Problem handset

Vendee

I took out a 24 month mobile phone contract which included a new HTC One S handset in July 2012. After a few weeks the phone started behaving erratically and this gradually worsened. In September the phone was unusable most of the time and I returned it to the store (Carphonewarehouse) who sent it off for a warranty repair.

It came back after 3 weeks and the details stated that the repair had been effected by way of a software upgrade. About a month later the same defect returned. Like before, initially just once or twice but gradually getting worse until by December the phone was unusable again. I returned it to the store again and asked for a replacement handset but the company insist that it must go for repair again. I'm hacked off because when it goes for repair, I'm still paying for services I cannot use.

Where do I stand legally regarding replacement vs repair? How often can they repair the handset for the same defect before they have to replace it?


On a technical note, the problem I am suffering seems fairly widespread worldwide. It seems that its a hardware problem which occurs in areas of poor signal coverage. The manufacturer are aware of the problem but have tried to effect a software solution rather than fix the root cause which is more expensive for them:-

http://htcsource.com/2012/06/htc-one...omment-page-1/

Another web based forum has a thread on the problem currently running at 1413 posts.

grumbler

What the law says is that the supplier has to repair or replace (their choice) within reasonable time and without causing you significant inconvenience.

Unfortunately, our clever lawmakers were incapable of producing anything less vague.

If you think that it is significant and/or not reasonable, sue them as only a judge can decide whether you are right or not. You can do it via an online small claims court.

Consumer Rights Armour - Martin's article.

Vendee

Thanks, I was specifically wondering how often they could try and repair the handset before having to offer a replacement. Losing the use of the handset for 3 weeks every 3 months would be a significant inconvenience IMO.

macman

Did you ask for a handset loan while it's under repair?

Vendee

macman wrote: »

Did you ask for a handset loan while it's under repair?

They offer a really cheap loan handset but it it only does calls and txt. I'm paying for data on my pay monthly contract so I do expect to be able to use that.

macman

Unfortunately no 'equivalent' phone is offered under the warranty. They're no obliged to offer you anything. at all on a standard consumer contract. Your airtime and handset contracts are separate contracts.

Buzby

Your expectations are unreasonable. Did you pay additionally for insurance to cover this eventuality? Where there is an element of absolute requirement, you will need to look for a failsafe, and this will not be provided as standard.

If your car broke down under warranty, they would not provide a replacement FoC, while the issue was being attended to. It would require you to make arrangements (a contingency) to cover should this happen.

grumbler

macman wrote: »

...They're no obliged to offer you anything. at all on a standard consumer contract. ....

It's just your interpretation. A judge can and is likely to interpret "without causing significant inconvenience" differently, especially when the second repair is required after the first repair took 3 weeks and failed.

macman

I would concede that the OP has a good case for a new handset. What he doesn't have is a right to an equivalent loan handset if he accepts a further repair attempt. That is down to the goodwill of the dealer.

Vendee

I would rather not have a further repair. I would prefer a replacement handset. When the phone goes off for repair, in addition to the time spent without the handset and data services, I also have to make a 32 mile return trip to the CPW store to drop off the phone and the same again when collecting it. I also incur £3 parking charges each trip. So by the end of two repairs I will have covered 128 miles and paid £12 in parking fees. Not to mention 8 hours of my life wasted

I'm not after something for nothing. I'm not trying to gain on the situation. I want the phone I paid for to work as advertised without me having to be inconvenienced or out of pocket.

grumbler

macman wrote: »

...What he doesn't have is a right to an equivalent loan handset if he accepts a further repair attempt. That is down to the goodwill of the dealer.

He does have a right to have it repaired/replaced without experiencing significant inconvenience. If the retailer chooses to repair, and this might take 3 weeks, it is a very significant inconvenience for a customer not to have a handset with a similar functionality for that long time.