Trying to leave t molbile.....

buntyfarmer

my phone service is rubbish, the nokia n8 is rubbish, customer service is not very good.

i don't receive calls when people try to telephone me. so i have asked for them to sort it out and they are going to look at the phone. they can't offer a loan phone so i just have to wait until the phone comes back. this can take up to 6 weeks according to man in shop.

i would rather cancel everything with them and go back to o2. i wish i had never left them, i was drawn to another provider by a sparkly new phone!

do i have any right to cancel the contract if they are not providing the service i pay for? they have offered not to charge me for the time i am without a phone....

DUTR

buntyfarmer wrote: »

my phone service is rubbish, the nokia n8 is rubbish, customer service is not very good.

i don't receive calls when people try to telephone me. so i have asked for them to sort it out and they are going to look at the phone. they can't offer a loan phone so i just have to wait until the phone comes back. this can take up to 6 weeks according to man in shop.

i would rather cancel everything with them and go back to o2. i wish i had never left them, i was drawn to another provider by a sparkly new phone!

do i have any right to cancel the contract if they are not providing the service i pay for? they have offered not to charge me for the time i am without a phone....

You do, but you would have the difficult task of proving it, sadly for you, your word will not be good enough, it will be easy for someone to visit the area with a similar handset on the same network, personally I have 90% confidence they will have a different experience to what you are describing.

buntyfarmer

oh dear

how about a long list of dates and times of when i have experienced the problems?

what about if they don't resolve all the other problems with the phone?

keith1950

Hi, what is the signal strength in your area, I have a Nokia N8 and find it to be a well built and versatile phone , maybe not the functionality of the Samsung Galaxy S , but I prefer them both to the iphone. When you complain about an issue I have always found it best to concentrate on the main issue and not string in a list of other minor problems. Unless the phone has an actual fault there is no way you can say the N8 is a 'rubbish' phone, it may not suit your needs but that is a different issue. If it is faulty they should fix it,so your only hope of getting out of the contract would be based on signal strength. I have in the past found it better and quicker to return the phone to a Nokia service centre rather than rely on the shop doing it for you.

grumbler

Phone and airtime contact are separate.
The phone is covered by the warranty and SOG act. You can get a basic phone for a few pounds and use it while they are checking/repairing the main one.
It is always a good idea to do some research before signing a new contract.
I think they are supposed to check coverage in your area before selling the contract. If you have been experiencing problems with reception from the very beginning and kept complaining from the start you can try insisting in cancellation saying that your were mis-sold.

DUTR

buntyfarmer wrote: »

oh dear

how about a long list of dates and times of when i have experienced the problems?

what about if they don't resolve all the other problems with the phone?

As mentioned , if it were the network, others would have reported problems in the area, so that can be ruled out, next is the handset, my bro has one, fantastic kit but obviously there is a 99% chance we are not in the same area as you are using your handset.
Sometimes people want a handset (usually an iphone) get an alternative handset, get 'blinded' by the word free and then the reality of signing up to a Looooooooong commitment becomes apparent .
If folk chose a sim only deal and purchased a handset outright, 1) they would think long and hard about if the handset is really worth the premium , 2) if the network is failing them, no more than 30 days notice is required to jump ship.

If your handset is faulty it will get replaced/repaired and you will be content again :beer:

steve00117

I had a problem with my Galaxy S not turning on, took it to the T-mobile shop and they sent it away to be repaired (took about a week). They also gave me a loan phone.

diamonds

Demand to pay even 1p for a mobile as then it is part of the contract and not a free gift, free phones on contracts are grey area under Sale of Goods Act, you end up signing for the sim & service only to use the contracted service, the mobile is given free and you can use any unlocked phone for access to the service so the legal responsibility for T-Mobile is glaring obvious as the retailer if you paid 1p, other than that thats why we consumers have to send a handset away as it falls under the manufacturer warrenty not the sale of goods act because you didnt buy a handset, yes in a small claims court you will win but who needs the hassle ? Ofcom really should insist a 1p minimum sale of ANY handset so sale of goods act applies to "insert network" not the handset manufacturer and we consumers are in a better legal position

buntyfarmer

ok, i will focus on not receiving calls. they say service in my area is not great but my partner lives here too and has t mobile and people have never told her she is not contactable by phone. people have said this of me. Seemed ok before I moved house, now it is not great.

Would service affect whether I can access emails and such? is this different to mobile phone reception? do they correlate?

I will see what they do about it but the man in the t mobile shop said that they have sent lots of these off and it's not resolved the problems people have had with the phone. this is one person's report I suppose. I was in a bad mood when I said the phone was rubbish. i do like it, just the internet crashes whenever i try to enter text and spell a new word, which is not ideal. it also turns off a lot.

grumbler

diamonds wrote: »

Demand to pay even 1p for a mobile as then it is part of the contract and not a free gift...

Well, under the SOG act the retailer will have to either repair/replace it or to make a refund. Do you really want 1p refund?

diamonds

No the retailer and network can legally tell you to go to Nokia under their warranty, a small claims court would see it as part of the contract to access the service with the sim, but a FREE handset under the Sales of Goods Act is not covered - a 1p handset purchase avoids this where the retailer is liable under the SOG Act as not fit for purpose and of merchandaisable quality

The Goods were free, the sim/service is not dependent on that INDIVIDUAL handset.



SOG Act 1979

Section 2


Contract of sale.


(1)
A contract of sale of goods is a contract by which the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration, *called the price*.

(4)
Where under a contract of sale the property in the goods is transferred from the seller to the buyer the contract is called a sale.

The price T-Mobile takes is for a price plan monthly under the agreement NOT for a FREE handset to access the service. Legally you cannot add a amount per month to that account for a handset purchase as that is then a seperate "credit agreement" from the sim/service.

That's why 3UK started selling "video calling" packs that were "handset dependent" when Kevin Russell the head honcho at 3UK took over 3UK from being head honcho at 3AU - and in AU under AU legislation networks can add a credit agreement to a mobile service agreement known as a Mobile Repayment Option.

And thats why AU like MRO as you have the equivalent of the SOG Act in everyone one of the AU states if you have a MRO.

Even a 1 cent a month (0.5pence) MRO protects consumers from retailers copping out to manufacturers....