Mobile sent for repair received basic replacement

[Deleted User]

Hi,

My partner took out a 24mnth contract for a Samsung Galaxy S with O2. Just after a month it started playing up so we went to O2 to get it repaired, they said they have to send it the the manufacturer and can take 2 weeks. We argued over the fact they would only provide a basic temporary phone because I read elsewhere that...

Sale of Goods Act

The retailer’s obligations

If any inconvenience is caused you should be given a replacement item on a ‘like for like’ basis (and not simply the cheapest and most basic model).

So my partner is paying for a phone that she is not using...

Where do we stand?

Thanks

Forwandert

Does the replacement make/recieve calls, texts etc?

visidigi

thank your lucky stars you got a replacement, most stores don't have them and as the phone and tariff are separate entities then they are not obligated to provide you with one.

The section quoted above is if they are permanently replacing the item, not as in your case providing a temporary replacement while repair occurs.

Be grateful you got anything - I went three weeks without a handset when my HTC failed...

[Deleted User]

Forwandert wrote: »

Does the replacement make/recieve calls, texts etc?

It does, but it lacks the internet and many other features that an Andriod phone has... My partner also pays extra to have 500MB of internet usage a mnth which she obviously can't use...

visidigi

she wont be without it for months though, usually a repair is done within 10 working days...and remember, like above, the phone and tariff are entirely separate as far as the network is concerned (e.g. if she lost the uninsured handset she would still have to complete the contract as purchased).

[Deleted User]

visidigi wrote: »

thank your lucky stars you got a replacement, most stores don't have them and as the phone and tariff are separate entities then they are not obligated to provide you with one.

The section quoted above is if they are permanently replacing the item, not as in your case providing a temporary replacement while repair occurs.

Be grateful you got anything - I went three weeks without a handset when my HTC failed...

We had to pay £25 deposit to get the replacement.

With regards to the tarrif and phone being seperate... you pay for the phone as well as calls together (which is why the more expensive phone the more expensive the contract??) , so I would expect to be refunded the payments that go towards the phone as we haven't been able to use it due to no fault of our own.

Forwandert

[Deleted User] wrote:

It does, but it lacks the internet and many other features that an Andriod phone has... My partner also pays extra to have 500MB of internet usage a mnth which she obviously can't use...

May be worth a phone call to o2 to get a discount for the period the data is unuseable, apart from that there really isn't an issue here.

[Deleted User]

Forwandert wrote: »

May be worth a phone call to o2 to get a discount for the period the data is unuseable, apart from that there really isn't an issue here.

But we're still paying for the phone in the contract, only for a couple of weeks I know and it won't be a lot of money but it's besides the point.

I've had enough with all mobile phone companies. They all push to get your money but when it comes to them paying out they never do. My expereince with paying for the contracts a month in advanced is ridiculous, they just hope people get confused and don't bother fighting for there money back at the end of the contract! If the company has been informed a month in advance before your contract ends then they should only take the money for calls and not line rental as you've already paid a month in advance at the start of the contract. I'm still waiting for my money back... though they were quite happy to send me threee reminders of payment when I cancelled my direct debit! Once I explained it to them they said I don't owe them anything but did I get anything back as the calls were cheaper than the line rental... no...

visidigi

[Deleted User] wrote:

We had to pay £25 deposit to get the replacement.

With regards to the tarrif and phone being seperate... you pay for the phone as well as calls together (which is why the more expensive phone the more expensive the contract??) , so I would expect to be refunded the payments that go towards the phone as we haven't been able to use it due to no fault of our own.

Nope - the phone is not included in the contract - the phone is separate.

You pay more for your minutes, texts and data as that is the price if you want to have the free phone. If you want a different free phone then the network can do the minutes and texts for less - its all about core cost and core profit.

If you lose or damage the G S II phone while under contract then they don't give you another (unless insured) and the contract isn't cancelled, the price remains the same for the contract even though you lost the phone.

Its a very common misconception that people buy the phone based on the tariff cost, thats not true, check your contract, they are separate items and one does not require the other to function. The price remains the same whether you use the sim in that phone or another.

You can by all means ask for goodwill, but its not o2's fault the item when faulty, which is why they treat the phone and data separately - ask the question, but I do not beleive they are compelled to give you a refund...if they do it would only be £3 or so (£6 a month for avg. data, you will liekly be without it for 10 days or so).

Esqui

When my phone went off for repair, T-Mobile automatically discounted the bill for that month as I was unable to use data. I didn't even have to ask.

Be thankful you have any phone loaned to you.