Repair under warranty rights?

kmb500

I am 13 months into a 24-month phone+SIM contract on Vodafone purchased from Carphone Warehouse.

My phone broke, as of a known issue from the manufacturer that they have said will be covered under warranty (it has a 2 year warranty). I returned my phone to Carphone Warehouse 3 weeks ago and they accepted it for a repair under warranty / RMA. Their process is to accept it in the store, send it to central depot, diagnose the problem, fix it / send it to manufacturer, return it to central depot, then send back to store. In three weeks all they have managed to do is send it from the shop to the central depot. They have a tracker online, they haven't started the diagnostics/fixing stage yet.

They did not give me a temporary replacement phone, and I'm paying £40 a month for this contract.

As far as I'm concerned, they are not delivering the service that I expect them to. As of one week from now, it will have been dragged out to a full month with no access to the service I pay for, so I believe I should at least be entitled to a £40 refund since that is what I pay for every month. But alas I am not very knowledgeable about these things. I've read through my T&Cs and it's not very clear what I am entitled to in this situation.

Can anyone advise me of what rights I have? Who should I complain to? Am I at all in a position to cancel my contract? Have they broken an agreement between me and them?

Cheers:)

mobilejunkie

Cancelling, no. As to the rest, you are en titled to repair or replacement under the warranty - though with CPW you're likely to get the phone back worse than it was when you gave it to them.

I would send a LBA to the head office threatening legal action unless they return the phone repaired or replace it within 10 days (though a replacement won't be a new one and might not even be the same model).

boatman

http://www.which.co.uk/consumer-rights/regulation/consumer-rights-act#repair-or-replace
Have a read through, it may help.
http://www.which.co.uk/consumer-rights/advice/how-to-get-a-faulty-product-replaced-or-repaired

Your problem is its down to a 'reasonable time' for the repair, a month to me seems enough, write to them and say they have 7 days to return the phone.