Refund a faulty O2 Contract Phone

Charleyboy14

Hi Guys,

my first time posting so go easy on me.

I need advice!!!!

I took an O2 Refresh contract out. The phone i got was a Samsung Galaxy s4. It broke after 14 months. I had to send the device back 3 times within 2 weeks as it returned with the same faults. they decided to give me a Samsung Galaxy S5 as a replacement.

Fast-forward 3 months and the Galaxy s5 they gave me as a replacement is broken. when i say broken i mean the person on the other end cant hear me unless i put them on loud speeker.

I Sent the S5 back to O2 on the 3rd of January 2015 to be repaired. The repair company sent it back to me on the 14th of January 2015 saying they could not find any faults.

I went into my local O2 Store yesterday (15th) asking for a full refund as it was unacceptable. The store manager said i wasnt entitled to a refund of any sort and that they could only return or replace.

Both devices were not fit for purpose never mind of satisfactory quality and as Samsung warranty both devices for 24 months it isnt anywhere near an unacceptable timeframe.

Can some one please help me, all i want is a refund for the phone. i dont even mind paying for the calls and texts and stuff

Thanks in advance
Charles

grumbler

Firstly, Samsung's warranty has nothing to do with O2. They have obligations under the SoGA, not Samsung's warranty. BTW, 24 months is a typical warranty for mobile phones. Some are shorter, and no manufacturer offers a warranty longer than 24 months. You can deal directly with Samsung instead if you prefer.

Secondly, the manager was right. They have to repair or replace at their discretion. They can offer a refund, but have no obligations to do this.

MSE article: Consumer Rights

keith1950

The phone and the contract are totally seperate.

Send the phone off for repair again....if you are unhappy with O2 send it off to Samsung.

Millions of people have S5's and S4's with very few faults.

You were lucky to get an S5 as a replacement for the S4, the best you can hope for is another replacement........ you have zero chance of getting out of the contract.

Collabora

so you have had a phone for 17 mths of a contract (typical 24mths). their is no way you will get a refund. do what i did when mine failed and just get a cheap PAYG on the same network to see out the contract

Charleyboy14

Hi Grumble,

Thanks for the input. I've only ever had iPhones before so thought only samsung done a 24 month warranty (iPhones are only 12 month)

In regards to the SoGA surely i'm entitled to a refund?

The phone was purchased using a fixed term loan, so firstly the shop who sold me the faulty good should be responsible and as such would have to refund me? and secondly the fixed term loan provider should also bare a little responsibility as it is there money?

Hi Keith1950,

I disagree, the contract is a fixed term loan for said device. Just the same as when you get a car or tv on finance. so the Phone and the contract are not totally separate, thats not even being pedantic.

and yes Samsung sold the S4 and S5 by the million but from speaking to a few people at O2 call centers they have a lot of issues with the Galaxy range.

Hi Collabora,

No offence but i'm just going to totally dismiss your comment.
Lets say you buy an oven and it breaks after 7 month, they replace it with a new one and that breaks after a month. You are telling me you would just go out and buy a new oven...

Sorry in advance for any grammatical/spelling errors in my post's i know it can be horrendous/infuriating to read.

grumbler

Charleyboy14 wrote: »

I've only ever had iPhones before so thought only samsung done a 24 month warranty (iPhones are only 12 month)

Why "24 months ... isnt anywhere near an unacceptable" then? If the second phone was new it had a full 24-months' warranty with Samsung directly.

In regards to the SoGA surely i'm entitled to a refund?

Well, if you read the article, you'll stop using the word 'surely'.

The phone was purchased using a fixed term loan, so firstly the shop who sold me the faulty good should be responsible and as such would have to refund me? and secondly the fixed term loan provider should also bare a little responsibility as it is there money?

It is responsible, but nowhere in the SoGA does it say that you are entitled to a refund.

I disagree, the contract is a fixed term loan for said device. Just the same as when you get a car or tv on finance. so the Phone and the contract are not totally separate, thats not even being pedantic.

For other mobile contracts it's arguable, but not for Refresh where the phone loan and airtime contract are clearly separate. Not that it makes any difference in your case.

Lets say you buy an oven and it breaks after 7 month, they replace it with a new one and that breaks after a month. You are telling me you would just go out and buy a new oven...

I (not Collabora) am saying that most likely you will have it repaired, not replaced.

Sorry in advance for any grammatical/spelling errors in my post's i know it can be horrendous/infuriating to read.

Not really. I noticed just one, but it was my pet one. Have a look at my signature.

Charleyboy14

Not sure how to quote multiple things so will have to do it the old fashioned way:

"Why "24 months ... isnt anywhere near an unacceptable" then? If the second phone was new it had a full 24-months' warranty with Samsung directly."

I should have worded that better, i was trying to say that one phone only 14 months into a 24 month warranty and the other less than 3 months into a 24 month waranty. I hope that makes sense?

"Well, if you read the article, you'll stop using the word 'surely'."

Sorry, i have read through the Soga and it says basically 3 options:
Refund
Repair
Replacement.

As i have already had a replacement and this one has already been sent for repair to no avail the only thing left is a partial or full refund. the word surely is inquisitive as i'm curious, am i missing something? are there more options? if not why was i told i wasn't able to have a refund?

"For other mobile contracts it's arguable, but not for Refresh where the phone loan and airtime contract are clearly separate. Not that it makes any difference in your case."

Oh yes, i knew this just they are both contracts so i may not have been clear

"I (not Collabora) am saying that most likely you will have it repaired, not replaced"

Yes, i understand this but as i have already had it out for repair and they found no fault.

"Not really. I noticed just one, but it was my pet one. Have a look at my signature."

i do love that signature. also if any of this sounds like i'm being condescending or a (insert expletive here) i appologise, i struggle to put emotion into conversations over text.

grumbler

Charleyboy14 wrote: »

Sorry, i have read through the Soga and it says basically 3 options:
Refund
Repair
Replacement.

Yes - at the supplier's discretion, not yours.
How on earth can this mean that you are entitled to a refund?!

As i have already had a replacement and this one has already been sent for repair to no avail the only thing left is a partial or full refund. the word surely is inquisitive as i'm curious, am i missing something? are there more options? if not why was i told i wasn't able to have a refund?

Again 'surely'...
Where does it say that the number of repairs/replacements is limited by one?
It does say "within reasonable time and without causing significant inconvenience", but defines neither "reasonable", no "significant".
Sue them if you are sure that it's either "unreasonable" or "significant".

Yes, i understand this but as i have already had it out for repair and they found no fault.

Well, prove them wrong.
If there is a fault they have to repair/replace/refund - up to them.
If there is no fault then demanding a refund makes even less sense.