HTC The One recurring volume fault

gario

Hi
Looking for advice for my sister if anyone can help out here.
She has been a loyal customer with 2 contracts with O2 for over 8 years.
The last 2 year renewal contract still has 8 months to run out.
From getting this phone there has been a fault with the volume
which on 2 occasions has been returned for repair, each time having to do without a phone for 3 weeks while in for repair.
I know it is out of the guarantee, but the same problem has yet happened again and it needs to be repaired for the 3rd time, (no fault of her own), it is just a fault that keeps coming back and with the same issue.
Although the phone is over a year old, can anything be done about this or is it another waiting game to get it repaired?
Thanks

grumbler

gario wrote: »

...
The last 2 year renewal contract still has 8 months to run out.
...
I know it is out of the guarantee,
....the phone is over a year old...

Why is it out of warranty then?

gario

Well if it is not out of warranty (which i thought was after a year) then what are her rights rather than after a 3rd time send it back for repair was more what i was asking!
Obviously if I knew the answer i wouldn't have posted
Cheers

AJXX

This thread should be moved to The Consumer Rights Board who can provide more assistance.

But essentially it's covered under Sales of Goods Act, despite being outside the "guarantee".

Your sister needs to go back to o2 (NOT HTC) and make a SOGA complaint > http://www.which.co.uk/consumer-rights/problem/my-mobile-phone-is-faulty-what-can-i-do

She can't force o2 into an option, it's their decision, but they can repair, replace or refund (minus some value due to the handset being used).

FYI: 3 weeks is a perfectly reasonable repair time for a consumer handset.

grumbler

AJXX wrote: »

But essentially it's covered under Sales of Goods Act, despite being outside the "guarantee".

It's not outside.

Your sister needs to go back to o2 (NOT HTC) and make a SOGA complaint > http://www.which.co.uk/consumer-rights/problem/my-mobile-phone-is-faulty-what-can-i-do

She can't force o2 into an option, it's their decision, but they can repair, replace or refund (minus some value due to the handset being used).

FYI: 3 weeks is a perfectly reasonable repair time for a consumer handset.

Correct, but 3 weeks is nowhere near reasonable IMO, especially if it's not the first time. Don't forget about "without causing significant inconvenience". More than 2 months in total with a spare handset is a very significant inconvenience.

And why NOT HTC? Contacting HTC directly under the warranty is another option.

gario

I appreciate your replies.
Yes I agree that 3 weeks is a reasonable repair time, but this is the 3rd repair of the same occuring problem in the past 16months.
Cheers

AJXX

grumbler wrote: »

It's not outside.

I'm just going off what the OP said.

grumbler wrote: »

Correct, but 3 weeks is nowhere near reasonable IMO, especially if it's not the first time. Don't forget about "without causing significant inconvenience". More than 2 months in total with a spare handset is a very significant inconvenience.

Yes but remember that "without causing significant inconvenience" is not actually defined by a specific period of time. Only a court can decide this. 2 months sounds like a long time, but how long has OP's sister had the phone, and how long between the repairs.

2 repairs (remember it hasn't actually been repaired for the 3rd time yet) over the course of 1 year and 4 months on something like a mobile phone which presumably gets used every day isn't exactly what I'd call excessive repairs.

grumbler wrote: »

And why NOT HTC? Contacting HTC directly under the warranty is another option.

It is. But again the OP is asking about her rights and at this point if OP is fed up of repairs or thinks the phone isn't lasting long enough she is better off going down her SOGA rights.

Rev

I'm pretty sure with O2 if you have to send a phone in three times for repair you're entitled to as for a different handset as it's obviously not fit for purpose.

Last year my friend had a HTC same, returned for repair three times with the same issue. I'd heard about the above and called on her behalf(acted like I was her). Stated it obviously wasn't fit for purpose and she'd like a different handset as she didn't trust the one she had would not need repairing again. They offered either a galaxy S4 or a different HTC model. She went for the Galaxy S4 which has been flawless.
I was very nice. No kicking off. Simply asked if they thought it was acceptable and said I'd lost faith in the brand and would like a different handset.

HTC phones have a 24 month warranty so he phone is still covered.


I'd call O2 and request a different handset stating it has needed repairing 3 times. Worst case is rules have changed and they say no.