Faulty mobile phone on contract - Three or Mobile Phones Direct?

Jcnh10

Hello,
New here. Hopefully somebody can help. I have a faulty mobile phone purchased on contract from Mobile Phones Direct. The service provider is Three. According to Which? if your phone forms part of your mobile phone contract your claim for a faulty phone would be against your mobile service provider, not the retailer. Is this correct? Who do I go through? The phone is less than 6 months old BTW.

Thanks.

DCFC79

Do you know who provided the phone was it MPD or Three ?

Im going to say it is Three, MPD are the middleman in the transaction so Three is who you should contact.

Probably wrong though.

Jcnh10

It was MPD I ordered and received the phone from but my contract is with Three... so, I'm confused.

d123

MPD are the retailer, they package a phone with a Three contract which they sell. The retailer is MPD and they are the ones it needs to be taken up with.

Jcnh10

Thanks. So the Which? information is incorrect?

d123

Jcnh10 wrote: »

Thanks. So the Which? information is incorrect?

Understanding the law

If you've got a dispute going on, it's important not just to know your rights, but to understand how and why they work.

Every time you buy something, be it a mobile phone from a mate or a week in Cuba from a travel agent, you make a contract with the seller.

What does this contract really mean?

Both you and the other party agree to terms and conditions. The seller has agreed to provide your 'statutory rights'.

The nitty-gritty of the law depends on whether you're buying goods, digital content or services. It's also worth noting it only applies to consumers, not to something you're buying in the course of a business (eg, from wholesalers such as Costco). However, it does apply to everything bought in the UK regardless of where the retailer is based (though if you bought something from, say, Outer Mongolia, it might prove tricky to enforce).

Bought something prior to 1 Oct 2015? The laws only apply if the retailer is based in the UK or elsewhere in the EU - if you bought from elsewhere you're subject to the laws of that country. Digital content also wasn't covered separately prior to 1 Oct - it's just treated as a good or service.

http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange

Jcnh10

OK. But that information from Which? is stated quite clearly. And it's the first hit on Google when you Google 'faulty mobile phone'. Where are they getting their information from? Thanks for your help btw.

d123

And to add, have you actually had a read of the terms and conditions you signed up to?

Pay Monthly Terms in full

1. Who’s who and what’s what
1.1 Whenwesay:
(a) ‘we’, ‘us’ or ‘our’, we mean Hutchison 3G UK Limited, trading as
‘Three’;
(b) ‘you’ or ‘your’, we mean you, our customer whose name appears on
theWelcomeLetter;
(c) ‘agreement’, we mean your agreement with us for the supply of Three
Services. Section 2.1 explains what terms make up your agreement.
1.2 We’ve set out at the end of these Terms definitions of the capitalised words
we use in these Terms.

2. About your agreement

2.1 Your agreement is made up of these Terms and your Package (as set out in our Price Guide), along with any other terms laid down in additional Three Services. Additional terms may apply to any promotional or special offers.
2.2 Your agreement is personal to you. Unless we give you permission, you can’t pass your rights or responsibilities to anyone else – even if we give you more than one SIM or you give your Device to others. It’s your responsibility to make sure the SIMs are only used to access Three Services as allowed under this agreement.

2.3 This agreement doesn’t cover:
(a) any products or services you buy while using Three Services; or (b) the supply of your Device.

http://www.three.co.uk/terms-conditions/paym-and-payg

So you service agreement specifically excludes the handset.

Take it up with MPD.

Jcnh10

OK, thanks. But I can't believe Which? are providing erroneous information. They are 100% reputable?

d123

Jcnh10 wrote: »

OK, thanks. But I can't believe Which? are providing erroneous information. They are 100% reputable?

Probably because they are writing in general terms and while it may apply it may equally not apply.

Read what they say:

If your phone forms part of your mobile phone contract, your claim would be against your mobile phone service provider and you may be entitled to a free repair or replacement as part of your contract.
http://www.which.co.uk/consumer-rights/advice/my-mobile-phone-is-faulty-what-can-i-do

It’s worth checking your mobile operator’s terms and conditions to see what you’re entitled to.

So while you may be entitled, it is also possible you may not.


If you take a lottery ticket tomorrow you may win the jackpot

mobilejunkie

Jcnh10 wrote: »

OK, thanks. But I can't believe Which? are providing erroneous information. They are 100% reputable?

Sounds like you believe whatever Which says. It's Mobilephonesdirect you need to go to. They supplied the phone, not the network.