Do not want to pay to upgrade my phone

NFH

oopsadaisydoddle wrote: »

So what I said is correct then about OP needing to prove it is a manufacturing fault first? Why would Orange act otherwise?

No, this is not correct. For the third time - the OP needs to prove this only if Orange disputes that the cause of the fault is a manufacturing (durability) defect.

oopsadaisydoddle

NFH wrote: »

No, this is not correct. For the third time - the OP needs to prove this only if Orange disputes that the cause of the fault is a manufacturing (durability) defect.

And for the third time - Orange have already done that!

oopsadaisydoddle

oopsadaisydoddle wrote: »

And for the third time - Orange have already done that!

Also, I don't believe the act that you linked to stipulates any particular timescale for this. So the Sales of Goods Act IS relevant and as the goods are over 6 months old, OP will need to prove the fault is inherent before Orange fulfil their obligation under the act you mention. If they do prove the fault is inherent then yes, they shod replace or repair.

NFH

oopsadaisydoddle wrote: »

And for the third time - Orange have already done that!

In which post was that said?

NFH

oopsadaisydoddle wrote: »

Also, I don't believe the act that you linked to stipulates any particular timescale for this.

Wrong again. The wording of Section 11M of the Supply of Goods and Services Act 1982 is almost identical to Section 48A of the Sale of Goods Act 1979. The timescales are the same but the latter legislation does not apply in this case.

oopsadaisydoddle wrote: »

So the Sales of Goods Act IS relevant

No, it is not. I have already explained this in detail, so please stop repeating yourself. I have already consulted a professional consumer solicitor on this point. Have you?

oopsadaisydoddle

NFH wrote: »

In which post was that said?

The original one where they asked OP to pay for the repair?

NFH

oopsadaisydoddle wrote: »

The original one where they asked OP to pay for the repair?

It says nothing of the sort. Nowhere in this thread does it say that Orange have already disputed that the fault was caused by a manufacturing defect. You're making things up now.

Orange's refusal to carry out a repair free of charge was because of their mistaken belief that they have no legal obligation to do so after the warranty has expired. This is a common error by many companies, both large and small.

gravitytolls

If I were you OP, I'd visit other suppliers and see if they would like to buy your remaining two monthsish of contract to sweeten one of their offers. Or see how much they'll offer you for your old phone, despite the faulty charging whatsit, in order to persuade you to change.

Alternatively, pay the orange upgrade fee and flog your phone on ebay to offset some of the cost.

oopsadaisydoddle

NFH wrote: »

Wrong again. The wording of Section 11M of the Supply of Goods and Services Act 1982 is almost identical to Section 48A of the Sale of Goods Act 1979. The timescales are the same but the latter legislation does not apply in this case.


No, it is not. I have already explained this in detail, so please stop repeating yourself. I have already consulted a professional consumer solicitor on this point. Have you?

No, I don't need to. And I'm not saying this from a "I think I know the law when I don't perspective". I am saying it from a I've worked there and no exactly their stance on these things. As I said, I don't disagree with the fact that they should 'remedy' the situation when legally obliged to. however, You seem to think that OP is entitled to ask them for a repair without proving anything first. Orange have already said they won't repair it first as they are 'allowed' under the (not relevant Sales of Goods Act) to assume that as the phone is over 6 months old, the fault is not inherent.

So, if Orange refuse to do anything, as they have already said they won't, then OP will need to get said report before proceeding further.

oopsadaisydoddle

NFH wrote: »

It says nothing of the sort. Nowhere in this thread does it say that Orange have already disputed that the fault was caused by a manufacturing defect. You're making things up now.

Orange's refusal to carry out a repair free of charge was because of their mistaken belief that they have no legal obligation to do so after the warranty has expired. This is a common error by many companies, both large and small.

I am not making it up. I worked in the department that dealt with faulty phones, and although some advisors will say they're 'out of warranty', Orange's systems actually stipulate that over 6 months they refer to manufacturer as Orange (again rightly or wrongly) believe that their obligations are under the Sales of Goods Act.

I believe things have now changed though and they will actually repair up until manufacturer's warranty runs out however I don't know if this will throw up a charge.

You can say whay you like (and as I said before, I am not a legal bod) but what I do KNOW is how Orange work. Yes OP could try and write to them and they may get lucky but knowing what I know, this will probably not happen.