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Problems with a contract phone (Orange)

Morning - just looking for some advice for a friend.
She's been with Orange for years and recently upgraded to a HTC desire. For the past month she has been having nothing but problems with the phone (keeps freezing etc).
She's been back and forth to Orange who took her phone back over a week ago (they wouldnt/couldnt lend her a spare one) so she's been using her old phone (which isnt a smart phone so she the data she is paying for in her contract is useless).
Orange is saying they are 'out of stock' of her phone and dont know when they will be getting more in. They offered her an 'upgrade' which was actually a downgrade and has really bad reviews.
Given this Orange has said she needs to phone them every two days until they get more of her phone in (which she isnt happy about given the problems that she has had with her model) or accepts the alternative phone (which is a downgrade but no reduction in proce of contract).

So its early days and a week is a pain, but manageable, but my question is at what point can she say enough is enough and be able to cancell the contract as Orange isnt fulfilling its part?
Any advice would be appreciated
:j Bought all my presents for this year (birthday and Christmas) now starting on next years!!:j

Comments

  • Unfortunately, the handset does not form part of your airtime agreement so you cannot cancel your contract because of a faulty phone. However, by the SOGA, Orange do have to sort your phone out within a reasonable amount of time. As they have offered you an alternative, I believe they are fulfilling their legal obligations but I could be wrong on this one. I'm sure someone more knowledgeable than I on this subject will soon correct me if I am. :-)
    Have I helped? Feel free to click the 'Thanks' button. I like to feel useful (and smug). ;)
  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    MissKeith wrote: »
    ....As they have offered you an alternative, I believe they are fulfilling their legal obligations but I could be wrong on this one.
    They have to replace it with the identical handset. The alternative can be better, but not worse. It's impossible to say without knowing the original handset and the replacement one, but the OP says that alternative they offer is worse and so far I don't see any grounds for saying that Orange are fulfilling their legal obligations.
  • robbies_gal
    robbies_gal Posts: 7,895 Forumite
    Part of the Furniture 1,000 Posts
    maybe the fault was jsut with one handset id wait for a replacement i have a desire hd and had no problems with it

    wot was the alternative one they offered?
    What goes around-comes around
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