HTC desire broken in contract

hogger84

I have had my HTC desire for 18months of a 2 year contract.

last week after doing a shutdown for low battery it now won't start up (after charging obviously!). All I get is a white screen with HTC on. Apparently the image has been corrupt.

I took it to the orange shop who tried to repair it but said it appears to be damaged beyond repair.

They say as I have had it more than a year and I do not have insurance they cannot replace it.

In my mind the insurance is for my mistakes, dropping, washing, losing or stolen. Not the hardware failing within the time of the contract.

Now I am stuck paying for 6months on a contract I have no phone on.

Is this right???

Glennn

Afraid so I think. This is why I don't have 2 year contracts, not worth the hassle.

grumbler

Your phone has 24 months manufacturer's warranty and you can contact HTC directly.

However, I am pretty sure that Orange are talking rubbish as they have to repair/replace the phone for free under the Sale of Goods Act or Suppoly of Godds and Services acts [STRIKE]if they cannot prove that you damaged it[/STRIKE].

Glennn

grumbler wrote: »

Your phone has 24 months manufacturer's warranty and you can contact HTC directly.

However, I am pretty sure that Orange are talking rubbish as they have to repair/replace the phone for free under the Sale of Goods Act or Suppoly of Godds and Services acts if they cannot prove that you damaged it.

I never knew that!

Techhead_2

Glennn wrote: »

I never knew that!

That's because its wrong. If the fault had occurred within the first six months they need to offer a repair/replacement or partial refund. Unless they can prove it isn't inherently faulty.

After six months, you need to prove that the phone is inherently faulty. Alternatively you can claim under any warranty offered by the retailer or manufacturer (beyond your statutory rights)

As its 18 months since purchase, its too late for Orange's warranty so you have two options

Prove the handset is inherently faulty and claim from the retailer under the Sale of Goods Act

Claim under the HTC warranty.

visidigi

Techhead wrote: »

That's because its wrong. If the fault had occurred within the first six months they need to offer a repair/replacement or partial refund. Unless they can prove it isn't inherently faulty.

After six months, you need to prove that the phone is inherently faulty. Alternatively you can claim under any warranty offered by the retailer or manufacturer (beyond your statutory rights)

As its 18 months since purchase, its too late for Orange's warranty so you have two options

Prove the handset is inherently faulty and claim from the retailer under the Sale of Goods Act

Claim under the HTC warranty.

Spot on - and to clarify - you have a 24 month airtime contract with Orange. They 'sold' you a phone based on your commitment to the contract price and length. Utilise the HTC warranty to get it fixed (although this will take some time) but note your phone and your contract are not connected.

Even if you broke your phone you are still bound by the contract - they are not reliant on each other.

grumbler

Yes, I was wrong about proving

grumbler

visidigi wrote: »

...but note your phone and your contract are not connected....

This is just an opinion - one of many. I have to admit that it reflects the reality though.

mikenco wrote: »

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.

visidigi

Its not an opinion, its fact, especially where Orange are concerned, I've tried to dig out the post but can't find it, but the Orange Company Representative on here said exactly the same thing.

The mikenco quote is all well and good, but the circumstances that triggered that reply aren't detailed, and to be quote honest, misinformed unless its Vodafone, the only network to offer owners a warranty for the life of the initial contract length, on thier own free will, in extension to the manufacturers warranty.

A phone and a mobile network contract are not reliant on each other - they are two separate things.

jamespir

yep its right you still hsve to psy the contract as thats for the minutes not for the phone contact the phone manufacture see if they can repair it or buy a cheap pay and go phone and put your sim in

grumbler

visidigi wrote: »

Its not an opinion, its fact, especially where Orange are concerned, I've tried to dig out the post but can't find it, but the Orange Company Representative on here said exactly the same thing.

Hardly a surprise. Of course they will say this.

The mikenco quote is all well and good, but the circumstances that triggered that reply aren't detailed,

Feel free to follow the link:

and to be quote honest, misinformed unless its Vodafone, the only network to offer owners a warranty for the life of the initial contract length, on thier own free will, in extension to the manufacturers warranty.

This was about the Supply of Goods and Services act and had nothing to do with Voda/Orange warranties.

A phone and a mobile network contract are not reliant on each other - they are two separate things.

An opinion - yet again, but as I said in the above thread, it is unfortunate "that our laws are too vague in general and with regard to mobile contracts with handsets in particular". Yes, your opinion reflects the reality that we are facing, but other people, including Trading Standards, have other opinions. It's just far too difficult to enforce them (the other opinions).