Orange Contract Phone Hardware Issue

grumbler

Anoneemoose wrote: »

I also don't see why it can't be Apple who give the report but that's what EE say and rightly or wrongly, they get away with stating that.

Where do the say this? Even if they do say this to fob the customer off, they are extremely unlikely to stick to their guns if threatened by legal actions.

I just thought that under SOGA requires proof that the fault is inherent so I can't say whether it would be acceptable to just prove it's not damage or misuse.

The SoGA is a very vague law. One can say that if the phone doesn't last for a reasonable time and breaks naturally, it isn't fit for purpose.
However, IMO, if an undamaged and not misused phone breaks within the 'reasonable time' it can be only because of some inherent fault.
E.g. it had some poor quality capacitor that was fine at the time of sale, but failed later because of aging. Is it not an inherent fault?

Anoneemoose

grumbler wrote: »

Where do the say this? Even if they do say this to fob the customer off, they are extremely unlikely to stick to their guns if threatened by legal actions.
The SoGA is a very vague law. One can say that if the phone doesn't last for a reasonable time and breaks naturally, it isn't fit for purpose.
However, IMO, if an undamaged and not misused phone breaks within the 'reasonable time' it can be only because of some inherent fault.
E.g. it had some poor quality capacitor that was fine at the time of sale, but failed later because of aging. Is it not an inherent fault?

Why do you insist on arguing with points raised? I don't disagree with anything you said. OP has already said Orange won't do anything and from experience of working there, they won't do any more until they have to.

You always seem to pick points. I am giving OP advice based on my experience of the company and (admittedly limited) knowledge of consumer law - this is with the aim of telling the OP what Orange are likely to do/say. Oh and 'threatening' legal action really will get OP nowhere - actual Legal action however may cause Orange to take notice so if OP chooses that route, then fair enough.

OP could also get the report stating the fault wasn't inherent (as required under soga) and then ask them to do something. Without it, regardless of your opinions or mine, or you picking fault with my comments then the only other option for OP is legal.

grumbler

Where did I argue? I merely replied to clarify my points, not to argue with yours.

And I asked a question because my (mis?)understanding was that you said that EE insisted that a report couldn't be from Apple. It is still unclear to me what you meant by "but that's what EE say".

Now I do argue...

Re the legal actions, pretty often a LBA is the only way to get things moving. If EE keep fobbing the OP off even with a report from Apple, they know well that they stand no chance to win in a court.

Anoneemoose

grumbler wrote: »

Where did I argue? I merely replied to clarify my points, not to argue with yours.

And I asked a question because my (mis?)understanding was that you said that EE insisted that a report couldn't be from Apple. It is still unclear to me what you meant by "but that's what EE say".

Now I do argue...

Re the legal actions, pretty often a LBA is the only way to get things moving. If EE keep fobbing the OP off even with a report from Apple, they know well that they stand no chance to win in a court.

In my experience EE will not accept a manufacturer's report as 'proof' that is what I meant by "what EE say". (We thought it was Apple but now know it not to be).

And again, in my experience, LBA probably won't change the situation but actual legal action might. Obviously there is nothing to stop OP trying.