Faulty Samsung Galaxy SIII on Orange

Grovers

Hi guys,

Just wondering if any of you know where I stand on this...

Have a Samsung Galaxy S3 on Orange/EE.

On New Years day I took it in to the EE Store in Western Rd, Brighton as it wouldn't switch on. They sent it away to the repair centre.

I still haven't got it back 28 days later. When I call them, I keep getting different excuses, waiting for parts, we have lots of S3's to fix. It'll be ready tomorrow etc. All rubbish, and a different excuse each time.

I have phoned Orange, and all they say is I have to wait, and there is nothing I can do.

Surely 28 days is long enough to expect a phone to be fixed? Can I get out of my contract, or threaten to unless the phone is returned, or they give me a replacement? The phone is only 7 months old, so it's well in warranty.

Cheers for any advice.

Gordon_Hose

Well, for starters, I'd be expecting a refund for the time I couldn't use the phone with the contract I'd bought.

I doubt you'd be able to exit the contract without penalty, unless EE agree to it as a goodwill gesture.

Have you asked them to supply a replacement phone? "Reasonable Time" is a very grey area unfortunately.

Grovers

They say they can't give me a replacement without Orange Care. But surely the warranty covers that? It's faulty, it has a 2 year warranty.

I am going to have another in store chat with them tomorrow and see what I can do.

grumbler

Send them a letter before action giving them, say, 5 days to do what they are obliged to.
If it doesn't help, submit a claim to the online small claims court for the full cost of a replacement handset plus inconvenience plus expenses.

Under the Sale of the Goods Act they have to repair or replace it within a reasonable time and without causing your significant inconvenience. If Orange don't settle before the court hearing (unlikely), then any judge will agree that they failed on both counts.

Gordon_Hose

Would it be covered by the Sales of Goods Act? Might be worth having a read so you're armed with as much info as possible when the in-store staff try and blag it as well.

If the phone is faulty or not fir for purpose you can request a refund, but I don't know how that ties in with mobile phone contracts.

Gordon_Hose

I've just found this: http://www.which.co.uk/technology/phones/guides/mobile-phone-problems/returning-your-mobile-phone/

Might be of help

Grovers

grumbler wrote: »

Send them a letter before action giving them, say, 5 days to do what they are obliged to.
If it doesn't help, submit a claim to the online small claims court for the full cost of a replacement handset plus inconvenience plus expenses.

Under the Sale of the Goods Act they have to repair or replace it within a reasonable time and without causing your significant inconvenience. If Orange don't settle before the court hearing (unlikely), then any judge will agree that they failed on both counts.

They said it would be 2 weeks to start with, then 3 weeks, then 4. I'm not accepting any further excuses. Not really my problem if they are busy, it's a broken promise. I was told 2 weeks when it was originally sent for repair. They've had twice that now. So I think it's time for a polite, but firm discussion with the store manager. Will be having a look at the sale of goods act. But as has been said, how does it tie in with a contract?

Gordon_Hose

See my other post Grovers, it's pretty straight forward and ties in nicely with what grumbler said.

Grovers

Gordon_Hose wrote: »

I've just found this: http://www.which.co.uk/technology/phones/guides/mobile-phone-problems/returning-your-mobile-phone/

Might be of help

Thanks Gordon, that's very handy. It's printing now.

grumbler

Grovers wrote: »

....But as has been said, how does it tie in with a contract?

It doesn't unless you want to refer to the Supply of the Goods and Services Act. However, all networks are known to deny vigorously the existence of any link.

victor2

Don't wish to dishearten you OP, but my OH had an S3 (on T-mobile) for a few months and it developed just that problem. Wouldn't power up at all. She took it to a T-mobile shop, who verified it wouldn't switch on and sent it off for repair. A few weeks later, it came back "checked, no fault found". It still wouldn't switch on, which luckily the shop assistant witnessed and even tried another battery in it. So back it went. Eventually, it came back repaired and has worked fine ever since. OH got a month's contract payment refunded as a goodwill gesture when she complained.