Section 75/loans/mobile contacts

eddddy

chanz4 wrote: »

Issue is the replacement phone from apple was not the one supplied, and who knows how old it was

Why does that matter?

What are you saying the OP has done to invalidate his 2 year contract with O2?

Has he done something that O2 told him not to do?

Did they tell him he must not accept a warranty replacement from Apple?

glentoran99

eddddy wrote: »

Why does that matter?

What are you saying the OP has done to invalidate his 2 year contract with O2?

Has he done something that O2 told him not to do?

Did they tell him he must not accept a warranty replacement from Apple?

Did o2 tell him to go to Apple? I know when I got mine from phones for you the guy told me I must not take it to apple as then it wouldn't be the same device they supplied

chanz4

The replacement breaks the chain for o2, if the op went to o2 first and had the replacement he would be fine.

DevCoder

The contract for airtime (i.e. the length of the contract for the actual phone (voice/text/data) service offered by O2) and the contract for the phone are two separate contracts and are not linked.

Therefore you need to apply SOGA against the phone, the airtime contract is still performing to its contractual requirement.

gycraig_2

krisdorey wrote: »

The contract for airtime (i.e. the length of the contract for the actual phone (voice/text/data) service offered by O2) and the contract for the phone are two separate contracts and are not linked.

Therefore you need to apply SOGA against the phone, the airtime contract is still performing to its contractual requirement.

How can he claim soga for a phone he has swapped.

gycraig_2

eddddy wrote: »

I'd say the bit about the replacement device being 4 months old isn't really relevant.

Go to O2 and say:
- You bought a phone on a 2 year contract
- It has stopped working after 18 months
- Apple confirm in writing that it is not due to misuse or damage
- So by definition, it was not "fit for purpose" (i.e. the phone was not fit for a 2 year contract.)

At best, I suspect O2 would only offer a partial refund - for example, they may say that the expected life of a phone is 2 years. You've got 18 months use out of it - so you get a 25% refund.

If O2 refuse to refund, you can try exactly the same argument with the credit provider. (But don't necessarily expect them to give in more easily.)

o2 where liable for ensuring that his handset with the imei that was sold to him worked, if he got it fixed or repaired at o2 then they would still have to sort this under sale of goods act.

Now he has a phone that is faulty and has a different imei to the one they provided. They may do it out of good customer service but it is by no means a legal requirement.