Cancelling a T-mobile contract

MutzNutz

Hi all. I have tried searching the forum but could not find nothing specific to the following.

My father has had a T-Mobile phone since late August 2012 so it's only a few months old. During that time, it's failed to operate numerous time's and has also been back twice for repair. The 3rd time it failed, he asked for a replacement and was told no as the phone was the problem of the manufacturer, not the supplier.

Afew days ago, I called TM on his behalf with him on the phone at the same time and got the usual asian call centre op who could do nothing on this other than write (no email allowed!!) with the complaint. Whislt on the phone, I asked they cancel the DD which they did. I then wrote into TM noting the full list of dates & times the phone failed & was sent back for replair and explained that the phone was not fit for purpose and the DD was cancelled which we have no problem reinstaiting in the event a new phone was supplied. I did also offer to pay this months outstanding bill as obviously services had still been incurred during the last month.

He today called TM back and was told the letter still not received but they said regardless that as there was no insurance or warranty, no new phone (it should at least have a 12mnth warranty???) would be issued.

My father is a pensioner has now started to panic slightly as he doesnt like to rock the boat too much but i do not want him to give in and end up with a phone that appears to have inherent issues.

Any view or help would be greatly appreaciated.

Thanks in advance

grumbler

MutzNutz wrote: »

...The 3rd time it failed, he asked for a replacement and was told no as the phone was the problem of the manufacturer, not the supplier.

Typical fobbing off. It's the problem of both the manufacturer (warranty) and the supplier (SOGA), although neither stipulates any compulsory replacement instead of a repair.

Afew days ago, I called TM on his behalf with him on the phone at the same time and got the usual asian call centre op who could do nothing on this other than write (no email allowed!!) with the complaint. Whislt on the phone, I asked they cancel the DD which they did. I then wrote into TM noting the full list of dates & times the phone failed & was sent back for replair and explained that the phone was not fit for purpose and the DD was cancelled which we have no problem reinstaiting in the event a new phone was supplied. I did also offer to pay this months outstanding bill as obviously services had still been incurred during the last month.

I hope your father doesn't care about his credit history that you will almost definitely trash by such actions (if you don't pay by other means).

He today called TM back and was told the letter still not received but they said regardless that as there was no insurance or warranty, no new phone (it should at least have a 12mnth warranty???) would be issued.

The warranty is with the manufacturer, not the supplier. Your contract with T-mobile is covered by the SOGA that doesn't set any time limits, but after 6 months makes you responsible for proving that the fault is not a result of any damage if you want to enforce it and have the phone repaired/replaced by the supplier.

Consumer Rights Armour

MutzNutz

Thanks Grumbler

Noted on the DD thing, may re-think but at what point would you suggest the phone has a problem?

The issues all started happening soon after purchase and the shop have not suggested useage issues as the phone is in good nick stick

How many times would you accept a repair but faults still evident??

Oli.s

Cancelling the DD is a bad idea, unless you are going to pay the bill another way each month instead.

A simpler way to resolve the problem with the handset might be to deal directly with the manufacturer yourself and cut tmobile out of the loop, contacted them and arrange to send the phone to their repair centre, and make sure you detail the fault exactly, and also make sure they are fully aware that they have already had it back several times.

What make/model of phone is it and what is the fault?

TMobile should be sorting this for you, but doing the above may be less hassle and the easiest way to resolve the problem as your getting no joy from them.

MutzNutz

Thanks also Oli and yes, understand about the DD. It's not a massive issue though as we can pay on the TMobile account i had to create for my father as you cannot talk to anyone to sort it and you need an account to complain to them. I do think TM (as are most Telecoms companies) are set up to make things difficult for customers.

Dont have the full phone details to hand and noted on contacting the manufacturer direct, good thought and will speak to my father about this option.

grumbler

MutzNutz wrote: »

...

How many times would you accept a repair but faults still evident??

It's not about me.
The retailer doesn't have any obligations to replace.
The law is vague and says that the supplier has to repair or replace within reasonable time and without causing significant inconvenience. Sue them via online small claims court if you think that it is significant and unreasonable, but remember that you need a report from an independent party proving that it's manufacturer's fault, not a result of some damage. And don't cancel the DD and keep paying until the contract is terminated.

Or just deal with the manufacturer. Most phones have 24 month warranties (some 12).

MutzNutz

grumbler wrote: »

It's not about me.

Sorry, i didnt mean the question to come across as if i was putting you on the spot specifically, it was more a question more around how many times do you think a phone should be returned before it's considered as causing inconvinience.

grumbler

I don't know. Surely there is no any universal number. This depends on the fault and the time they take to 'repair' it.
Personally, after 3(+/-) I'd start thinking that enough is enough. However, the replacement phone is most likely to be a refurbished one, not a new, and possibly with some other hidden fault.