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O2 offering lower value replacement mobile phone

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?

Comments

  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    ....O2 say the replacement is based on the level of my current contract.
    They are pulling a fast one. If they admit that it's a fault, then under SoGA they, as the supplier of the phone, have to replace it with a similar or a better one. The level of the contract is absolutely irrelevant.
  • Anoneemoose
    Anoneemoose Posts: 2,270 Forumite
    Part of the Furniture 1,000 Posts Name Dropper I've been Money Tipped!
    Are they replacing under sale of goods/warranty or an insurance policy?
  • It's under warranty, no insurance policy.
  • gjchester
    gjchester Posts: 5,741 Forumite
    Upon contacting O2 they have said they can't mend it as it's not a current phone (yeah right).


    Not too relevant to the query but that's probably true.


    Sony are lousy for spare parts, as soon as something goes out of production spares become very hard to source and cost a fortune..
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