EE faulty phone rights

decemberboy

Hi, I'm after some advice regarding my rights over a faulty mobile phone.

At the beginning of February, I renewed my contract with T-Mobile and got a new Nokia Lumia 920 as an upgrade. A couple of weeks later I decided to try their EE 4G service so switched to that network which I'm happy with.
However my phone has developed a fault whereby after I use earphones and unplug them the phone still thinks they are plugged in so I get no sound from the phone from music or YouTube etc and also I don't get any sound when I make or receive a call unless I put it on speakerphone or re-connect the earphones. I can get the problem sorted by fiddling with the socket using an earphone jack but it always returns. It's more of a nuisance than anything but I do want it sorted.

I called into an EE store to ask what my options are and they said that as the phone is over two weeks old I couldn't swap it and it would have to go away for repair, when I enquired whether I would get a replacement phone in the meantime they said yes but it would only be a basic one. I left it there as I was away this weekend and needed my phone for email etc.

What are my rights regarding this? I understand EE are within their rights to send the phone off for repair but surely they have to offer me a courtesy phone of similar spec to the one I already have? I pay for a 4G service so surely I am entitled to receive one? Whilst the phone is over a month old surely it's still considered new enough to not be faulty through my own fault (incidentally upon doing a Google search this problem seems to be quite common with this phone) so I can still claim a replacement if they can't repair it without inconvenience to me. And I'm not sure if this matters but I ordered the phone through their website so do the Distance Selling Regulations affect my case one way or the other?

Thanks in advance for any advice.

JJ_Egan

Contract is not the phone that was in effect an inducement to buy the contract . As i understand it they are not obliged to give you any phone at all .
Thats an opinion judged by multiple exact same post reply here .
Others users will be along to give you the nuts and bolts .

jje

Nereis

There is the option to pay a £60 deposit to get an android device if Internet is important to you, the money is returned when the loan phone is returned.

rmas21920

They are not obliged to offer a phone in the meantime, most networks do this as a courtesy.

If you were driving a mercedes and had to take it into a garage for servicing the courtesy car wouldn't be another mercedes. The concept is the same, the device they offer is there to ensure you are still contactable.

The other reason networks won't give like for like loan phones is as if on the off chance there is a charge to repair the handset for water damage etc and they have given a customer a like for like replacement would they get the phone back?

decemberboy

Thanks for your replies and clearing that up for me. Much appreciated.

chanz4

I found the same issue with the lumia 820, take the sim card out and hard restart it then put sim back in and works for some reason