02 Contract - Blackberry Cruve, broken 12 months into 2 year contract

MimMims

Hi i was wondering if anyone could advise me on my rights.
I am 12 months into a contract with O2 and for the second timesince i've had my phone it isn't working correctly (sticking, saying error constantly, buttons not working correctly etc) 02 are refusing to replace my phone, and havesaid that i will have to pay £187 to leave half way through the contract or £240 to leave completely. If i take the phone into the shop and they are unable to repair the phone then i would still be liable to pay the remainder of the contract (also whilst they send it away fro repair they will only replace it with a cheap handset and if it comes back that i have damaged the phone i willbe liable for repair)

I was not offered insurance when i took this out, and according to them it was my responsibility to ASK for insurance (although as ihave never had a contract before i wasn't aware i needed it)

So therefore i am 12 months into a contract, with a phone that does not work and am expected to either pay to enter out of my contract or 'hope' that they can fix the phone and not be liable for any 'damage' costs.

Can anybody help me further ....... ?? I am astonded that i have been supllied with a phone that is not lasting the term of my contrct yet i am expectedto pay for the remainder of the contract for a phone not fit for the purpose i bought it for!

Many Thanks

grumbler

Is it the 12th month or the 13th?
If the former I don't understand why they refuse to repair/replace for free under the warranty.
EDIT: after the second reading I see that they don't refuse. If it was not damaged by you they have to repair or replace it. Otherwise you will be liable for repair. And normally they are not obliged to supply you with a temporary replacement handset, let alone a similar one. They must repair/replace 'within a reasonable time but without causing significant inconvenience'. I know, it is as clear as mud.

See this recent similar thread: Dead phone with T-mobile for two months.

I was not offered insurance when i took this out, and according to them it was my responsibility to ASK for insurance

And they are right.

buscape

Sounds like a software issue to me, is there any way of restoring the phone yourself?