Faulty iphone

shelleyelly

Hi

I am 18 months into a 2 year contract and the wifi stopped working on my mobile, which also stopped the bluetooth from working. I called o2 and after much haggling they agreed to replace the phone. It has been over a month now and I have chased them but keep receiving a response such as the following

As informed in your previous email that we're keeping a track of your
case to check the stock availability of iPhone 4S 32 GB black
continuously, but still it's not in stock. Once it'll be in stock, it'll
be delivered to you on priority basis.

They will not commit to any date that the phone will come into stock, and they have now
slowed down my 3g so I cannot access web pages on my phone at all, I am unable to use icloud
and I cannot also use the bluetooth because of the fault.

I run my own business and I am finding it difficult to keep in touch with the
office while I am out and about. I pay over £50 a month on this contract and they credited £35
to my account last month after much messing around but nothing for this month,

Where do I stand? Any help would be appreciated.

wealdroam

Firstly, welcome to the forum.

Secondly, if you are concerned that your business is suffering due to the faulty phone, then perhaps you need to think about a business tariff that offers more in the way maintaining continuity of service.
Consumer phone contracts are all about price.

At best it might be a good idea to source a secondhand phone as a temporary stopgap.

Oh... and if it is not a consumer contract then you need to study the T&Cs to determine their liability.

earthstorm

shelleyelly wrote: »

As informed in your previous email that we're keeping a track of your
case to check the stock availability of iPhone 4S 32 GB black
continuously, but still it's not in stock. Once it'll be in stock, it'll
be delivered to you on priority basis.

They will not commit to any date that the phone will come into stock,

How can they supply you with this phone if they don't have them currently in stock.

The will be relying on Apple to send them stock which they will have no control over, so naturally they cannot commit to a date as they wont know themselves. bytr as the o2 sites says it was a while stocks last and now its all about iPhone 5 they it may be very unlikely they will get anymore iPhone 4s

the only iPhone 4 they seem to have in stock at the moment is
Apple iPhone 4 32GB Black Refurb

Apple iPhone 4 32GB White Refurb


Apple iPhone 4S 16GB Black Refurb


Apple iPhone 4S 16GB White Refurb

shelleyelly

They say it will be a refurbished phone and I cannot change my contract until its up in December. It's very frustrating that I am paying for a contract and phone I cannot use properly.

paddedjohn

Go to the shop and ask for an early upgrade, if no joy there then im sure phones4u or carphone warehouse will oblige.

visidigi

paddedjohn wrote: »

Go to the shop and ask for an early upgrade, if no joy there then im sure phones4u or carphone warehouse will oblige.

That's pretty poor advice.

O2 will need to be pushed - call don't email them over this.

Did you have insurance? Have you been to an Apple store with the phone? I'm confused why O2 are helping you at all given its 18 months old...

shelleyelly

I went to the apple store first and they diagnosed the fault. As the phone is faulty it isn't covered by my insurance as it hasn't been in an accident. I looked into my consumer rights which stated that O2 have got to provide a phone that is fit for purpose for the full length of my contract Under the Sale of Goods and Services Act and it was after I stated this to O2 that they agreed to send a replacement.

shelleyelly

paddedjohn wrote: »

Go to the shop and ask for an early upgrade, if no joy there then im sure phones4u or carphone warehouse will oblige.

If I do that I will be tied into extending or renewing my contract.

earthstorm

paddedjohn wrote: »

Go to the shop and ask for an early upgrade

but which o2 store as some are franchises and wont help.

I remember when i am an issue with my last o2 phone and took this into the o2 shop in my home town. The phone was purchased from the o2 online store 7 months earlier so within warranty. It was the store manager that assisted me and all he said was take it to the local mobile repair shop, i told him it was under warranty, but that all he would say.
Well i was not going to pay for something that is under warranty, so i travelled to another o2 store and this store had a guru who was very helpful as he pinpointed the issue as being the sim, which he changed and all worked fine. he told me that my local store was a franchise and the want to tell is that o2 owned stores will havve a guru in store when franchises wont.

visidigi

shelleyelly wrote: »

O2 have got to provide a phone that is fit for purpose for the full length of my contract Under the Sale of Goods and Services Act and it was after I stated this to O2 that they agreed to send a replacement.

Your wording is out, that isn't true. The product must last a reasonable amount of time, not the length of your contract.

I take it this means Apple have given you it in writing that its faulty and not through malicious damage?

Normally Apple would replace it themselves which is I why I find this a bit odd (they aren't obligated to, but usually do)

ThumbRemote

Firstly, I wouldn't mention business use to them. I presume it's a personal phone that you use for occasional business use, and the contract is with yourself not your business.

If they have agreed to provide a remedy under the SoGA they can't cause you significant inconvenience in doing so. The remedy can be a replacement, repair or refund. However it seems they can't repair and can't source a replacement. You could push for a refund, but how much of the remaining 5 months contract is for the phone, and how much for the phone service?

You are really stuck in a corner on this one. You could go down the 'significant inconvenience' route, and try to force a remedy - they may make a financial offer for the phone. You could buy an equivalent replacement yourself and pursue them for the costs, probably via small claims court. Or you could claim breach of contract on their part and insist they terminate the contract now.

The second option, buying an equivalent and chasing them for the costs, may be the best option and most likely to succeed.