Where do I stand

ukmartian

Last August i acquired a NEW mobile phone on contract ,,,at Xmas the phone failed..The phone was subsequently replaced / repaired by the shop ...in February the phone failed again and was subsequently replaced / repaired again ... this month the phone again failed and was subsequently returned for repair . On receipt of the "repaired" phone we found it was still faulty......I have had 3repairs or replacements and i have now need to pick up another replacement phone.The outlet initially agreed to replace the phone with a different make of phone of same spec etc which i was perfectly happy to accept however they have no gone back on this and are saying i HAVE to accept a RECONDITIONED handset...I am only 10 months into a 24 month contract so i am tied down ..they will not even let me have my number back until the contract ends or is paid up ...what can i do I don't trust the phone and i don't trust the outlet.....thanks ....

OneADay

On your leg ...

But you will fall after having the phone for over 6 months - maybe try the manufacturer within 12 month warranty period.

Replacement is usually going to be second hand I think. Best try manufacturer direct.

grumbler

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Buzby

You have lost your SOGA rights due to the initial replacement (as this only covers the first handset). However, at no time do you have any 'right' to a new handset, as a refurbished one is deemed a suitable replacement, it would be up to the manufacturer to authorise such a replacement, and this would be discretionary (and for customer goodwill, etc).

If they promised a new replacement, then by all means provide evidence of this and pursue them, but as the law stands this you would not be entitled to one, but if under 12 months you have an excellent case.

Incidentally, refurbished or (white box) hare placement handsets are effectively as good as new, flashed with the latest firmware and supposedly devoid of any issues (having been fully tested, unlike new ones!).

grumbler

Buzby wrote: »

You have lost your SOGA rights due to the initial replacement ...

What exactly rights did they lose?

ukmartian

Just a update after speaking to them again they said they cant prove it wasn't user error ...1st fault phone switches off and fails to recognize Sim card ..2nd fault battery fails ...3rd fault phone earpiece sound failed g sensor failed and unable to switch off wap connection ...4th fail comes back with faulty earpiece ...SO I have not requested to cancel the contract , just to have a different phone as they offered ...I picked a phone with a equivalent camera and memory spec to the one I had which meant swopping from a NOKIA to a SONY in fact the offer on the SONY was on a cheaper contract than I have now although I wasn't worried about that All I have requested is a reliable phone. they did not even offer me a loan phone for the month I have been without , so I have not been able to use my contract to its full so I am also arguing that fact and I will be wanted a rebate of some sort
PS I have since checked on line about my existing phone and I am not the only one having probs In fact the phone has been withdrawn from sale ..I will just have to keep fighting ...

ukmartian

Update ...got a months refund on my contract today ..on condition i accept and try the replacement phone ....surprise surprise ..it don't work properly either...have i got a case now ????...PS we videoed the faults so they cant say it weren't faulty...Its a Nokia phone supplied by carphone warehouse on talk mobile

gjchester

ukmartian wrote: »

surprise surprise ..it don't work properly either...have i got a case now ????...

A case for what?

Whilst its bad customer service the retailer has to offer to repair or replace the handset and there discression. Bad as it is as long as they are willing to attempt a fix or offer a replacment they are compling with there legal obligations.

ukmartian

You are correct...they did say that they would replace the handset for something of EQUAL specs ...I picked out 2 phones which were close...they initially did agree but stated that i would have to wait till the micro aim became available. They kept advertising the phone on line as available but insisted to me that they did not have the Sims ...a few days ago they changed their web page ...i then offered to have my OWN sim converted on the advise i got from CPW Facebook page..they have now tried to removed the offer of a like for like exchange and offered me a choice of another Nokia handset of lower specs and older version ....we have however managed to get a agreement to something closer to mine but we are waiting for them to find the original phone call to substantiate the fact they agreed to a like for like phone as they promised as it is a verbal contract .....the fight goes on