Why wont Vodafone replace my faulty phone when I am still within contract?

showmethemoneyuk

Why wont Vodafone replace my faulty Samsung Tocco F480 phone when I am still under contract? I found out that the reason my phone is faulty is due to a possible manufacturing fault by Samsung (!) as many users online with the same model have also experienced the same random freezing with the touchscreen refusing to work. I sent it to Vodafone recently for repair. They sent it back, claiming that the new firmware update they have now put in it, should have fixed the phone, but it has not. One day after receiving the phone back, it was back to freezing once again, with its touchscreen only working when it wants to.

My contract is for one year, and ends next january. I phoned the Vodafone helpline today, and a call centre member told me that they will not replace the phone. They do not want my freezing phone back, and tell me that I should choose a NEW phone to start a NEW contract from this month, with my remaining months also being added on to the new phone! They wont replace my freezing phone with one of similar value, and let me remain in the contract I have now. Surely under contract (since its not up until next year) they should be replacing the phone I have now for free? My samsung tocco phone was on a one year contract, and has no damage. I never told them I wanted to start a new contract, I simply want to use up the one I am on now, but if I do this, they wont give me a new phone. They seemingly dont want to admit that the problem lies with the actual model. What can I do? Thanks for any help

Guys_Dad

Your handset was not on a one year contract - your service was.

Having said that, the reseller is obligated under SOGA to prove that the problem was down to your mishandling of the device or fair wear and tear - as it is over 6 months old. They can not simply say "We don;t want to investigate the problem" or refuse to fix an inherent fault.

That's where you stand legally. but you may need to recourse to law if they do not adhere to the SOGA.

grumbler

Consumer Rights


Samsung's warranty is 24 months for mobiles. Hence, the 'reasonable length of time' time can't be less than 2 years.
Vodafone are just fobbing you off - very typical for them. You can either push them harder using the above guide or deal with Samsung directly.

showmethemoneyuk

at first I assumed that they would not replace the phone because I would legally own the phone long before the 12 months were up, and it therefore now be too late to complain... Im betting they would simply label the freezing under "wear and tear" or make up some other excuse. So vodafone wont help with a replacement, and it wouldnt be worth the effort of telling samsung, as although they already know about this particular models freezing issue, I would probably still be highly likely in receiving an identical model back from them with the same problem. Since vodafone are unlikely to fix manufacturing faults, simply using up the current contract and buying a new unlocked phone (for use on vodafone) myself is probably the only way to go I could keep at them trying to get them to give me another phone, but if I did receive a new phone, they would probably give me the cheapest model going, which would be similar in cost when comparing to the vodafone helpline 0845 telephone bills, lol. thanks

grumbler

I think you own the handset from the very start of the contract, but this has nothing to do with the SOG act and warranty.
It is wrong to assume that Samsung will refuse to repair or replace it if the handset is not damaged.

purple.sarah

I'm on an O2 contract, when I had a fault with my handset they only fixed it because it was insured and when I asked if a courtesy phone was included with my contract while this was happening they said that the contract with them was for the service not the phone. So I think they will only fix the phone if it is insured otherwise you can use the sim in another O2 phone and it is the contract on the sim you are paying for not the actual phone.

showmethemoneyuk

thats a good point-whether I own the phone or not may make no difference (since the rules for replacement of faulty goods is a seperate issue altogether whilst I am still under contract). I didnt realise this phone was worth £100 online on pay as you go-i still doubt I would get a different model of phone of similar ability if I kept at them though. If it locks completely and refuses to work, as it did before, I would more likely be in a constant loop with them asking me to send the phone back to their 'repair' department once again with little results. thanks for the O2 info, labelling genuine manufacturing faults down to the user, and only replacing the phone when insured i suppose thats one way for them to save money, lol

MissKeith

If they are offering a repair, they are acting within the law and you have no right to a replacement.

Vodafone

Hi showmethemoneyuk,

I am sorry to hear that you have been having some problems with your handset. You will be covered under warranty for the device but we will always try to repair the phone first before looking at other options.

If you email me via the address here with WRT135 FAO Heidi in the subject and include a link to this thread, I will be more than happy to look into your options.

Kind regards,

Heidi
Web Relations Team
Vodafone UK

showmethemoneyuk

I have now emailed and hope that I can get help, although it froze just once when I got it back from vodafone repair, as of today, it has started freezing constantly on and off yet again, working perfect one minute, the next unusable I cant use a phone under contract that isnt stable. thanks for the help

keith1950

A phone freezing is sometimes caused by software you have installed or by a virus you have downloaded.

When they updated the firmware did they completely wipe the phone of all your data, if not ask them to do so.

When they first received the phone, if the fault didn't show their first step would be to update it and run it for a while.

That hasn't cured your problem so the phone needs to go back to be tested/examined for a longer period.

They do need to see the fault otherwise there is little they can do. Intermittent faults can be a nightmare.