Broken mobile - what are my rights?

meangreenie

I have a Nokia C3 phone that is playing up with an intermittent fault. I have had the mobile for approximately 3 months and the fault renders the phone inaudible, it is on contract for 18 months via Carphone Warehouse. I have looked at the Nokia forums and have found other users with my problem, I pointed this out to the salesperson when I returned to phone to Carphone Warehouse but they have insisted that the handset be mended. Although the salesperson was very polite I now have a smelly (a smoker has used it) mobile that is a lesser specification than my phone. It will take at least 2 weeks probably more to check it out/mend - my research on the internet indicates that this phone is likely to continue to fail even if mended.:(

What should I do?

grumbler

http://www.which.co.uk/consumer-rights/sale-of-goods/understanding-the-sale-of-goods-act/your-rights/

If you want to get your money back

If you buy a product that turns out to be faulty, you can choose to 'reject' it: give it back and get your money back. However, the law gives you only a 'reasonable' time to do this – what is reasonable depends on the product and how obvious the fault is. However, even with something like a car, you usually have no more than three to four weeks from when you receive it to reject it.

If you want to get a faulty item replaced or repaired

You have the right to get a faulty item replaced or repaired, if you're happy with this (or if it's too late to reject it). You can ask the retailer to do either, but they can normally choose to do whatever would be cheapest.
Under the Sale of Goods Act, the retailer must either repair or replace the goods 'within a reasonable time but without causing significant inconvenience'. If the seller doesn't do this, you are entitled to claim either:

• reduction on the purchase price, or
• your money back, minus an amount for the usage you've had of the goods (called 'recision').

If the retailer refuses to repair the goods, you may have the right to arrange for someone else to repair it, and then claim compensation from the retailer for the cost of doing this.

This applies to the handset. The airtime contract is separate.
I think 3 months time is beyond a 'reasonable' time for getting the money (if any) back.
So, it's up to the retailer either to repair or to replace. Only our clever legislators know (do they?) what is 'reasonable time limit' for repairing.
You can deal directly with the manufacturer if you wish.

gjchester

meangreenie wrote: »

I have a Nokia C3 phone that is playing up with an intermittent fault. I have had the mobile for approximately 3 months and the fault renders the phone inaudible, it is on contract for 18 months via Carphone Warehouse. I have looked at the Nokia forums and have found other users with my problem, I pointed this out to the salesperson when I returned to phone to Carphone Warehouse but they have insisted that the handset be mended. Although the salesperson was very polite I now have a smelly (a smoker has used it) mobile that is a lesser specification than my phone. It will take at least 2 weeks probably more to check it out/mend - my research on the internet indicates that this phone is likely to continue to fail even if mended.:(

What should I do?

First your length of contract is irrlevent. The phone is guiaranateed (probly 2 years with a Nokia) but that nothing to do with the contract,


Regardless of if it is a known or not fault you still need to allow the retailer to repair it. You can ask for a replacment but the retailer is the one who can choose that not you. If they can;'t repair it they too get to choose a replacment, althoug it should be of a similar spec, but bear in mind yours is not a new phone it's a used one, so a replacement may be a used refurb, it has to be in a similar condition to the one you had when it went wrong not when it was new.

It sounds like you accepted a replacement (from the smoker and lesser spec bit) or is that a loan phone? Loan phone are that, what they have spare, you just need to use it or a old spare till yours is fixed.

You may get a better service returning it to Nokia direct who may have better knowledge, but even if the repair breaks you;'ll still have to give the retailer the option to repair or replace it.

meangreenie

It sounds like you accepted a replacement (from the smoker and lesser spec bit) or is that a loan phone? Loan phone are that, what they have spare, you just need to use it or a old spare till yours is fixed.

Yes - it is a loan phone, fortunately I have found an old phone in the house which smells much sweeter!

Unfortunately as the fault was intermittent it took me a while to realise that this was not just interference but the phone was faulty. It just got worse.

Hopefully they will replace this mobile. I certainly won't be impressed with a contract that lasts 18 months with hardware that doesn't.

gjchester

meangreenie wrote: »

Hopefully they will replace this mobile. I certainly won't be impressed with a contract that lasts 18 months with hardware that doesn't.

Unfortuantly the length of contract is irrelelvent. Your mobile contract is really two contracts, once for the supply of airtime, the other the hardware. The supply of the phone is dependant on the airtime contract but then after they are not related.

Once the phones warranty expires that it it's, regardless of the length of contract left. However Nokia (AFAIK) are one of the mobile co's that offer a 2 year warranty so your covered in this case. Others (noatably Apple) don't so you either take out extended warranty or hope a phone does not break.


They'll probably repair or replace it with a refurb and yours will go for repair then to someone else. Its unusual these says to get a loan phone, not many places still have them, of if they do they have very limited numbers so you were lucky to get anything...

meangreenie

Hurrah! My phone is now back and working. Thank you for your advice. I think next time I will be much more careful about the detail of my contract!