Broken mobile phone/ending contract advice

NorthernDiver

I've got a Samsung Galaxy s3, on contract with O2 from January this year. I've sent it off to be repaired 3 times due to it taking approximately 24 hours to fully charge. I got a phone back after the 3rd repair, and was told they'd replaced the handset with a new one because they couldn't find a fault.
I have now found the same fault with this handset. I've reported it to O2 who have completed the relevant paperwork, and kindly sent me a list of 20 handsets, from which I can choose a replacement for my broken handset. Only problem is the handsets are either old and outdated or have reviews which show they have poor battery life, or are the very phones I didn't want in the past.
Can anyone advise where I stand in getting the contract cancelled? Will the argument of "not fit for purpose" be valid? Surely the contract I signed stated that the phone must be fit for purpose, and I don't think it's unreasonable for me to ask that I be able to choose a new phone, under a new contract.
Thank you in advance for any help and advise! !

keith1950

The mobile and the contract are 2 separate things.

You will not be able to end the contract.

If you cannot pick a replacement from their list, sell the phone to Envirofone or Mazuma or such and use the £180 towards a mobile you can live with.

As both mobiles appear to have the same issue are you sure you've not got a faulty charger ?

Buzby

Your contract is for the SIM, not for the phone. You are covered by SOGA for your first replacement (not for any subsequent ones) so a contract cancellation is doubtful.

NorthernDiver

Thank you both;
I tried a different charger, and the same occurred. I was also told in store there was no way the charger would be faulty.
As for the replacement, I didn't ask for nor was I asked if I wanted this replacement. They replaced it because they couldn't find a fault, apparently, so now I can't even prove the original fault exists because I don't have that exact phone.
Will see about finding a new phone. Only problem is I've lost all faith in Android, and the new iPhone has a different SIM size to mine...

gjchester

NorthernDiver wrote: »

Will see about finding a new phone. Only problem is I've lost all faith in Android, and the new iPhone has a different SIM size to mine...

Sims can be cut down, but bear in mind you entitled to what you sent for repair, i.e. an 8 month old phone, not a newer model. Were the handsets you were offered current 8 months ago? If they were it could be seen as a fair offer.

NorthernDiver

Most were 2012 models, which fits with my s3. I'm probably goingto go down the "find a new phone myself" route

Rev

Have you called O2? The customer services there seem to have more options available than those in store. Last year my friend has the same problem with the HTC one x. She was offered phones no where near on par with the HTC.

I called in her behalf and told them outright she wanted either a galaxy s3 or an iPhone 4S. They offered a refurb s3. Which was brand new when it arrived.

I'd pick a few phones you'd be happy with. Maybe a nexus 4 and call them. Stress the point the phones offered aren't 'like for like' and ask if you can have one of the phones you'd like.

Obviously they won't budge on the new flagship phones. But there ate plenty of good phones available. The nexus 4 for example.