Advice on being messed around by O2 over a phone

MrRightSA

I bought a phone from the O2 online store back in December for my girlfriends Christmas. It was the Sony Ericsson Xperia X8 for £80. It eventually had to get sent back because the menu would regularly lock up, calls would freeze and on calls, there would be no sound. The phone received was a refurbished unit as it was a few days after the month as outlined in thier returnes policy but that was fine.

The third phone done the above but with the added problem of not charging when connected to the computer via the USB cable. So it got sent back and they said they wouldn't replace this because the problems of the first few phones and this one were "features" do to it being an eco friendly phone (I have no idea why this means the phone would lock up and the like though! It certainly didn't say that in the specifications) and why wouldn't they say this with the first few phones we sent back? But that wasn't the only problem obviously. The not charging was apparently my girlfriends fault because she opened the phone up at the charge area then glued it back down. I know that sounds ridiculous but that is what they actually accused my girlfriend of.

Surely they can't refuse the repair with such a rubbish reason like that? I've started dealing with it since it was my money and I'm not happy that they've gave her a dud refurbished unit and accused her of breaking it. I've sent away a complaint form as outlined [on their website, I can't post the link because I'm new] with the "suggestion of what you'd like us to do to put things right" I asked for is an exchange for another phone and me paying the difference to get that phone OR simply repair this phone (then I'll sell the refurbished unit on eBay or something and buy from elsewhere).

It might be worth mentioning, I have a £21 a month contract with O2 which I've hardly had a chance to use for months (since I just gave my girlfriend the phone I was using) and she has recently taken out a contract that is £21 a month. Obviously if they aren't going to give her a working phone, she doesn't want to have a contract with them.

Is there anything else I can do other than wait for the complaints form to come back?

Buzby

First and foremost, the handset has nothing to do with the contract - your contract is for the SIM, so put it in a cheapo or borrowed handset to use up your bundle until the handset is returned. There is no option to expect the contract to be cancelled for the lack of a handset - it is an inducement only, not a necessary part of the contract.

As to the 'glue' incident, if there has been no attempt at an improvised repair by you or your GF, then their reasons for refusal ro repair or replace can be challenged. Ask for this to be referred to a more senior technician, or failing this returned to you for an independent evaluation.

MrRightSA

The reason I listed the contracts was because I thought it might be good to use as leverage since I'd assume they wouldn't want to lose two customers. I wanted to show them that we've been loyal customers in a subtle manner rather than a "taking my ball home" manner.

When they (eventually) get back to me, if the person on the phone can't help I'll ask to speak to a supervisor or the like since we definitely never went near it with any glue. I don't think a customer advisor in Poundland or a stockroom assistant in Argos would ever think they could fix a phone with glue!