Phones4u Issue

broughton2010

Hi all,

Just asking a quick question for a friend.

He upgraded his phone through phones4u 3 weeks ago. After a few days the first fault occurred, which they replaced. A few days after receiving his replacement the second occurred. They asked him if he wanted a new model he rejected - simply because there isn't another phone out there he wanted. He upgraded from iPhone and quite rightly thinks any other phone is a downgrade. They sent him his 3rd and yet again another problem occurs.

He has told phones4u he will accept nothing other than the new Galaxy S3 (release date announced tomorrow) which is the closest to the HTC - they have rejected despite previously offering another model. He is willing to pay the price of the phone on release and increase tariff if required.

Customer services told him that he could not cancel, but surely if he hasn't had the phone for 7 days yet is he still in his cooling off period?

hope someone can help, appreciate your time.

James

columbiana

I cant see your friend having much luck with this one I'm afraid, after the first 7 days p4u would have been within their rights to refuse another replacement and just send for repair.

What faults is your friend having with the HTC? I wouldn't have anything but a HTC phone, so might be able to help to resolve them?

I really cant see them letting him swap it for a handset that hasnt even got a release date yet- what phone is your friend expecting to use in the weeks/months while he waits for the galaxy 3 to be released? P4u arent going to let him keep the HTC till a better phone comes out and then swap it- to be fair if they did that for every one who asked they wouldn't be in business for long

I suggest he finds a way to get along with the HTC or choses another handset in the same price range before they change their minds about exchanging for a different model. He wont have that option for ever...

broughton2010

Sorry I have missed a big part of that.

As for waiting for the galaxy, he told them he is willing to use an old phone of his until release.

The faults he is having are bad;

- first, the touch screen failed to work on the right hand side.
- second, something started peel off in the corner of the screen and the camera wasn't straight.
- he noticed the screen actually pops out and every so often has to click back in.

He hasn't had the phone 7 days yet. Personally I wanted the htc or galaxy but holding out patiently he of course didn't.

He doesn't necessarily want to cancel however if he has signed up to a 2 year deal he wants the best phone out right now - which I agree with.

Thanks for your reply.

grumbler

broughton2010 wrote: »

...
He has told phones4u he will accept nothing other than the new Galaxy S3...

broughton2010 wrote: »

...if he has signed up to a 2 year deal he wants the best phone out right now - which I agree with....

My apologies if I misunderstood something, but IMO you both are mistaken.
It doesn't matter what you want now, after upgrading. You have made your choice and it's too late for a change after the phone was received and used. A faulty phone has to be repaired or replaced with the same one. It's at the retaler's discretion to decide whether to repair or to replace. Only if they want to replace and don't have the same model they may offer you an alternative.

visidigi

Your friend has no right to demand or indeed insist.

Your friend took out a contract for the phone at that time, if a new model comes out the next day thats of no consequence - the retailer has the right to chose whihc remedy is appropriate and can choose to dismiss any that are disproportionately costly - the swap to a Galaxy III or whatever they decide to call it later today is exactly that, costly.

HTC are slashing cost to get people to sign up for a One or X before the Galaxy comes out with good reason - people will want the Galaxy instead if given the option.

I personally, would forget about the model of phone and concentrate on the contract, if you can get out of that (by whatever means) then switch to a 30 day sim only till the new Galaxy comes out, if thats what he's really after...

ilikewatch

How about, your friend accepts an immediate replacement for his current handset, and chooses whatever handset has the highest resale value. The friend then immediately sells this brand new, unopened handset, sticks the money in the bank, then pays whatever the difference is to buy a sim free GS3 on release date.

Phones4u_company_representative

Hi There broughton2010

Phones 4u are sorry that you and your friend have not been satisfied with the level of service that you have received.

We would like to hear from your friend about this experience and to have the opportunity to assist with the issue, so please get your friend to contact us on using our free Customer Services Live Chat. Our Live Chat service between 9am - 5pm Monday to Friday and quote your reference number 3384285.

We hope to hear from you soon and if you need to contact Phones4u for any reason, then feel free to visit us on our dedicated Support website http://Support.Phones4u.co.uk, where you can find answers to our Frequently Asked Questions, Dedicated Forums, Expert Events and our Customer Service Live Chat.

Chris Phones 4u

broughton2010

Thank you all for your posts it's really appreciated. The only reason he insisted he wanted that new model is because there isn't another like the HTC and they refused to cancel his contract.

I agree we are probably wrong however it's bad that he has ended up with a faulty handset with no other model to replace it fairly with - and with a two year contract to get through.

I will get him to contact the number provided and see what resolution they offer.

Thanks again everyone.

broughton2010

grumbler wrote: »

My apologies if I misunderstood something, but IMO you both are mistaken.
It doesn't matter what you want now, after upgrading. You have made your choice and it's too late for a change after the phone was received and used. A faulty phone has to be repaired or replaced with the same one. It's at the retaler's discretion to decide whether to repair or to replace. Only if they want to replace and don't have the same model they may offer you an alternative.

He was more than happy to accept the HTC - he likes the phone. It wasn't a case of him changing his mind.
When Phones4u said they will replace the model can only obviously offer him a lower spec phone which He feels is unfair. He didn't really care if he had the HTC or Galaxy - he just wasn't willing to accept a downgrade as his previous phone was an iPhone.

His choices basically were at the time;

- downgrade back to iPhone
- Try and cancel contract

Obviously they refused to cancel contract and he was not willing to receive a new phone exactly the same as his previous - he might as well just gone payasyougo.

grumbler

MrPhoneMan wrote: »

can only do a swap to a phone on the same tariff ( if they allow a non like 4 like swap) and if it is within the first 28 days they are obliged to do a like 4 like swap.

Obliged? Why?

outside of this window, htc take control of the warranty and you will need to send it to them for repair

What about the Sale of the Goods Act?