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Mobile phone contracts and consumer rights

I took out a mobile phone contract last March through Carphone Warehouse with Talkmobile. The contract was for 2 years. A few months in, the phone, which is for my teenager, stopped receiving or making calls or texts, especially away from home, unless my son reboots the phone. We have tried a new SIM but that didn't help. We've tried all the fixes Talkmobile have asked us to do but they didn't help either. Now they have said it sounds like a handset issue and told us to go to the manufacturer, HTC, to ask them to sort it as it is under warranty.
My view, and this is what I want to check out with the collective, is that my contract is with Talkmobile so they should be sorting it with HTC in the same way that if I bought a TV from a high street store and it turned out to be faulty the store would sort it not send me to the manufacturer. Am I correct in my assumption or are somehow phones exempt from the usual legislation?
Any help greatly appreciated.

Comments

  • marliepanda
    marliepanda Posts: 7,186 Forumite
    loisamelia wrote: »
    I took out a mobile phone contract last March through Carphone Warehouse with Talkmobile. The contract was for 2 years. A few months in, the phone, which is for my teenager, stopped receiving or making calls or texts, especially away from home, unless my son reboots the phone. We have tried a new SIM but that didn't help. We've tried all the fixes Talkmobile have asked us to do but they didn't help either. Now they have said it sounds like a handset issue and told us to go to the manufacturer, HTC, to ask them to sort it as it is under warranty.
    My view, and this is what I want to check out with the collective, is that my contract is with Talkmobile so they should be sorting it with HTC in the same way that if I bought a TV from a high street store and it turned out to be faulty the store would sort it not send me to the manufacturer. Am I correct in my assumption or are somehow phones exempt from the usual legislation?
    Any help greatly appreciated.

    Nope.

    Warrantys are offered by the manufacturer. All talk talk would do would send it in your behalf, it's quicker for you to.

    If you want to make TT do anything you need to prove that it was inherently faulty at time of purchase as you've had it over 1 year.

    This would be the same as buying a TV from a shop, and no phones are not exempt from the legislation.
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