upgraded with tesco, faulty phone can I get out of my contract

bobbie3917

Hi, I have just upgraded with tesco from the lumia 820 to the lumia 930, I had to upgrade over the phone where I was sent 3 emails to agree to the contact and the new credit agreement this was the 17th october, my new phone was delivered on the 21st October at 18.30, i read the book before doing anything with my phone.
To set the phone up I have to pull a yellow strip out of the sim tray to open the sim tray....I do this as im told to find that the sim tray is snapped. The sim and half the tray is stuck in the phone making the phone useless as I can not make calls or texts.
I phone tesco customers help line on the 22nd october and after being told that I have to pay for the repair finally get them to agree that they will replace my phone with a new one (they say as a good will gesture as it was out of warranty) so tesco send me a post bag to send my phone to them which was done on the 24th October. I have a phone call off them on 3rd November saying that they didnt have a reconditioned lumia 930 and would I like a reconditioned galaxy s4 which I say no thank you I want a lumia 930 and I want a new one not a reconditioned one, the person im talking to says they only send out reconditioned ones and that they dont have any right now, I dont have time to talk to the person then as I was already late for work so I say no thanks to the offer and say I will phone back tomorrow. So the 4th November I phone and ask to cancel my contact as the phone they sent me was not fit for purpose, they said im out of time to cancel my contact the only way I can cancel is by paying it all up in full that day!! So they wanted £708 which was £432 for the phone andthe rest for the call plan. As you can guess I dont want to pay for a phone that does not work. What can I do??? I only had the phone for 2 days but on the 8th November im being charged £29.50 for a phone that I have never used and do not have!

can I get out of this contract? Or get a new phone?? Tesco have now said that my problem is being looked at by the concerns team, what should I be saying to them to get 1) out of my contract with out paying anything 2) get a new replacement phone (not a reconditioned one) 3) get compensation for as I have missed over time in work as they can not get intouch with me..........

Silk

You need to explain to them that as the phone was faulty and reported following day of delivery, you are rejecting it and require a new replacement or contract canceled penalty free .

grumbler

It's difficult to understand what actually happened to the phone
No, you can't get out of the contract.
If the phone was really faulty from the start, Tesco have to repair or replace it with the same or better. If it was new, then the replacement has to be new, not reconditioned.

MSE article: Consumer Rights Armour

bobbie3917

The sim is stuck in the phone as the sim tray is broken, i didnt feel it snap, i only pulled the yellow strip out like i was told to in the hand book,

do I cancel my direct debit for the first payment?

d123

bobbie3917 wrote: »

The sim is stuck in the phone as the sim tray is broken, i didnt feel it snap, i only pulled the yellow strip out like i was told to in the hand book,

do I cancel my direct debit for the first payment?

If your want your credit file trashed for the next 6 years.

I also think you getting your sim stuck and then damaging the sim slot/tray could possibly be viewed as user damage...

Silk

d123 wrote: »

I also think you getting your sim stuck and then damaging the sim slot/tray could possibly be viewed as user damage...

That doesn't matter as they already have the phone back and agreed to replacement

Fully agree not to cancel DD as it can be claimed back if needed

bobbie3917

d123 wrote: »

If your want your credit file trashed for the next 6 years.

I also think you getting your sim stuck and then damaging the sim slot/tray could possibly be viewed as user damage...

I didnt get the sim stuck it was already in the phone with the broken part of the sim tray!! I didnt damage it, it was broken before I touched it!!! I come here looking for help and get slammed by you!!! Thanks alot

forgotmyname

I have never received a phone with the SIM installed. They usually tell you not to insert the SIM until your happy with the phone. Once the SIM goes in its yours.

You still have your old SIM in your old phone. So why couldnt you keep using that?

Silk

forgotmyname wrote: »

You still have your old SIM in your old phone. So why couldnt you keep using that?

I doubt it would fit being as the 820 was a micro sim and the 930 is a nano sim so new sim would be supplied

horsepills

bobbie3917 wrote: »

I didnt get the sim stuck it was already in the phone with the broken part of the sim tray!! I didnt damage it, it was broken before I touched it!!! I come here looking for help and get slammed by you!!! Thanks alot

Here we go....yet another "if you don't tell me exactly what I want to hear or appear to criticize me in any way, I'm going to go mental" posters.

SIM cards NEVER come pre-installed in brand new phones. Your story doesn't add up. If I were you I'd have taken the reconditioned model...

Silk

horsepills wrote: »

Here we go....yet another "if you don't tell me exactly what I want to hear or appear to criticize me in any way, I'm going to go mental" posters.

SIM cards NEVER come pre-installed in brand new phones. Your story doesn't add up. If I were you I'd have taken the reconditioned model...

Afraid to say they do sometimes esp. from Tesco, so the story does add up. Perhaps you should be sure of your facts before you go slagging off a poster and making an idiot of yourself.