O2 offering lower value replacement phone

sebsational

Just under a couple of years ago I purchased a Sony Xperia Arc S with a two year contract. About half way through that contract, within the terms of the agreement I downsized to the cheapest tariff. The phone has now developed a fault whereby my own voice echoes back and the other person can't hear me (it's not actually a problem with the microphone though as I've checked).

Upon contacting O2 they have said they can't mend it as it's not a current phone (yeah right). And as they have no Xperia Arc S's to replace it with they have offered either a refurbished Samsung Galaxy Fame or Samsung Galaxy Music instead.

These phones are nowhere near the Spec of the Arc S and are inferior in every way including a much smaller screen with a fraction of the resolution. In fact the Arc S still sells on ebay for much more than either of them. O2 say the replacement is based on the level of my current contract. I say my phone should be replaced with one of equal or higher value and spec. Do they have a leg to stand on and what are my rights?

wealdroam

Why don't you suggest to them a phone that would be acceptable to you?

When they refuse that, start negotiating.

sebsational

They were pretty steadfast that they wouldn't offer anything better, but yeah I could try that I just doubt they'd go for it. Could do with quoting a law that specifies my rights.

wealdroam

sebsational wrote: »

They were pretty steadfast that they wouldn't offer anything better, but yeah I could try that I just doubt they'd go for it. Could do with quoting a law that specifies my rights.

Ah, if you are looking for laws, then it's the Sale of Goods Act you're after... as suggested on your other thread.

However, you may need to prove to them that the fault is inherent... i.e. that the fault was present at the time of sale but not necessarily apparent at that time.

See MSE's Consumer Rights article for more details.

sebsational

Well it wasn't present at the time of sale, but it's developed within the warranty period.

wealdroam

sebsational wrote: »

Well it wasn't present at the time of sale, but it's developed within the warranty period.

I think you are misunderstanding.

If the fault wasn't present at the time of sale then SoGA won't help you.

Something must've made the fault appear during the warranty period.
If that was because substandard components were used, or poor design, or faulty construction, etc, such that the thing worked ok when sold but became faulty later, then that is an inherent fault... i.e. the problem was there at the time of sale but not apparent at that time.

On the other hand, if water has got in, it has been dropped or otherwise misused and that has caused the fault, then neither the warranty or the Sale of Goods Act will help you.

sebsational

OK thanks. The phone has been treated impeccably so it's not that. O2 aren't disputing that the phone has developed a fault as they are offering me a replacement. The problem is the replacement is of significantly lesser value. They justify this by claiming the value of the replacement corresponds to my current tariff (which has been changed to the lowest cost one they offer. I believe they need to change it for a phone of equal or greater value as it is still under warranty. The tariff I'm now on shouldn't come into it, but I just wanted to confirm that I'm right from a legal point of view!

wealdroam

sebsational wrote: »

OK thanks. The phone has been treated impeccably so it's not that. O2 aren't disputing that the phone has developed a fault as they are offering me a replacement. The problem is the replacement is of significantly lesser value. They justify this by claiming the value of the replacement corresponds to my current tariff (which has been changed to the lowest cost one they offer. I believe they need to change it for a phone of equal or greater value as it is still under warranty. The tariff I'm now on shouldn't come into it, but I just wanted to confirm that I'm right from a legal point of view!

You are muddling two different things... warranty and Sale of Goods Act remedy.

All I am saying is that if you try to force them to provide what you are entitled to under SoGA, then you may well find them forcing you to prove that the fault is inherent.

Have you read MSE's Consumer Rights article?

Their How to Complain document is worth a read too.

sebsational

Actually what I'm slightly confused with is why I'd need to even bring up the SOGA when the phone is still in warranty. Surely that in itself should be enough to demand they provide an alternative of equal or higher value? As far as proving the fault is inherent, the Sony forums have various posts with the same problem so I guess that would be the required evidence?

frugal_mike

sebsational wrote: »

Actually what I'm slightly confused with is why I'd need to even bring up the SOGA when the phone is still in warranty. Surely that in itself should be enough to demand they provide an alternative of equal or higher value? As far as proving the fault is inherent, the Sony forums have various posts with the same problem so I guess that would be the required evidence?

The warranty is not a statutory right, its just a contract that has terms and conditions. If those terms say they should replace the phone with one of equal or higher value then they should do that, but what do the warranty terms actually say? And is the warranty provided by the seller or the manufacturer?

The evidence on the forums is not evidence of what is actually wrong with your phone. You could get the same symptoms for a different reason.

Also did you actually buy the phone outright and then take out a 2 year contract, or did you take out the contract and they provided a phone. In the first case they are not justified in giving you a lesser model as replacement just because your contract is worth less to them, but in the second case I'm not so sure.

Do note though that even under the Dale of Goods Act you can't force them to replace the phone. They could give you a partial refund if that's cheaper for them (and you actually bought the phone).

Buzby

Also, if under warranty this is handled by the manufacturer, not the retailer. The network is showing goodwill by wanting to keep you happy - they could just as easily have said 'tough'.

Go to the manufacturer's website - follow their instructions for service. They will have plenty replacements of your model and will often do it instantly as long as you can prove ownership and the original supply date.