like for like loan phone due to malfunction

stcyrus

evening .
i have a malfunctioning samsung ace 3 phone .i have a 24 month contract with EE which is 20 mths in.i visted an EE store today and explained that the phone malfunctioned and as it is still under the manufacture warranty i would like it returned to them to fix .I said i would need a phone while my phone was away 3 to 4 weeks (with christmas coming up )they could only offerme an old flip phone .I asked if i could upgrade early and was told this would incur a 57 pounds fee . what i would like to know is as my phone is on contract does EE have to provide a like for like replacement ? as the phone is malfunctioning why would i have to pay a fee of 57 punds to upgrade early since it is the malfunction in the phone that is the problem.opinions apreciated
regards

grumbler

They have to repair it without causing you significant inconvenience.

Unfortunately, our well paid lawmakers were incapable of producing anything more intelligible.

I think it's clear for everyone, even EE, that 4 weeks without a phone is 'significant'. However, I don't know whether it's the case for 4 weeks without a smartphone. I'd ask EE for a discount for this month as you can't use data with some basic phone.

MSE article: Consumer Rights Armour

pappa_golf

can the replacement phone make calls , receive calls and TXT messages ?


your contract with them is to provide a PHONE service , and offer to sell /give/HP you a handset.


the warranty on the handset is different to the service , they are supplying this!


they are sorting your handset out (under warranty) with the manufacturer or are going to handle the repair ,


thank yourself lucky they are offering any phone , if you bought a phone from argos , would they lend you a phone?


phone contracts are carefully worded in that you pay £xx per month , but this includes a "free" handset , in reality you are paying for it , but not on paper