EE Consumer Rights - Have The Failed ?

PatrickGM1968

Should say 'Have They Failed'. Any opinions or advice will be gratefully received. So I have a two year mobile contract with EE starting April 2015. Early this year the handset supplied by EE (an IPhone 5C) stopped working. I took the phone to Apple who said it was out of warranty but diagnosed the fault as inherent i.e something that wasn't my fault. I took the phone to EE who sent it off, they did a diagnostic said it was broken and would cost 200 quid to fix. I mentioned the Sale of Goods act and 'hey presto' I get a replacement phone. The replacement wasn't boxed and as it turned out was reconditioned. So fast forward to late last month. The replacement 5C stopped taking a charge so off I go to the EE shop. The shop took the phone - didn't ask for the Apple diagnostic. After a couple of weeks I checked the progress of the phone on EE's web site as I had heard nothing. They were apparently waiting for me to OK the 200 pound repair ! I rang and explained this was a replacement set quoted the Sales of Goods act and expected them to provide with another reconditioned replacement set. But no. They said that the new Consumer Act meant I was only allowed one replacement set per six years !! My thinking is that they have failed by providing me with goods that weren't fit for purpose so the onus was on them to replace it. They seem adamant. What do you think ? I have an IPhone 4 so its not a drama if they don't replace it and I'm of the disposition to take them on..

Ian011

PatrickGM1968 wrote: »

They said that the new Consumer Act meant I was only allowed one replacement set per six years.

The wording of the Act is available online. Ask them to provide the paragraph number where this is stated...

forgotmyname

What was the reason for the charge though? Damage caused by customer?

gycraig_2

The 6 years everyone quotes isn't a warranty as such and you will need to go higher than shop level in most shops if you want to get it enforced.

Most people behind till will say "1 year warranty" it's head office who can auth these changes.

Have they stated phone is damaged or just refused because it's out warranty ?

PatrickGM1968

No damage to either the original. SBE, EE's techies sent a PDF of the diagnostic check and found it wasn't taking a charge but had no damage to it,

PatrickGM1968

UPDATE - So after complaining on EE's FB page and their community page they are going to replace the phone as a gesture of 'good-will'. Thanks for the contributions proof possibly that if you kick-off enough you may get what you are entitled to.