Do not want to pay to upgrade my phone

ZhugeEX

bellaboo86 wrote: »

It was a blackberry torch purchased from Orange. It was replaced like for like. I would say that I've had the second phone 14/ 15 months.

Ah right, because it was a replacement handset that does change things.

I don't know specifically how long the warranty is for blackberry so i'm afraid i can't help you any further at this point. Someone with more knowledge than me should be able to tell you if the warranty period still applies.

If not then the sales of goods act is your only hope but you'd have to take a risk and get an engineers report first to prove the phone was inherently faulty.

The early upgrade fee is going to be there for at least another 3 months. Like i said it might be worth getting insurance next time or even going for a sim only contract and buying a phone like the Orange San Diego for £99 which is a great phone for the price.

chanz4

So basically you have snapped the charging point by been too forcefull

NFH

oopsadaisydoddle wrote: »

But under the Sale of Goods Act 1979, section 48 states:

Section 48 of the Sales of Goods Act 1979 (SOGA) clearly explains that should a device or purchase be deemed as faulty within 6 months of purchase the assumption is that it was inherently faulty and therefore must be remedied by the seller by way of repair, replacement, refund or partial. After six months, the burden of proof switches to the buyer and it is they who must then show a fault is due to some inherent problem. OP would need to get an independent report to prove it before he could pursue this.

The OP would need to do this only if Orange disputes that the fault was caused by a manufacturing (durability) defect. For a fault as the OP has described, Orange would be less likely to dispute this and allege that the OP caused the fault through misuse.

Also you are quoting the wrong legislation. For goods supplied in conjunction with a service, as is the case here, the relevant legislation is what I quoted above.

NFH

bellaboo86 wrote: »

They said I was out of warranty as I have had the phone for 16 months.

You need to make it clear to Orange that the warranty is in addition to, and does not replace, your statutory rights. Tell them that you are claiming not under the expired warranty but under Section 11N of the Supply of Goods and Services Act 1982. Under this legislation, the goods must last a reasonable time. In the context of a mobile phone (goods and service), a reasonable time would be at least the length of the service contract in conjunction with which the goods were supplied, and in many cases much longer.

oopsadaisydoddle

Orange will replace (or more recently repair) all Blackberry phones up to a year of original purchase. So even though you had a replacement previously, that doesn't mean it's 12 months from the replacement date.

As you're outside of a year, you could try a fix through Blackberry but not sure of they will do it. Also (am not saying this is the case) but in my experience a lot of charging issues have been caused by damage rather than fault. Unfortunately you are stuck. Orange have fulfilled their obligations (unless you can prove the phone is inherently faulty).

You would either need to buy a phone to get you through to the end of your contract or pay the early upgrade fee.

oopsadaisydoddle

NFH wrote: »

You need to make it clear to Orange that the warranty is in addition to, and does not replace, your statutory rights. Tell them that you are claiming not under the expired warranty but under Section 11N of the Supply of Goods and Services Act 1982. Under this legislation, the goods must last a reasonable time. In the context of a mobile phone (goods and service), a reasonable time would be at least the length of the service contract in conjunction with which the goods were supplied, and in many cases much longer.

You keep missing the point though. In order to pursue this, OP would need to prove that this fault was inherent first. Usually by way of an independent report.

What if this charging issue was caused by OP? (Again, not saying it was). But why should Orange pay for something that is damaged?

oopsadaisydoddle

NFH wrote: »

The OP would need to do this only if Orange disputes that the fault was caused by a manufacturing (durability) defect. For a fault as the OP has described, Orange would be less likely to dispute this and allege that the OP caused the fault through misuse.

Also you are quoting the wrong legislation. For goods supplied in conjunction with a service, as is the case here, the relevant legislation is what I quoted above.

You will see that the goods are supplied "outside of the agreement i.e. NOT in conjunction with the contract (Rightly or wrongly).

I can pretty much guarantee Orange will not do anything unless OP takes them to court. And even then, they will need to prove that the fault is inherent.

oopsadaisydoddle

Orange Terms state:

Your Device is not a part of your Contract
14.1 "Your Device and Accessories are acquired by you outside the terms of your Contract".

Now I am not in anyway saying I agree with this but as far as I know it is quite common and not something that is in dispute within legal 'systems' as being unfair or unenforceable.

fannyadams

am I missing something?
can't the OP just buy a replacement phone and use that on their contract?

oopsadaisydoddle

fannyadams wrote: »

am I missing something?
can't the OP just buy a replacement phone and use that on their contract?

Yes! And although I'm not a legal eagle and what NFH says may be correct, but, in order to pursue that line of action, then OP would probably need to take Orange to court which in itself would be costly and it is not guranteed they would win.