Can I cancel my T-Mobile contract due to HTC not being fit for purpose?

savagose

Hi

I'm wondering if anybody would be able to help me who has more experience applying consumer rights and trading standards to mobile phone contracts than me. Any advice much appreciated.

In early September I upgraded my T-Mobile contract for a new HTC Sensation.

Two weeks later, following numerous problems with the phone, I returned it to the store having being rudely awoken that morning to my phone burning my skin from overheating. The battery was clearly destroyed from this, not letting me turn on again or charge.

T-Mobile sent the phone for repair; 2 weeks later it was returned to store after HTC 'upgraded the software' and 'tested the battery'.

I then returned it to store again as it obviously had not been repaired properly, being more buggy than it was the first time with no battery life.

Three weeks later, I finally got my phone back again. The T-Mobile tracking system said the phone battery was being replaced, but I got to the store to find this was not the case - another 'software upgrade' from HTC, and a nice new scratch on the screen. This time, the store told me to contact HTC repairs myself to get the screen sorted.

Do you think I'm within my rights to reject the phone and / or contract, given that they've had the phone in repair longer than I've had it and it clearly hasn't been properly fixed, twice?

Thanks for any help you can give

grumbler

savagose wrote: »

Do you think I'm within my rights to reject the phone and / or contract, given that they've had the phone in repair longer than I've had it and it clearly hasn't been properly fixed, twice?

I don't think so.
Unfortunately, the law doesn't set any limits on the number of attempts to repair/replace. Our clever lawmakers were incapable of producing anything more definite than 'within a reasonable time but without causing significant inconvenience'.

Have a look at this thread: Dead phone with T-mobile for two months.

gjchester

savagose wrote: »

Do you think I'm within my rights to reject the phone and / or contract, given that they've had the phone in repair longer than I've had it and it clearly hasn't been properly fixed, twice?

Thanks for any help you can give

Unfortunaltly not.

You have the right to have the phone repaired or replaced, but thatsa at the vendors discresions. You can reject the repair and ask for it to be reworked or replaced, but it's down to the vendor to choose if they will allow this. As long as they offer a repair that is legally as fare as they have to go. Your contract is a seperate thing to the supply of the phone and is not conditional on the phone working or not. If it was then people could cancel a contract if the phone was lost or stolen.

Sorry it's not better news.

savagose

Thank you both for your reply, big help as it stops me marching down to the store! And grumbler thanks for the link to the thread, that was quite interesting. I'm still in the middle of writing my complaint to T-Mobile, just wanted the phone to be sorted first. I think I'll have to just live with the scratch and pray it's fixed in other ways, can't face another 3 weeks of my old phone.

HTC have been absolutely appalling in this, but surely the retailers should take more responsibility in chasing stuff up, my contract is with them after all.

Either way, the service of HTC has been awful, my second and DEFINITELY last HTC handset. Just wish I wasn't stuck with their phone for another 16 months.

Thanks again for your help

Gordon_Hose

If it's not right I'd keep taking it back to the store. As many times as it took.

visidigi

savagose wrote: »

Thank you both for your reply, big help as it stops me marching down to the store! And grumbler thanks for the link to the thread, that was quite interesting. I'm still in the middle of writing my complaint to T-Mobile, just wanted the phone to be sorted first. I think I'll have to just live with the scratch and pray it's fixed in other ways, can't face another 3 weeks of my old phone.

HTC have been absolutely appalling in this, but surely the retailers should take more responsibility in chasing stuff up, my contract is with them after all.

Either way, the service of HTC has been awful, my second and DEFINITELY last HTC handset. Just wish I wasn't stuck with their phone for another 16 months.

Thanks again for your help

They've been on Watchdog and blagged it - they are useless at repairs, and can't figure out service if it slapped them in the face.

i finally have a working phone after my fourth handset (including a free upgrade to a new model) but I'm looking for alternatives.

HTC repairs direct is MUCH worse than TMobile would be - for me o2 turned round mine in 5 days, HTC quoted 28.

Your network will swap out the phone too, HTC seem to have stopped doing this.

TMobile are responsible for dealing with your repair in the first 12 months - after 12 months the 12-24 period is done by HTC direct.

If the screen was scratched in Tmobiles care its thier problem to fix.

Stand outside the store and shout if you have to