Faulty Blackberry 9900 please advice

ynasira

Hi, I apologise in advance for the longer ramble,
I upgraded my contract with 02 on the 23/09/2012, my contract included for £18.00 a month, 200 minutes, unlimited texts, unlimited 02 to 02 calls, unlimited land line calls, 100 mb of BB internet, plus a blackberry 9900 handset for an additional £125.00

on the 29/09 02 removed my unlimited 02 to 02 calls and unlimited land line calls and replaced them with 250 minutes of 02 to 02 calls, on the 8/10 I realised this and contacted 02 via chat, they told me that it would be reinstated in 24 hours, 48 hours later it wasn't reinstated, so I spoke to an advisor again who told me that it would be reinstated in 24 hours, this happened a number of times, Including one time when I spoke to a manager and still it wasn't reinstated. Until the 29/10 when it was finally reinstated.

I am aware that this breached my contract, as my original contract included this, however as I did not have the time to shop for another contract I just asked them to reinstate what they had removed which they did one month later.

Then on the 5/11 I tried using the camera on my bb 9900, and the following error was displayed "could not start the camera. ,Close other applications and try opening the camera again"

So I closed all my applications and it still the camera would still not work, therefore I contacted 02 again via chat, they asked me to perform a handset wipe, which I did still nothing worked, so they informed me that my phone would be sent off for repair.


I refused this as I had only had my phone for just over 5 weeks, also as I had read on-line that some phones came back scratched. Also I was aware that items purchased, that are faulty within the first 6 months can be replaced as they it is a manufacturing fault.

the advisor explained to me that a replacement was not possible as the phone was over 28 days and could only be repaired.

I disagreed, and she said that this was 02's policy so I thanked her for her time and ended the chat,

I spoke to a number of advisor's during the week and the answers were all the same. Then on Thursday I spoke to an advisor on the phone when I mentioned the Sale of Goods Act, he informed me that it was only a guideline that 02 could follow and not actual statute law.

Therefore I researched on-line and came across the oft, website that explained my rights as a customer as well as O2's rights as a retailer,
website: oft.gov.uk/business-advice/treating-customers-fairly/sogahome/sogaexplained[/url]

I then spoke to a manager from the repair and replacement team, and I explained my problem, also gave him the website as well as extracts from the website that supported my rights, and he still refused to replace the faulty phone, he did agree my phone was faulty, and that I had a legal right to return the faulty item, but that I was out of the specific time period when I could return the handset back to them.

I know that legally I am entitled to a replacement, but I am not getting any further with 02 so advice would be appreciated as to how I can have my faulty phone replaced. Again I apologise for my extremely long post, and thank you in advance for all your help

dktreesea

Put everything in writing, wait until you get the reply saying they won't replace the phone which is presumably still under warranty, then refer them, again in writing, to the Office of Fair trading and ask how you can exercise your rights.

If they uphold your complaint, O2 will probably have to give you a replacement phone, as in you go into a store and they give you a brand new phone then and there.

ynasira

Yes it is under warranty, all the advisor's I have spoken to said my phone is under warranty, would you please advise me whether or not I should include the conversation that I had with the advisor in the letter.
Thank You for replying

grumbler

ynasira wrote: »

...on the 29/09 02 removed my unlimited 02 to 02 calls and unlimited land line calls and replaced them with 250 minutes of 02 to 02 calls, on the 8/10 I realised this and contacted 02 via chat, they told me that it would be reinstated in 24 hours, 48 hours later it wasn't reinstated, so I spoke to an advisor again who told me that it would be reinstated in 24 hours, this happened a number of times, Including one time when I spoke to a manager and still it wasn't reinstated. Until the 29/10 when it was finally reinstated.

I am aware that this breached my contract, as my original contract included this, however as I did not have the time to shop for another contract I just asked them to reinstate what they had removed which they did one month later.

It would have been a breach only if they refused or failed to correct the errrors.

Then on the 5/11 I tried using the camera on my bb 9900, and the following error was displayed "could not start the camera. ,Close other applications and try opening the camera again"

So I closed all my applications and it still the camera would still not work, therefore I contacted 02 again via chat, they asked me to perform a handset wipe, which I did still nothing worked, so they informed me that my phone would be sent off for repair.

I refused this as I had only had my phone for just over 5 weeks, also as I had read on-line that some phones came back scratched.

Well, they offered you what they were supposed to offer under the SOGA. You can refuse, but then you'll have to pay for the repair elsewhere.

Also I was aware that items purchased, that are faulty within the first 6 months can be replaced as they it is a manufacturing fault.

You were mistaken. Within 6 months they have to prove that you damaged the phone if they refuse to repair/replace. After 6 months you have to prove that it was a manufacturing fault if they refuse.

the advisor explained to me that a replacement was not possible as the phone was over 28 days and could only be repaired.

It's their choice whether to repair or to replace, not yours.

when I mentioned the Sale of Goods Act, he informed me that it was only a guideline that 02 could follow and not actual statute law.

He was wrong, but so far they acted according to the SOGA.

I then spoke to a manager from the repair and replacement team, and I explained my problem, also gave him the website as well as extracts from the website that supported my rights,

Which extracts?

I know that legally I am entitled to a replacement

I think you are mistaken.

Silk

ynasira wrote: »

I know that legally I am entitled to a replacement, but I am not getting any further with 02 so advice would be appreciated as to how I can have my faulty phone replaced. Again I apologise for my extremely long post, and thank you in advance for all your help

You are only entitled to replacement if the phone cannot be repaired ...even that would probably mean a refurbished one anyway

ynasira

the website states : Any refund, repair or replacement you arrange with your customer relating to faulty goods

it also states: If the item does not conform to contract (is faulty ) for any of the reasons outlined and the customer has accepted the goods, the law says the customer is entitled to claim a repair or replacement of the goods in the first instance.

As well as: The sale of goods act also states that Some retailers decide that it makes good business sense to have their own returns policy that offers customers more rights than they have under the law - for example, promising them a full refund for undamaged goods, up to a certain number of weeks.
These conditions only apply to the additional rights you are offering. You cannot impose these conditions where a customer has a legal right to return goods. This is why the words 'this does not affect your statutory rights' are often included at the end of store returns policies.

ynasira

the website states: Faulty goods that have been accepted
If the item does not conform to contract (is faulty ) for any of the reasons outlined and the customer has accepted the goods, the law says the customer is entitled to claim a repair or replacement of the goods in the first instance.

If either a repair or replacement is not possible, or the cost is greater than the value of the item ( disproportionately costly ), or the customer claims either option is taking an unreasonable amount of time or is causing unreasonable inconvenience, the customer is then entitled to
keep the goods and claim a price reduction from the retailer to compensate them for the fault in the goods - this would be the difference between the value of the product in perfect condition and the value of the product in the faulty condition, or
return the goods and rescind the contract . This would mean that the customer returns the goods and you provide a partial refund, calculated to reflect the benefit the customer has received from the product.
Where a customer is entitled to repair or replacement because they have accepted the goods, they can claim price reduction or partial refund if the repair or replacement is
taking an unreasonable time, or
causing an unreasonable inconvenience, or
if the repair or replacement is not satisfactory when they receive it.

therefore that means that if the phone cannot be repaired I have the right to rescind the contract

Silk

So they have offered to repair it and you have refused ....that does not mean you can cancel I'm afraid

grumbler

You clearly misinterpret the law.
It doesn't say that it is your choice to demand the replacement, not the repair.
It doesn't say that the replacement has to be new.
And it definitely refers to the goods only, not to the airtime contract. If you want to rescind the contract, you can try referring to the Supply of the Goods and Services Act, but all networks deny any link between the supplied phone and the airtime contract and you'll have to sue them to enforce it - if they fail to repair or replace (their choice) the handset.

ynasira

the point that I am trying to make is that I can request a repair or replacement of the faulty goods and the seller is obliged to do this:
within a reasonable time
without causing significant inconvenience to the customer
at the sellers own expense


the point I am trying to make is the word OR it gives me the consumer the option to choose which I would like, and the retailer has to comply with that.

Silk

You are entitled to either a repair or replacement at the suppliers discretion ...you are not entitled to demand a replacement ....even if that was the case it is probable it would be replaced with a refurb unit anyway

The windscreen washers broke on my Peugeot 3007 which was only 4 months old ...do you think using your logic I could of demanded a new car rather than get the dealer to repair it :rotfl: