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Mobile Phone Company can't replace faulty phone as "out of stock"
westlander
Posts: 5 Forumite
in Mobiles
I took out an 18mth contract for a blackberry in Feb 2012. Phone developed a fault under warranty in September. Phone company (Buymobilephones.net) sent a replacement phone. That phone didn't work so returned it to them. They were out of stock so said they had to send an alternative phone (a similar one) to which I agreed. When it arrived it was the same phone as the first one (fine I thought - no problem). However, this one didn't work either! They have agreed to replace this third faulty phone with a similar alternative but aren't coming up with the goods. They say they "think" it's due to stock issues and will get me a phone as soon as they can. However, I have been without a phone for a month now which I find unacceptable. On top of that there are the usual problems with not being able to get through to them, no-one knowing very much about what is happening, not being able to escalate the issue higher than a CS supervisor and no-one ringing me when promised. When I spoke about cancelling contract (as this seems right now to be the easiest way out for both of us) so I could go and get a phone elsewhere, they tell me I can't as my contract is with service provider. They seem to have me in a corner. Does anyone have any ideas on the best course of action here? Thanks for any help or advice.
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Comments
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I'm surprised they replaced the phone so long after you bought it, the usual recourse is a warranty repair.
Ask them about getting it repaired, it seems like it will be a hell of a lot quicker than waiting around.0 -
Thank you Rusty - my first reply on MSE!
I was happy to receive a repair but they couldn't fix it so they were happy to replace it. Right now they can't offer me either. My original phone was refurbished with a one year warranty for repair or replace. They are now talking about sending a "new" rather than refurbished phone but don't seem to have any in stock. I will take any other phone (reasonably similar) they offer but they say they don't really know what the internal issue is that they have. I told them that I felt I have been very reasonable (just want a phone that works basically!) but they have let me down. I guess we are at the mercy of these companies but I will certainly think twice about using a cheap phone provider again.0 -
Well, we are not 'at the mercy' of them. If they admitted that it was a fault, not a damage', (they did) then SOGA says that they have to repair or replace within reasonable time and without causing you significant inconvenience. If they cannot repair and don't have anything similar in stock, they have to buy it or to offer you something better. As simple as that.
Consumer Rights Armour0 -
I returned faulty Iphone on the 20th September and still waiting for a replacement. Everytime I phone I'm told no stock , then 2 weeks ago after phoning again was told stock was in and I'd recieve my replacement next day. Never arrived. Was told a further 3 times that it was being sent out, but it never was. Now only communicating with them through email so everything they say is on record. As of yesterday my case been escalated to the manager and they will be in touch soon,(apparently). My next step is to seek legal advice and possibly take it through the small claims court.0
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monkeymama wrote: »I returned faulty Iphone on the 20th September and still waiting for a replacement. Everytime I phone I'm told no stock , then 2 weeks ago after phoning again was told stock was in and I'd recieve my replacement next day. Never arrived. Was told a further 3 times that it was being sent out, but it never was. Now only communicating with them through email so everything they say is on record. As of yesterday my case been escalated to the manager and they will be in touch soon,(apparently). My next step is to seek legal advice and possibly take it through the small claims court.
It's quite distressing and takes up so much time which adds to the frustration. I understand that problems can sometimes occur but it's how the company deals with it that really counts. Letting customers down time and time again is unacceptable. Good idea to document everything. Good Luck!0 -
monkeymama wrote: »I returned faulty Iphone on the 20th September and still waiting for a replacement. Everytime I phone I'm told no stock , then 2 weeks ago after phoning again was told stock was in and I'd recieve my replacement next day. Never arrived. Was told a further 3 times that it was being sent out, but it never was. Now only communicating with them through email so everything they say is on record. As of yesterday my case been escalated to the manager and they will be in touch soon,(apparently). My next step is to seek legal advice and possibly take it through the small claims court.
A bit late now, but if you have a faulty iphone and can get to an apple store, then just bypass the network provider and make an appointment with the genius bar.
My friend had an iphone on contract with O2, it developed a fault a few months in. O2 said he would have to return the phone for repair. He took it to the apple store and they replaced the phone.I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.0
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