Rejecting a mobile

scrumpymonkey_2

Hi,
I have a nokia mobile supplied by Orange/ EE. At the weekend it developed a fault which both the customer services and nokia have agreed is a handset fault. The handset has just got to sixth months old.
I took the handset in to the local EE store (not the one I bought it from) and explained what had happened. They said that all they could do is send it back nokia. I explained I wasn't happy with this but rather than start a confrontation in the store, I took a replacement handset and said I would take it up direct with customer services.
Customer services have tried to argue that they are not responsible for the faulty handset, nokia are. Thanks to this site I tried to explain to the young lady about the supply of services and goods act that my contract is with them and they are responsible. She wanted to argue so I asked to speak to a customer services manager who I am waiting to hear from.
Can someone with far greater knowledge than me confirm that I am entitled to reject the phone on the grounds that it is not of an acceptable quality and has not lasted a reasonable time? I am quite prepared to start a new contract with Orange and have a different handset, but I do not want this handset back as it has been a pain in the backside. Thank you in advance for any replies.

Cycrow

You wont be able to get out of the contract due to a faulty handset. The airtime contract and phone are separate.

The phone should still be under warrenty and they should fix it.
They might offer you a replacement handset due to problems u've had, but it would be a goodwill gesture if they did

Jakg

Even if you could still reject it - 6 months is *far* too late to be rejecting as "unfit for purpose".

scrumpymonkey_2

Thanks guys for the responses. I must have misunderstood the information on the MSE site as I understood that if the phone has developed a fault 6 months into a 24 month contract then it has not lasted for a reasonable period of time. I don't want to cancel my contract, I just want a phone that works. The problem with the handset is a common problem with the OS and hasn't been corrected.

gjchester

scrumpymonkey wrote: »

I just want a phone that works. The problem with the handset is a common problem with the OS and hasn't been corrected.

You are entitled to a repair or a replacement, but it's down to the retailer to choose not you. Orange should make the repair but chances are they will send it to Nokia anyway, you may as well do it yourself and save a few days waiting while Orange send it to Nokia themselves.

If you get a replacement it has to be in the same or better model and condition as yours, so if you get a 6 month old refurb of the same model phone, that's fully acceptable under the law, as it a 6 month old refurb of a similar featured model.

If there are issues with the OS and the maker has publicly announced these issues, then you may have a case for a change, if it's only what you read on other forums then you are likely to have very little chance of getting another model. You can ask, but you have no rights to an exchange.

Buzby

However, if they identify the issue as abuse - SOGA is of no use, so keep your powder dry until the issue has been investigated.

Earthworm

What is the handset and what was the fault?

scrumpymonkey_2

Thanks for the replies. The phone is a lumia 920 and the fault arises from the "kids corner" on the windows phone 8 OS. If you (or your child) try to access kids corner and input the wrong pin code, it locks you out of the phone for a prolonged period of time, we're talking several weeks. If you try to get around this by following Orange/ EE's customer service scripted fix which is a soft reset, it will lock you out for about 3 years. If you then call nokia, they will talk you through a hard reset and this resulted in a bricked phone, hence the problem.
As you can imagine this is a common problem as many kids will try to access the games on kids corner. This then leaves you the choice of having no pin code and thus allowing anyone who can get hold of your phone access to anything they want or having a pin code and the risk of your child bricking your phone.
I really wish I hadn't chosen this phone as I have to do a soft reset every month as it locks up. This was the final straw and now, following all the advice above, I think it is too late.

Earthworm

The only solution I can offer as a Lumia 920 owner is to change the setting to require a password after 15+ mins of non-use. It is in the lockscreen settings. That way you can unlock the phone... Pass it to your kid and they wont need the passcode.