Htc....lost my phone

gjchester

smithers1981 wrote: »

phone is not a bonus im paying a premium for the phone in my contract as if i was paying sim only contract would be half the price and as my standby phone cannot access the internet im paying for data i cannot use

This will not be what you want to hear but legally the phone is given to you as an inducment to take the airtime contract. You are paying nothing for the phone in your mointhly contract.

In fact your contract is really two contracts. One is the airtime service that covers your monthly bill and use, the other is retailer selling the airtime contract undertakes to give you a phone free of charge on the condition you take out that particular airtime contract.

Sopecifically in Oranges T&C it's section

14 Devices
your Device is not a part of your Contract
[FONT=Arial,Arial][FONT=Arial,Arial]14.1 Your Device and Accessories are acquired by you outside the terms of your Contract.
[/FONT][/FONT]
The airtime side and the supply of the phone are usually done by seperate legal entiries, even though they may both be owned under the Orange umbrella.

Sim Only may be cheaper but thats irrlevent, you are only paying for the the ability to use the service. As Sim Only means they don;t have to offer an inducement (read free phone) then they can offer it at a lower price.

I know it's normally accepted that a contract subsidises the phone and it in life it does, but legally it doesn't.

Not being able to use data is not down to the airtime side, they have given you the ability to use it, it's not down to them that the phone has broken. It's not different to minutes, you may get 100 minutes a month but the fact you only use 50 and lose the rest is down to your circumstances not the network.

Sorry that will not be what you want to hear.

gjchester

smithers1981 wrote: »

if i had bought my phone seperately it still woulda broke and htc still woulda lost it.......tbh any working phone htc manage to send me would be a relief

You have no proof of that, phones break for all sorts of reasons. What happened to yours?

Who did you buy the contract from?

Who did you send it to for repair?

If you bought it from a retailer and took it back to them for repair (even if they then sent it on to HTC) it's their problem. If you chose to send it to HTC yourself then unfortunatly it becomes your problem to resolve.

smithers1981

i tried orange first they said they coulnt help, so i went to htc direct...... for a 300 pounds phone is it acceptable for it to break after 11 months use? had they fixed it then fair enough but 3x its been in and now after a lot of badgering they have admited its lost.......

gjchester

smithers1981 wrote: »

i tried orange first they said they coulnt help, so i went to htc direct...... for a 300 pounds phone is it acceptable for it to break after 11 months use? had they fixed it then fair enough but 3x its been in and now after a lot of badgering they have admited its lost.......

Ah.

Not much use now but Orange were wrong. Regardless of what they say they are responsible to effect repairs, even if it's just them sending it to HTC.

All items break regardless of cost, HTC should replace it but as has been noted with one that is the same condition as your 11 month old one, not a new one.
They may send a refurb, or it may be new but it's their choice.

I assume you have some form of delivery record that says it was delivered to there hands to use against them. A "letter before action" stating you want a phone in 14 days or you will take legal action may help, but you need to be prepared this may need to go to the small claims court to be resolved.

robbies_gal

if we all got a new phone when ours broke or "broke" we'd all be smashing ours up mid contract

grumbler

If you 'smash' your phone you will not get even a refurbished one under the warranty or SOGA.

smithers1981

3 times they have faied to fix it and now they have lost it, is it unreasonable to want either MY phone back fixed or a new phone, it was a UPS courier sent vby HTC that collected my phone so there is no dispute over that

smithers1981

what i would really like is an upgrade as an act of goodwill a shiny new 'sensation' and will be forgiven.........

mazza111

Lol Good luck with that one. All you can really expect is like for like. Usually in completely new housing and the guarantee will be for the same as the one you sent back.

Rusty!

smithers1981 wrote: »

what i would really like is an upgrade as an act of goodwill a shiny new 'sensation' and will be forgiven.........

Yeah... that wont be happening I'm afraid.