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Faulty handset

Can anyone help with with an issue with orange/EE

I took out a Samsung Ace 2 on a contract upgrade last May and all was fine until it developed a fault with its messaging services

Orange agreed to replace that handset 2 weeks ago but the replacement had the same fault after 24 hours

They replaced again and that handset developed that same fault yesterday.

I called orange and asked for a different model but they refused as I was out of their warranty (the handset was 10 days old!!) and asked me to call samsung who could replace it!!

After a lot of transfers between faults and cancelations they agreed (reluctantly) to replace for the same model

What are my rights to ask for a different handset? I am not on their insurance but surely a faulty handset through no fault of my own is covered by a warranty

Thanks

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