ee contract phone not repairable

thunder367

first of all im a trucker i use my phone to tether i nthe evening got a 20gb data allowance and pay £44 a month for it and had the contract since june15 about 15/16 months now.
about 7/9 months ago i dropped my samsung s6 and the back cracked.checked it all over and everything else was fine the phone worked perfectly till about 8 weeks ago.when one night i was tryign to tether to my laptop but got nothign no signal at all.thought nothing of it at ll thinkign they must be doign a upgrade.
then over the next couple of weeks it got worse was not about to tether get email or even do updates on facebook at all.took it into ee they said they would change the sim as that was most likely the problem.had to wait about 14 hours for 4g to work was ok for a few days then it just went the same again.a few days later i tried the sim in a friends phone and everything work perfectly.so i put sim back in the phone thinsg sort of worked again but then went bad again then battery just went like madewas flat in say 8 hours.
in the time ive had the phone ive done all the updates when prompted over wifi at home.3 weeks ago i too the phone into ee shop asking for them to sent it off for repair.i was informed becuse the back was crack that the warranty was void.i said i was never told about this whne i got the phone at all.they said that id have to probably pay for it if they had to take the back off.so i said ok.now id taken it off charge at 12pm fully charged by 3pm it had dropped to 40% which for a phone that is just over a year old is not right.all i got no thats how they go.yes if u run lots of apps like snap chat twitter and lots more.but i do not use that may and all mine are logged out when not in use.
they said they give me a replacement smart phone while mine is in for repair,but came out with a samsung pebble which was no good to me as no email no goggle maps nothing i could use at all.i said how am i going to get things i need on that.they replied when a smart comes in the next day or so they call me.now i nthe 3 weeks since then i have not had one phone call to say they had one in at all for me.luckly a friend had a spare htc for me to use.
i have had 2 calls off the repair centre about he phone first to pay fora new back cover which i knew i had cover.then they went ahead and set about looking at it.then on 6/9/16 they called me to tell me that they was refunding me my cash as the phone was not repairable as the motherboard was no good and cost to much to replace.
i called ee told them everyhting that has gone on and how i had spoke to a few weeks before and had 1 months payment refunded because of not being about to use my contract because of phone problems.
the guy i spoke was help full but basically told ill probaly end up with a sim and nothing else apart from my phone back but not able to use it at all.what i like to know do ee have to supplie a replacement to me so i can use my contract im paying for or do i have to go out and buy a complete new phone out of my own pocket.
anyone else had similiar problems at all

Anoneemoose

Warranty is different from EE's obligations under the Consumer Rights Act (providing you actually got the phone from EE). A warranty is usually provided by the manufacturer and they can impose any terms they like in regard the circumstances under which they will repair or remedy the situation.

If you did get it from EE, then as the device is over 6 months old, it is up to you to prove that it was inherently faulty (in effect faulty from purchase, although the fault didn't have to be apparent then). If you cannot prove that the phone was inherently faulty and it wasn't caused by damage, there's not a lot you can do. You will still be obliged to pay for your contract with EE.