Orange want to charge me for replacement

DUTR

Caryne wrote: »

So Orange have just told me that they won't repair the phone as they don't have a repair centre and the won't replace it as it's outside the warranty. All they will do is sale me a new phone. They expect me to pay them a monthly fee until my contract ends (next March) when I have no service with them at all. How can this be right?

You do have service with them, the sim card is still working? Which can be used in a variety of compatible handsets, the G300 is often mentioned on the board, a low cost high feature handset, that may exceed your desires of the blackberry (other than BB messaging).

mattyprice4004

Caryne wrote: »

No, I want to get to the bottom of the actual facts. When I buy something in a shop if it breaks and I get a new one then the warranty lasts from the date of the replacement (I know this as I have had these issues before). To me it is simply logical that the same would be the case with a phone - but it seems not.

1. You have been given the facts. The fact is, if something breaks after 6 months it's down to YOU to prove it was faulty at the time of sale, ie an inherent fault. To do this, you need a report from an independent person qualified to assess and repair this type of equipment. You need to pay for this, and you can claim it back later - that's the way the law works and if you don't like it, tough.

2. Warranties extend from the date of PURCHASE. The replacement wasn't purchased, it was a replacement of your faulty device. The warranty is from when your contract started, the replacement has nothing to do with it.

3. Of course you have to pay your contract, you are still getting the texts / minutes / Internet access provisioned to your SIM, that's what you're paying for. Or you could not pay it, of course, but you'll get a trashed credit file. Your choice.

Of course I expect you (judging by your previous replies) to tell me I'm wrong, but when it does turn out I'm right and you have to follow the steps above, I told you so.

Caryne

DUTR wrote: »

You do have service with them, the sim card is still working? Which can be used in a variety of compatible handsets, the G300 is often mentioned on the board, a low cost high feature handset, that may exceed your desires of the blackberry (other than BB messaging).

I do not have the money to buy a new handset, the upgrade is due in January when I would get one for free so that seems to me, a bit daft.

I don't have a service with them I can use, surely my deal with them is for a phone and the actual service to use the phone? One is not much use without the other, this seems very unfair.

Caryne

mattyprice4004 wrote: »

1. You have been given the facts. The fact is, if something breaks after 6 months it's down to YOU to prove it was faulty at the time of sale, ie an inherent fault. To do this, you need a report from an independent person qualified to assess and repair this type of equipment. You need to pay for this, and you can claim it back later - that's the way the law works and if you don't like it, tough.

2. Warranties extend from the date of PURCHASE. The replacement wasn't purchased, it was a replacement of your faulty device. The warranty is from when your contract started, the replacement has nothing to do with it.

3. Of course you have to pay your contract, you are still getting the texts / minutes / Internet access provisioned to your SIM, that's what you're paying for. Or you could not pay it, of course, but you'll get a trashed credit file. Your choice.

Of course I expect you (judging by your previous replies) to tell me I'm wrong, but when it does turn out I'm right and you have to follow the steps above, I told you so.

I've reported this post as, when all I am trying to do is get to the bottom of the issues I feel it is against the forums rules to speak to anyone like this.

DUTR

Caryne wrote: »

I do not have the money to buy a new handset, the upgrade is due in January when I would get one for free so that seems to me, a bit daft.

I don't have a service with them I can use, surely my deal with them is for a phone and the actual service to use the phone? One is not much use without the other, this seems very unfair.

You have been told on several occasions, that the deal is for the airtime, the only daft thing is entertaining long 24 month contracts, people get suckered with the word FREE and UPGRADE. You believe it is unfair, but the companies are not hiring or loaning you a handset, you can pick up handsets for less than £20 ok it may not be a BB, you maybe wise in future to go sim only and buy your handset outright with an interest free credit card. But at the end of the day, you have a quick resolve or you can continue to fight with orange in the meantime you are still paying your monthly.

DUTR

Caryne wrote: »

I've reported this post as, when all I am trying to do is get to the bottom of the issues I feel it is against the forums rules to speak to anyone like this.

It is not against the forum rules to tell posters the truth even if it is not what they want to hear, if there was an easy loophole, somebody would have suggested that to you already.

uncle-buck_2

Buy a second hand handset to see you through to January.

Ask friends or family if they have a handset sitting in a drawer you can borrow until your able to get your free upgrade...

You could demand that Orange give you a brand new handset, but remember one thing....they have a massive bank balance to pay their legal team and will win if you took it to court.

You might not be able to access all of the features your phone has, but isn't making and recieving calls, texts and a bit of internet access all you really need?

You stated you can't afford an engineers report...maybe your paying to much for your phone contract and should consider saving some money somewhere...

flashg67

This may or not be relevant, but I believe the same law applies. My trade is cars - if you have something replaced under warranty, then the warranty on the replaced part only lasts until the end of the original warranty term, even if this is one day!

I've had the same thing happen with Blackberry and Orange, in that a replacement I got under warranty then failed again - they wouldn't help me either. I suspect the replacment cost of an 8520 wouldn't be worth the time & cost to prove it should have lasted longer. Probably cheaper to buy a cheap replacement of some kind until the end of contract (which is what I did) - if you don't have a Blackberry, remember to tell Orange though!

With all due respect OP, a lot of people are telling you the same, and AFAIK, non of us are consumer lawyers, but are giiving you the benefit of their own knowledge and experience. Whether we're right or not, or you choose to believe us, is up to you to check, but IMHO, I think I'm right!

buscape

You can pick up used BB 8520's for about £55.

Caryne

uncle-buck wrote: »

Buy a second hand handset to see you through to January.

Ask friends or family if they have a handset sitting in a drawer you can borrow until your able to get your free upgrade...

You could demand that Orange give you a brand new handset, but remember one thing....they have a massive bank balance to pay their legal team and will win if you took it to court.

You might not be able to access all of the features your phone has, but isn't making and recieving calls, texts and a bit of internet access all you really need?

You stated you can't afford an engineers report...maybe your paying to much for your phone contract and should consider saving some money somewhere...

Yes, this is the problem, I know trying to fight Orange in court is something I certainly don't have the money to do (I am registered disabled, live on benefits and the phone is a lifeline).

My contract is £10.00 a month, which was the cheapest I could find at the time. However, on principle, I'm not going to 'upgrade' with Orange in January now and I will go somewhere else. I don't need a 'Blackberry' I've only got it as Orange offered me as part of the £10 a month deal, I'd be just as happy to have a different phone and pay less, if I can find it, elsewhere.