Faulty mobile in 2 year contract

preacher

I'm in the 19th month of a two year contract with my iPhone, which has now started playing up.

3 will not do anything for me, I complained lots and sponsors to several managers over a number of days to no avail.

Apple say its a 1 year warranty but surely the phone should be covered for the length of the contract??

I have cancelled my direct debit but where do I stand legally? I thought goods had to last a reasonable amount of time.

grumbler

preacher wrote: »

...Apple say its a 1 year warranty but surely the phone should be covered for the length of the contract??

Surely this is not as sure as you think.
There are two options and both are far from being simple.

• Sale of the Goods Act: Any device has to last for a reasonable time. However, it does not define what is reasonable and after 6 months the onus lies on you to prove that it is a manufacturing fault. Your rights are against the supplier, not the manufacturer. See Martin's article: Consumer Rights Armour
• Supply of the Goods and Services Act. It does establish a link between the phone and the contract, but all networks vigorously deny that this link exists. Search the board for more information.

I have cancelled my direct debit but where do I stand legally? I thought goods had to last a reasonable amount of time.

Your thoughts are right. Re the legalities and theories see above. In practice you stand at the start of the process of your credit history being trashed by the network and your debt being passed to professional debt collectors. Is this really what you want?

Widelats

preacher wrote: »

I'm in the 19th month of a two year contract with my iPhone, which has now started playing up.

3 will not do anything for me, I complained lots and sponsors to several managers over a number of days to no avail.

Apple say its a 1 year warranty but surely the phone should be covered for the length of the contract??

I have cancelled my direct debit but where do I stand legally? I thought goods had to last a reasonable amount of time.

I would rather have my credit rating trashed than pay monthly charges for a service i am not getting. Same as my Vodafone problem, they will not get a single penny for the contract they supplied me with, they have the cheek to demand payment for a service i am not getting. I don't think so.

gjchester

Widelats wrote: »

I would rather have my credit rating trashed than pay monthly charges for a service i am not getting. Same as my Vodafone problem, they will not get a single penny for the contract they supplied me with, they have the cheek to demand payment for a service i am not getting. I don't think so.

I don't know about your case, but in the OP's they can still use the service, the airtime side is working fine just the handset is faulty. Place the sim in another phone and the OP can make and recieve calls.

Mobile phone contracts really consist of two contracts, one for airtime use, one for for the supply of hardware. The phone is not hired or rented to you it's yours from day one, and as such the state of the phone, working, faulty or stolen, is irrelevent to the airtime side.

Do you have a case for the phone not being of a durable quality, maybe, if you can prove the fault was there at manufacturing, but unfortunalty thats not relevent to the supply of airtime.

T_T_2

You are bringing emotion into a business matter and the two rarely mix. Go back to the beginning of Grumblers comment and eliminate your emotional reaction to the contents. The information Grumbler has given you is sound. Your principles may turn out to be very expensive.

Cancelling a direct debit on a contract will result in two things. 1. No reduction in the amount you owe Vodaphone (they will get their money from you in the end and with collection agents involved this figure will rise rather than fall) 2. Damage to your credit file that is disproportionate to the amount you are disputing.

Get in touch with Vodafone, explain that you have inadvertently cancelled the direct debit mandate. Ask to arrange a new one and arrange to make payment over the phone for any outstanding balance.