Faulty Mobile Phone from Vodafone

olusay

I upgraded my mobile contract about 3 years ago for another 24 months With Vodafone. I was given an HTC HD 1 as part of the upgrade. About 2 months later the phone developed a problem. I returned the phone for repairs. I was sent a replacement phone. The new phone soon developed the same problem as the old one. I sent it away for repairs again and I was sent a replacement phone again. The new phone also developed the same fault and I was forced to return it for repairs again. I was again sent a replacement phone, which soon developed the same problems as the old ones. This made it 3 times of having a replacement phone develop the same fault. Vodafone asked me to return it for repairs, to which I refused and demanded another similar phone with same specifications but a different brand. Vodafone refused and demanded I send the phone back for repairs. To which I refused. Vodafone dragged this out until my contract came up for renewal. They then asked me to use my renewal to upgrade my phone. I refused. They now said since my current contract has expired they no longer can repair the phone for free and if I want them to repair it I will have to pay. I went to the ombudsman who told me Vodafone were within their rights and their was nothing they could do. They however requested Vodafone to pay me £50 for poor customer service. I refused. I got a lawyer from my local CAB to write them about 4 months ago, they have not replied. I am thinking of taking them to a small claims court, but am afraid if I loose I might have to pay their cost. Just for info: I have other phone contracts link to this contract and I pay about £300 a month for all of them. What can I do and what rights have I got.

keith1950

You sound like a bit of a nightmare customer, your rights were to have the phone repaired, not replaced, you held out, you are now out of contract , don't waste your money you've blown it !!

NFH

keith1950 wrote: »

You sound like a bit of a nightmare customer, your rights were to have the phone repaired, not replaced, you held out, you are now out of contract

That's an unfair and inappropriate comment. It sounds more as if Vodafone is a nightmare supplier rather than the OP being a nightmare customer. The OP gave Vodafone the opportunity three times to repair or replace the phone, which is more than reasonable.

OP, the relevant legislation is Section 11N of the Supply of Goods and Services Act 1982. Don't believe others on here who will ignorantly quote the Sale of Goods Act or claim that the phone was free. Given that Vodafone's attempts to repair or replace the goods failed, you can claim a breach of contract and demand a different model or a monetary amount allowing you to buy an equivalent phone elsewhere.

Please could you explain the nature of the fault. Even if it's minor, Section 18(3)(c) requires that the goods be free from minor defects.

ladymagpie

You asked for them to send you another phone instead of fixing the one you had again.

They were perfectly within their rights to refuse this as anyone could contact them to claim their phone was broken, and then get a new one they could then in theory sell on while still using their handset they lied about being broken.

If your phone was broken, why were you able to use it until the end of the term of the contract? Doesn't sound too broken to me that you couldn't live without it.

If you have reached the end of the minimum term then you effectively own the phone so you are responsible. Why should they repair it for free then? Why did you wait until the end of the contract anyway? Would you demand that the builder/estate agent through which you got your house come and fix it after you owned the house?

NFH

ladymagpie wrote: »

If you have reached the end of the minimum term then you effectively own the phone so you are responsible.

The OP owned the phone from the beginning, but the supplier remains liable for defects until up to six years after supply, depending on the price paid (for the goods and service combined in this case) and the likely lifespan of the goods. Although a court would expect goods to last for at least the minimum duration of the related service contract, in many cases the goods would be expected to last much longer. In any case, it is not relevant how much time has passed now (as long as it is under six years) but how much time had elapsed when the OP reported the matter to the supplier. The supplier cannot exonerate itself from its obligations simply by delaying the resolution.

ladymagpie wrote: »

Why should they repair it for free then? Why did you wait until the end of the contract anyway?

See Section 11N above which explains the supplier's obligations. The OP didn't wait until the end of the contract, but instead requested repairs or replacements many times from the supplier during the minimum contract term.

bruno00

http://www.htc.com/www/support/warranty-statement.html
nowadays all mobile phones manufactures offers 24 months limited warranty on their devices so i think it will be much easier for you to get in touch with them. Much less hassle.

Techhead_2

bruno00 wrote: »

http://www.htc.com/www/support/warranty-statement.html
nowadays all mobile phones manufactures offers 24 months limited warranty on their devices so i think it will be much easier for you to get in touch with them. Much less hassle.

Considering the phone was bought three years ago, HTC are unlikely to help.

Whilst the OP could try to go to small claims court. The fact that they have been stubborn when offered a resolution means that they are correct to be concerned about the outcome.

No one can give the OP an answer without a lot more information. There isn't enough detail to be able to offer definite advice.

bruno00

in the meamtime he received 3 replacements so it also may be just about right. It is worth to try. Do not ask, do not get. Nokia replace my handset free of charge even when it was well over 24 months old.

chanz4

No phone lasts 3 years

bruno00

they do. its all up to the users, not phones

NFH

chanz4 wrote: »

No phone lasts 3 years

What a ridiculous comment. Of course they do. Many iPhones last for considerably longer than this for example.