Dead phone with T-mobile for two months.

mikenco

Hello

Anyone have any experience of dealing with T-mobile when something goes wrong with the phone?

I have (had) a HTC Desire Z with burnt out. I took it back to T-Mobile mid June. They still have it and say they are STILL waiting parts.

I keep asking them for some sort of resolution and even mentioned today that they are not honouring their end of the contract and I might contact Trading Standards. At what point do you think I can tell them to 'poke off' and cancel the agreement.

Every time I speak to them, they say "We'll contact the repair centre and get back to you".. which they never do.

It's getting like Ground Hog Day.

Thanks in advance for any input!

grumbler

The consensus here is that you cannot cancel the airtime contract because of the phone. It is a separate contract.

Regarding the phone, it is covered by the SOGA: http://www.which.co.uk/consumer-rights/sale-of-goods/understanding-the-sale-of-goods-act/your-rights/

Quote this to T-mobile and demand a temporary replacement handset as they obviously have already breached their obligations to "repair or replace the goods 'within a reasonable time but without causing significant inconvenience' ".

mikenco

Thank you for the swift reply.

I have since contacted Trading Standards via the Consumer Direct Team, who have advised me that I need to write to them (and send by recorded delivery) to advise them under the The supply of goods and services act 1982 that they have failed in that "service not carried out in a reasonable time frame" and "time of the essence" they provide the repaired phone or a replacement within 14 days or I am within my rights to cancel the contract and can seek compensation for the two months that I have been without the phone.

I'm new to this, I just want what I am paying for!

mikenco

They offered an ancient Nokia phone in replacement, but I already had the Sim in an old Samsung, which the staff in the shop said was probably better than their loan-phone.

Guys_Dad

How old is the phone that is kaput?

mikenco

I intend to send this.. do you think that should do it?


T-Mobile
6 Camberwell Way
Doxford Technology Park
Sunderland
SR3 3XN

9th September 2011

To whom it may concern

RE: repair of HTC Desire Z on contract phone for [phone number]

The top half of the touch screen stopped working, then shortly after the phone would not reconise the charger and the charging cable became hot. I submitted the phone to your Dover branch for repair under warrenty. They offered an old Nokia as a replacement but said that it was no better than the old phone I had already transferred the sim card into, so I politely declined. They advised that the repair could take up to twenty eight days.

Since that time, I have contacted the Dover shop several times and personally been into the branch. I contacted T-Mobile direct who rather said that they would take five pounds off of my bill for next 4 months, for which I had no option but to accept.

It is now approaching two months and as I understand from your staff, the Desire Z is not a common phone and the parts appear to be unavailable in the UK.

Please be advised that under advice from Trading Standards via the Consumer Direct Team, that with time of the essence, I have no choice but to issue 14 days notice for you to return my phone fully repaired or a suitable replacement. If this is not done, then you will be breach of the supply of goods and services act 1982 and I will be asking to terminate our contract and I shall also seek suitable compensation for the two months including the time and effort in having to persue information about the repair due to the complete lack of any reciprocal updates.

I hope for a timely response to resolve this matter.

Yours Faithfully

mikenco

Guys_Dad wrote: »

How old is the phone that is kaput?

It was purchased at the end of last year and went in for repair on June 15th

mikenco

grumbler wrote: »

The consensus here is that you cannot cancel the airtime contract because of the phone. It is a separate contract.

Interesting point. However, I am paying for a data plan for a smartphone and neither my old Samsung nor the Nokia I was offered have smartphone capabilities.

It'll be interesting to see what they say.

grumbler

I know and I am aware of existence of different opinions. Unfortunately, the majority here is very hostile when these different opinions emerge. Probably this reflects the reality.
Orange, defective goods and SOGASA1982 - not the best example, because there were other reasons for hostility.

Even more unfortunate is that our laws are too vague in general and with regard to mobile contracts with handsets in particular.

mikenco

grumbler wrote: »

I know and I am aware of existence of different opinions. Unfortunately, the majority here is very hostile when these different opinions emerge.

Orange, defective goods and SOGASA1982 - not the best example, because there were other reasons for hostility.

Even more unfortunate is that our laws are too vague in general and with regard to mobile contracts with handsets in particular.

I see. To be honest, I'd be quite happy if they just gave a me an HTC Desire HD2. It's about the same price and I could just get on with life, know what I mean?

mikenco

Well, the letter worked. I think. Just had a text to say that the phone is ready for collection. They have said they will refund last 2 months contract payments and credit me for a cheap handset I had to buy.