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Vodafone contract problem, really need legal rights

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Widelats
Widelats Posts: 3,773 Forumite
The handset supplied is a nokia c301, it has a metal antenna running round the casing, this i believe is causing the problems. It was bought online.

I get a dire signal, 1 bar or no signal at all, i believe i am in my rights to ask for a different make of nokia even if its a cheaper model.

My contract is about a month old, use of the phone is very limited, around 1 in 2 calls will disconnect or i will have the people on the other side saying "hello?, hello..you there hello" i am saying hello and they don't hear me, this morning i called customer service again, the call was cut off early by the signal dropping out again.

I have emailed vodafone through their customer services online, was promised a response within 24 hours and got no response at all.

I talked to customer services chat too, this one i could record myself so i did i got everything he said copied down, again sending me around in circles and giving me no alternatives.

I took the phone to a shop today, they have give me a courtesy phone and the signal in my house is spot on, there is no problem with the courtesy phone signal its made of plastic and does not drop calls, signal is 3 bars or 4, apparently the shop assistant reckons there is no way i will get another phone off vodafone if this repair fails, "there won't be much more we can do i'm afraid" is all i'm hearing.

Am i within my rights here? I am paying for a service that is not being supplied with any quality, so i think if this repair fails and my service signal remains the same i would be well within my rights to cancel my direct debits, send back the phone and end this contract?
Owed out = lots. :cool:
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Comments

  • FB13
    FB13 Posts: 156 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    edited 18 June 2011 at 12:57PM
    Why did you wait over a month? You shot yourself in the foot by waiting so much.

    Someone else can explain to you why you won't be able to cancel your contract without paying it off, but your best bet now is to deal directly with Nokia. Your phone is under warranty from them. You should contact them and explain your phone is defective and does not get signal where you know you should be getting signal. They will either repair or replace the phone.
  • Widelats
    Widelats Posts: 3,773 Forumite
    edited 18 June 2011 at 12:58PM
    I need some real advice if my phone supplied is going to be defunct for 2 years, i can't complete that contract if that is the only thing that can be done, my problem is not with nokia, voda supplied the phone i did not buy off nokia.
    Owed out = lots. :cool:
  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You have no rights to cancel the airtime contract and the DD. You can use it with any handset.
    You are within your rights to demand your handset to be repaired/replaced so that you can use it.

    Consumer Rights
    "Give me my money back!"
  • Widelats
    Widelats Posts: 3,773 Forumite
    grumbler wrote: »
    You have no rights to cancel the airtime contract and the DD. You can use it with any handset.
    You are within your rights to demand your handset to be repaired/replaced so that you can use it.

    Consumer Rights
    "Give me my money back!"

    Do i have a right to ask for a different model of nokia? If the c301 continues to be useless with signal in my house?

    Voda staff reckon no i do not have that right.
    Owed out = lots. :cool:
  • FB13
    FB13 Posts: 156 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Widelats wrote: »
    Do i have a right to ask for a different model of nokia? If the c301 continues to be useless with signal in my house?

    No. They may give you a different model if you keep sending it back for being defective, but you do not have a right to demand a different model.
  • JJ_Egan
    JJ_Egan Posts: 20,281 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Widelats wrote: »
    Do i have a right to ask for a different model of nokia? If the c301 continues to be useless with signal in my house?

    Voda staff reckon no i do not have that right.


    No you do not have that RIGHT but if you asked nicely you might be able to .

    The key is in your house contract gives no warranty of signal in a specific location .

    What sort of signal do you get in other locations .

    jje
  • Widelats
    Widelats Posts: 3,773 Forumite
    Signal in other locations is ok, HOWEVER, i bought the phone as a main communication as i do not have a land line, but its not working with that handset.

    Problem would be solved by giving me a different model of nokia.
    Owed out = lots. :cool:
  • MissKeith
    MissKeith Posts: 751 Forumite
    Widelats wrote: »
    Signal in other locations is ok, HOWEVER, i bought the phone as a main communication as i do not have a land line, but its not working with that handset.

    Problem would be solved by giving me a different model of nokia.

    How do you know? As far as I can see, the phone is either faulty so you need to give them the chance to repair the fault or you have no 3G coverage in your house and switching this off in the settings should fix this.
    Have I helped? Feel free to click the 'Thanks' button. I like to feel useful (and smug). ;)
  • Widelats
    Widelats Posts: 3,773 Forumite
    MissKeith wrote: »
    How do you know? As far as I can see, the phone is either faulty so you need to give them the chance to repair the fault or you have no 3G coverage in your house and switching this off in the settings should fix this.

    She did this in the shop, switched off 3G and the signal did improve, but said she will send it away anyway, i'm more concerned about if it does not improve the problem would i be in my rights to get a different model, but thanks anyway.
    Owed out = lots. :cool:
  • MissKeith
    MissKeith Posts: 751 Forumite
    Technically no, but it seems like the lack of 3G coverage is your issue here. I'd be very surprised if you needed a different model once you've turned that off. They may be able to tweak the aerial during repair. Good luck!
    Have I helped? Feel free to click the 'Thanks' button. I like to feel useful (and smug). ;)
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