mobile phone and consumer rights

shinygirl_2

I had a mobile phone as part of a new contract. It was described as water resistant, sweat and dust etc due to a charging cover feature. At 3 months this came clean off. I spoke to customer care who told me I should return it to store and get a replacement. Customer service contact was lengthy, hours on hold and I was pushed from pillar to post before I got to this. However, when I returned the phone to the retailing store I was told it was user damage (???), It was out of warranty (???) And I was required to source a repairer and fund the repair myself. I was treated appallingly and the provider appeared not to take any responsibility. Under the Sale of Goods and services act I believe I returned the item in adequate time (less than 6 months) and that the item is no longer as described, unfit for purpose and the charging cover is of poor, undurable quality. Surely the mobile phone company are acting out of the law here and I feel totally at a loss and frustrated. Any ideas? Thank you. Ps. I did esculate a compaint but got the same answer with a small credit to my account which I was told if I accepted then the issue was resolved.
When I asked if I could end the contract without charge because they hadn't fulfilled their part of the contract I was met with total refusal and told I would be subject to a termination fee. This can't be right can it? Thanks in advance for any support or advice.

macman

Your contract is for the airtime, not for the handset, so you can't terminate that early without penalty on the basis of a handset issue.
Did you submit a formal written claim under SOGA to Voda?
If you are confident that the fault is not user-inflicted, then you might do better to simply ask Samsung to fix it under the existing 24m manufacturer's warranty.

shinygirl_2

I submitted a written complaint in store with the support of the In store Sales Manager, quoting the Sales of Services and Goods Act. I understood that Voda should take responsibilty of repairing the problem as they had issued the handset only 3 months previosly. I am insulted that they should claim user damage. Samsung claim the charging cover is not covered under their warranty anyway, which I also understood to be 2 years.
Initially I was told by Voda customer services that I should collect a replacement handset in store, but low and behold they could not find evidence on their customer notes that this conversation ever took place.
I understand that the contract covers airtime and network etc but surely the handset they issued has to be fit for purpose, of reasonable quality and as described. thanks for your advice :-0

macman

You have little option then but to take a civil action via the small claims process, citing SOGA. Since the fault occurred within 6 months, the onus would be on them to prove that the fault was not pre-existing.
Possibly an LBA advising your intentions is the way to proceed? This would be a low-value claim and I doubt that they'd bother to defend it. They might just pay up upon receipt to resolve the problem. What is the quoted repair cost?
The handset is essentially a freebie with the airtime contract. Handset failure does not void your airtime contract, whether it's under warranty or not.

JJ_Egan

Samsung's 24 month limited warranty is just that an extra warranty under Samsung's terms and conditions .Its not part of your SOGA rights against the vendor .

macman

If the component is excluded from the manufacturer's warranty (which should be easy enough to establish from the T&C's), then that avenue is closed anyway. SOGA is the only option.