Faulty phone under contract

salvador2

My daughter took a two year contract with 3, two days short of a year ago. The phone has been repaired twice before ( same problem which it's a common problem for those phones). Today she needs to report the fault again and only has 2 days to do that before the guarantee expires.

The question is this, having the phone failed three times in a year one can assume the phone will fail again within the next year. Is there a case to request a replacement or cancel the contract under the consumer right act?

What are her choices?

keith1950

Hi, the phone and the contract are seperate issues.

If the mobile is faulty again get them to have another look at it.

If there is an inherent fault with these phones contact the manufacturer and see what they can do.

What make and model is it ?

What are the fault symptons ?

You have to give them the opportunity to to repair it.

salvador2

Hi,

3 has fixed the phone twice before and now they will do that again. So you could say that a chance to fix the problem has been given.

They will probably fix the phone this time but what will happen next time.....

Is that phone fix for purpose? Failing 3 times in one year...... I'm inclined to think her consumer rights are being violated. One should expect a well looked after phone to last more than a year. My iphone has lasted 4 years and it's still going. I think the consumer right act says something about goods lasting a reasonable time which in this case her phone lasted 5 months then fixed for a further 4 months before failing for the second time. They had the phone for a full month the second time round and now, 2 days before the year the phone is frozen again.

The phone is a HTC Wildfire and the fault is that it freezes - lots of people are reporting the same fault on Internet.

keith1950

Hi, a lot of instances of mobiles freezing is down to the amount of software downloaded, sometimes dodgy software with errors and bugs so they have probably just reflashed the phone.

There seems to be a lot of people with the Nokia N8 that complain of problems however most are software related.

I have one, I keep checking for updates and each time the phone seems to improve.

I purchased Kaspersky Mobile Security ( for around £12 on Amazon ) and it has so far stopped a few suspect files, even though I only use reputeable websites.

It could be that your Wildfire has on three occasions had suspect files downloaded and not actually been 'faulty'. No manufacturer can accept responsibility for customer missuse.

On the previous two occasions have you actually received a report on what work was carried out?

salvador2

Yes...... both times they have replaced the screen.

Not really a software problem. When it freezes it freezes completely and the screen goes blank.

I am after some advise on whether this issue violates consumer rights. The problem has been diagnosed by 3 already.

MissKeith

That definitely sounds like a software issue.

grumbler

If this is the case, they seem to be incompetent charlatans because they replaced the screen twice.