Contract mobile phone faulty - who do I contact?

craig86

Hi,

I took out a mobile phone contract in December which came with a "free" handset. The handset is now not working properly. I've had a look online and it seems like it is a fairly common fault with the model of phone I have (it's a Motorola Defy - the problem being that I cannot hear what the other person is saying unless I put it on speakerphone).

I would like to know:
a) what rights do I have in terms of getting it repaired or replaced?
b) who is responsible for the repairs / replacement? (The phone is made by Motorola, I bought it from Phones4U, and T-Mobile is the network provider.)

Thanks

vuvuzela

The quickest way is to contact t-mobile. They will give you the details to send it off to Motorola.

craig86

vuvuzela wrote: »

The quickest way is to contact t-mobile. They will give you the details to send it off to Motorola.

Thanks for the response. Is that the best I can hope for? I know that with faulty goods the shop you bought them from is legally obliged to give you a refund, i.e. they can't fob you off by saying you have to contact the manufacturer. Does the same not apply with a mobile phone contract?

halibut2209

No. The phone and the contract are two separate entities.

And they are not legally obliged to give a refund. They can choose to repair or replace as well.

craig86

I've just been reading the consumer rights article, and it says the following:

When you buy goods on their own, with no service attached, you're protected by the Sales of Goods Act. Yet if you buy goods as part of a service, eg a handset with a mobile contract or a boiler that you ask a gas company to fit, you're protected by the Supply of Goods and Services Act.

And if the goods supplied as part of the service become faulty, it's the service provider that's responsible for sorting the problems, not the supplier of the goods.

The protection's the same as the Sale of Goods Act though, ie the Sad Fart rights. It's just that complaints must be made under the service law.

So in this case, the service provider is T-Mobile I assume? Unfortunately the article doesn't state what "sorting out" entails...

halibut2209

repair, replace, or refund. Their choice. More than likely it will be a repair.

craig86

halibut2209 wrote: »

repair, replace, or refund. Their choice. More than likely it will be a repair.

I don't really mind what they do, I just want a phone that works (and quickly!)

Thanks for your help