HTC Desire S HD

zipady_do

Hi All,

Firstly let me start with my recent letter to o2 which should give some insight to my issues!

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My HTC Desire S HD broke approximately 6 weeks ago. I took it back to a shop and received a new phone. This phone was refurbished and had blemishes on the outside before it was handed over to me. I however took it and was thankful to have a smart phone again after going 2 weeks with your loan phones.

This refurbished phone doesn’t work. Persistently I receive text messages up to four hours late, my calls go straight to my answerphone and I cannot access the internet.

I took this back to the shop that fixed my phone before and gave me the refurbished one. The assistant in the shop said it was probably a simcard fault, I accepted this begrudgingly and received a new simcard (the simcard worked fine in the loan phone before I was given the refurbed HTC).

These issues have persisted and they informed me that my phone would have to be sent away to be fixed. I am not accepting this as I have already been without my smart phone for two weeks whilst it was previously sent away.

My original phone was still in the warranty, I had it less than 6 months and so I feel I am entitled to a phone that works. Through no fault of my own I am still without a working phone and I’m unwilling to receive a loan phone again whilst I wait for this to be fixed.

I request that you send me a new HTC and make an allowance on my bill for the past month as I haven’t received the service I’ve paid for. I hope this can be delivered to me to remove any further inconvenience.

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I sent this through the o2 customer services section and received an automated reply asking me for a standard template of details.

I replied to this automated mail with this letter again and filled in their template below that. I'm still waiting on a reply.

Where do you think I stand? Been told by numerous people to call them and complain but I tend to get led on the phone and accept things which I'm not happy with, if it's in writing I feel much more confident in getting what I want.

Thanks for any help!

grumbler

http://www.which.co.uk/consumer-rights/sale-of-goods/understanding-the-sale-of-goods-act/your-rights/
Unfrortunately, they are not obliged to give you a new phone. Their only obligation is to repair or replace your phone (not necessarily with a new one) within a reasonable time without causing you significant inconvenience. This was the best that our clever and well paid lawmakers were capable of producing. Only god and/or a judge know what is 'reasonable' and 'significant'.

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

BTW, I think it's either Desire S or Desire HD, not both.

zipady_do

Thanks for the heads up & link grumbler, much appreciated.

Hopefully they will fix it, been with o2 for 10 years or so with bills ranging from £30 - £50 direct debits every month, they've made a mint off me, but I'm seriously thinking about leaving now after this contract is up. Especially after the paying for data "scheme" instead of all you can use when people like 3 offer a cheaper price and more for it..