenix__

Hi all,

I have a Blackberry Bold with Orange, I'm about 18 months through a 24 month contract.

After month 6 I got a replacement phone because the loudspeak stopped working meaning I couldn't hear the phone ring.

After month 11 (1 week within warranty) I got another replacement phone because the loudspeaker went extremely quiet.

Now, after month 18 (notice a pattern) I am experiencing the same problem. Additionally I am experiencing battery related problems.

I have been speaking to the Executive Office about this, they have confirmed the phone is faulty but are saying it is out of warranty so I must pay to have it repaired. I have explained my consumer rights (specifically last a reasonable length of time, when I'm in a 24 month contract then less than 24 months doesn't sound reasonable) but they are refusing to budge.

As this is a hardware fault, I can't go via CISAS, any suggestions for what I should do next?

As a side I'll mention here that in my letter to them, I also complained about consistent poor data service. They have acknowledged my comments, said 'data service isn't guaranteed' and not said anything else (despite several follow-up e-mails). Tomorrow is 8 weeks since I first contacted them about it so I can take this up via CISAS.

Cheers,
-Jeff

nsabournemouth

The phone has nothing to do with the contract i am afraid. Your contract is for connection to the network and that's it.

They aren't required to provide you with a data service, as long as you get a 2G service it's ok.

phoenix__

nsabournemouth wrote: »

The phone has nothing to do with the contract i am afraid. Your contract is for connection to the network and that's it.

But the supply of the phone does fall under the sale of goods act. Do you not think that it would be reasonable for a phone supplied along side a 24 month contract should last 24 months?

nsabournemouth wrote: »

They aren't required to provide you with a data service, as long as you get a 2G service it's ok.

I wouldn't agree with that; I chose a contract which included data services and currently 3 out of 5 times I try and use the data it doesn't work. Whilst it might be acceptable that on occasions data services does not work, over 50% failure isn't acceptable.

JJ_Egan

But the supply of the phone does fall under the sale of goods act. Do you not think that it would be reasonable for a phone supplied along side a 24 month contract should last 24 months?

No as contract has nothing to do with the phone . But the SOG may be of use regarding expected life of the phone .In which case trading standards would be the first to call .

drbesty

The contract doesnt make any reference to data, it relates to voice calling, because of this they dont have to guarantee a data service.

only_mee

merchantable quality 6 years

put that into google and have a read.

only_mee

Found this

What this means then is that if the 12 months guaranteed had expired you can still seek redress under the Sale of Goods Acts, Trade Description Act 1968 and subsequent legislation as well as Consumer Protection Act , Unfair Contract Terms Act etc. etc.. For example, if a Miele appliance breaks after the 12 months' guarantee then you can still get redress because no one really expects a Miele machine to break down on its 14th month, for example. In the case of an electrical appliance the normal expectation of operation is at least 12 months, therefore if it failed then it is possible that the goods are not of merchantable quality and you should be able to argue for a refund or further repair or replacement. Infact under the Sale of Goods Act, as indeed common with all consumer protection legislation and other laws, there is a statute of limitation of 6 years which means that you are able to take action up to 6 years (so long as you can justify that a product should last 6 years or more). I would say that a DECT telephone, good brand and well priced should last 2 to 3 years for merchantable quality. But a dubious brand DECT phone of £2.99 in the street market should be expected to last no more than 12 months or even a few months if it did not come with an extra guarantee!