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Blackberry/Orange fault problem

My 9 month old Blackberry 9320 Curve stopped working last week. After a two hour discussion with Orange (where they initially claimed I would have to contact Blackberry to deal with it) I was promised a new phone to be delivered today. It did not arrive and I've just rung them and after some waffle about them having to put the order on 'hold' they said they would send me a 'refurbished' phone tomorrow, not a new one. I pointed out I was promised a new one last week but they would not budge.
Am I entitled to a new phone or do I have to accept the refurbished one? I did not take out their 'care/insurance' policy but I would have thought the Sale of Goods Act would apply here?
Can anyone clarify please?

Comments

  • grumbler
    grumbler Posts: 58,629 Forumite
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    edited 22 September 2014 at 12:55PM
    The SoGA does apply, but it doesn't say that the replacement has to be new.
    Your phone isn't new, and you aren't entitled to a new replacement.

    That said, normally refurbished phones are 'like new'. The main differences are packaging and accessories.
  • In addition, they don't even have to replace it. They could (and normally do) just repair it.
  • Jon_01
    Jon_01 Posts: 5,927 Forumite
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    Hopefully, they told you that you need to keep the back of the phone, the battery and the sim?

    And to backup and wipe the phone before handing it over?

    Once you've given it to the delivery guy, that's it. You won't get it back again...
  • Caryne
    Caryne Posts: 687 Forumite
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    Jon_01 wrote: »
    Hopefully, they told you that you need to keep the back of the phone, the battery and the sim?

    And to backup and wipe the phone before handing it over?

    Once you've given it to the delivery guy, that's it. You won't get it back again...


    They havn't actually asked to have the old phone back but I couldn't wipe it or back it up as it's locked and as they keys have stopped working I can't put my password in to unlock it.
  • Jon_01
    Jon_01 Posts: 5,927 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Caryne wrote: »
    They havn't actually asked to have the old phone back but I couldn't wipe it or back it up as it's locked and as they keys have stopped working I can't put my password in to unlock it.

    That's odd? The guy that drops the replacement usually picks up the old one...

    You might want to check with them.

    Can you back the BB up on the PC? (I know almost nothing about them, but I thought there was a pc suite to backup and restore?).
  • Caryne
    Caryne Posts: 687 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    Jon_01 wrote: »
    That's odd? The guy that drops the replacement usually picks up the old one...

    You might want to check with them.

    Can you back the BB up on the PC? (I know almost nothing about them, but I thought there was a pc suite to backup and restore?).

    I could if I could access my phone but I have password protected it and as the keys won't work I can't take get into it :-(
This discussion has been closed.
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