Can you cancel 17 days into a contract?

phaze5

Ordered a Nokia Lumia 800 on o2 on 5th Jan 2012 through Dialaphone,phone developed a fault 7 days later so sent it back and was sent a repalcement 2 days ago,this phone now seems to not hold the charge as good as last phone,was wondering if i can request to have a different model of phone if its found to be faulty?

grumbler

You had 7 working days to cancel under the DSR and it's too late now.
If the phone is faulty (it is not clear that it is) then d-a-p chose either to repair or to replace it under SOGA.
Also, you can deal directly with the manufacturer if you prefer under their warranty.

phaze5

grumbler wrote: »

You had 7 working days to cancel under the DSR and it's too late now.
If the phone is faulty (it is not clear that it is) then d-a-p chose either to repair or to replace it under SOGA.
Also, you can deal directly with the manufacturer if you prefer under their warranty.

Thanks

If the phone is deemed to be faulty can i refuse to be offered another replacement,as this will be (if faulty)2 phones in 17 days to be at fault,in other words if it is faulty i dont want another Nokia Lumia 800....

Cheers

Buzby

However, if you deal with the manufacturer, you lose any potential rights to rescind the contract due to the involvement of a third party. You may have received a refurbished (not new replacement from DaP, which would have been your right. Irrespective of the outcome of the repair or replacement of the handset, your contract will continue as service to the SIM itself is unaffected.

gjchester

phaze5 wrote: »

Thanks

If the phone is deemed to be faulty can i refuse to be offered another replacement,as this will be (if faulty)2 phones in 17 days to be at fault,in other words if it is faulty i dont want another Nokia Lumia 800....

Cheers

You certianly can, in which case you would keep the old handset you have instead.

To remain in compliance with the law DAP have to offer you a repair or replacment, but its their choice not yours. If they offer you a replacement Lumia you can refuse, but they don't then have to offer anything else.

Can you cancel your contract, Yes, it will be your line rental x monthly cost as an early termination fee. You probably meant can you cancel without out cost and the answer unfortunatly is no.

Rusty!

I expect your current Lumia is affected by the battery bug, the fix for which is currently rolling out via Zune. All might not be lost.

phaze5

Rusty! wrote: »

I expect your current Lumia is affected by the battery bug, the fix for which is currently rolling out via Zune. All might not be lost.

The last Lumia held the charge better,this one lasts a day when fully charged,bluetooth off etc and not making any calls or internet.......

Notmyrealname

Did you read what Rusty posted? Apply the fix and see if its the same.

Rusty!

The fix may not be available yet, but if not, it will be soon, some people have it, some don't. I do

There is a trick to getting it if Zune shows no update, you click update, wait a few seconds and pop your LAN cable out, this video seems less fiddly though:

http://www.youtube.com/watch?v=cmout6C1uFI

Took me about 5 goes to time it right, and now I have OS ver 8107 and firmware 11500.

phaze5

Got an email back from D-A-P and they say they will exchange the handset again or if im not happy i could pick one of these models instead


However, we would be more than happy to offer the following handsets;

* HTC Sensation XE
* Galaxy Notebook
* Sony Ericsson Arc S
* Samsung Galaxy S2

Alternatively, we can arrange another like for like exchange.

Buzby

Looks as though they're fully aware of the issue and doing soimething about it to keep the customer(s) happy.