Orange / Faulty Phone

thesteal

My mobile phone has developed a fault. Typically Orange don’t want to know. They won’t replace my phone unless I pay them about £150 because I’ve had it for more than 6 months.

You hear about this sort of thing all the time. Orange expect you to carry on paying your monthly tariff even though your phone is knackered and you can’t use it.

I’m at month 14 of a 24 month contract and Orange expect me to carry on paying my £30-odd a month. I pointed out that I contracted with them to provide a mobile phone service; if they can’t provide a phone then they’re not providing a service.

They say that the contract is only to provide the SIM and not the handset. They even said today that they don’t expect a handset to last the full term of the contract!

If you look at Orange’s website you will see that they offer some SIM-only deals. They are cheaper than if they provide the phone as well.

When I got my new phone and entered into the 24 month contract with them, it wasn’t a SIM-only deal. Yet now they try to get out of providing me with a handset by saying they only provide the SIM.

Does anyone else have any thoughts on this (other than the obvious…)?

Surely if they are specifically differentiating between SIM-only and standard plans then there is the implication that the standard plans are more than just the provision of a SIM.

victor2

Interesting argument. Hadn't really thought of it that way, but it makes sense. However, you can bet if they said the phone was covered somehow, they'd also say the fault has been caused by misuse, getting it wet etc...

grumbler

See this thread with some other links inside: blackberry curve not working HELP!!!!!

Generally, you can try forcing Orange to fulfill their obligations, but it would be much simpler to deal with the manufacturer as all handsets have at least 12 months warranty.

grumbler

victor2 wrote: »

However, you can bet if they said the phone was covered somehow, they'd also say the fault has been caused by misuse, getting it wet etc...

After 6 months it is the customer who has to prove that the fault has not been caused my misuse etc.

sdduk

They are right they only supply the Sim the phone is given free

If you are saying you are in 14mths of your contract they don't have to repair it because the phone only as 12ths guarantee

Sim Only means they supply the Sim only and not a phone you have to buy that yourself that's why its cheaper than a normal contract.

i was beaten to it LOL

grumbler

The only phones I know that have 12 months warranty are iPhone and BB. It's 24 months for all other phones.

prowla

I think it should be deemed to be reasonable to expect a phone to last 2 years (of being used in its intended way, of course).

Also, it is normally the case that the contract is with the seller of the goods, not the manufacturer - isn't it?

sdduk

grumbler wrote: »

The only phones I know that have 12 months warranty are iPhone and BB. It's 24 months for all other phones.

Didn't know that thought it was only 12mths warranty.

http://selfhelp.carphonewarehouse.com/SelfHelp/request.do?view()=c{79ae2a80-f9f3-11de-da00-000000000000}

From the carphonewarehouse sorry you will have to copy and paste the like.

gjchester

prowla wrote: »

I think it should be deemed to be reasonable to expect a phone to last 2 years (of being used in its intended way, of course).

I buy a 12 month car tax or TV licence, that does not guarantee the car/tv will last 12 months.

The device is devorced from the contract legally so there is no recouse should a phone be lost or broken, otherwise everyone on a 24 month contract would suddenly find their phone breaks in month 23 and they want a new one.

prowla wrote: »

Also, it is normally the case that the contract is with the seller of the goods, not the manufacturer - isn't it?

Always it. The OP needs to take it back to Orange and tell them as retail they need to fix it (assuming it's in warranty). They may claim it's not there issue, it is, it's always their issue they sold the device (in this case anyhow).

It may be quicker to go to the maker but there is less legal recourse that way as you warranty is through the seller. As another thready has shown https://forums.moneysavingexpert.com/discussion/3686341 if anything goes wrong you have to then pick up the pieces, at least if it goes to the retailer you have some comeback.

grumbler

Hmm. I slandered BB, but overestimated LG.

grumbler

gjchester wrote: »

... you warranty is through the seller.

No, the warranty is with the manufacturer unless it is some special warranty provided by the retailer. The contract with the retailer is regulated by the SOGA that mentions only 6 months and 'reasonable time'. When dealing with a retailer, the manufacturer's warranty can be used only as an indirect indication of what is 'reasonable'.