Want to know my rights (Talkmobile)

leitmotif

Hi all. A couple of weeks ago my phone started playing up. It would no longer connect to my WiFi at home, and it wouldn't even display the various WiFi networks that are usually within range. It was also problematic in terms of making or receiving calls. If someone phoned me, I could sometimes answer it but then the call would be dropped as soon as I answered, or it wouldn't let me answer at all (would just freeze). If I make calls, they don't always ring (on the other person's phone).


The phone hasn't been physically damaged in any way. I contacted Talkmobile and they said 'go to Microsoft' (the manufacturer), without even asking me questions about the problem. I pointed out that they hadn't even asked about the problem and ruled out a SIM fault, so they reluctantly asked me about the problem and agreed to send out a new SIM. After testing the new SIM, the problems persist.


I contacted them today and they tried to fob me off by quoting the terms and conditions, saying 'return to the manufacturer'. Having read the terms and conditions prior to contacting them, I knew that what they were saying wasn't in the terms and conditions, so I challenged them and they said 'must be old terms and conditions then' and acknowledged that what they were saying wasn't in the current terms and conditions. Anyway, it's like talking to a brick wall. I just tried to call my phone from my landline and it says 'this person's phone is currently unavailable', even though I'm sat next to it and it's on and working.


They've given me a phone number for Microsoft's technical support. But I'd like to know my legal position before proceeding, as I'm aware that I don't have any legal relationship with Microsoft. Talkmobile are selling me a service which I'm not getting (or not getting most of the time). Surely it's for them to sort this out?

JJ_Egan

The service is the network not the WiFi .
If its the phone then i would try a factory reset first .
Your consumer rights are with the vendor .But the hows and whys depend on when you bought the phone .
But it would be silly not to contact the manufacturer as advised .

leitmotif

OK, I contacted the manufacturer on the number provided, but the number provided wasn't recognized. So I contacted Talkmobile again and they gave me a different number. This time I got through to a voice menu, and when I selected technical support for mobile devices, the automated voice announced that Microsoft doesn't provide technical support for mobile devices over the phone, only at microsoft.com/mobile. I've now exhausted all the options listed in the support questions, e.g. https://support.microsoft.com/en-gb/help/10280/lumia-troubleshooting-and-repair. I've even done a reset but it doesn't result in any WiFi networks being picked up. I guess now I have to contact Talkmobile and tell them I've exhausted the options with Microsoft, and they'll try and fob me off again. Any advice from anyone?

Jon_01

As JJ says above, your rights are with the vendor. If the phones under 12 months old they need to either repair or replace it.

IAmWales

Jon_01 wrote: »

As JJ says above, your rights are with the vendor. If the phones under 12 months old they need to either repair or replace it.

Not entirely correct. If the phone is under six months then the retailer must provide a remedy unless they can prove the phone is not inherently faulty. If the phone is more than six months then the consumer needs to demonstrate that the phone is inherently faulty before the retailer is obliged to offer a remedy (the retailer may have a less stringent policy, but this is over and above their statutory position).

leitmotif

The phone was sent at the start of my contract in December 2016. How would I go about proving that it's faulty? They've only got my word for it until I return it to them, but they said they won't accept a return as I have to go to the manufacturer.


I have put the technical issue to the Microsoft support community, but that's no better than a forum and I haven't had any answers yet.

pmduk

I suspect Talkmobile don't want to help because Microsoft phones are bu@@ers to deal with. But that's their issue. Keep at Talkmobile. Record a formal complaint about being fobbed off and make sure you get, and keep, the complaint number.

leitmotif

I don't think I have a choice but to complain. The Ask the Community part of Microsoft's website is not customer service. I'm at the mercy of volunteers, who may or may not know what they're doing. That simply isn't good enough.

leitmotif

Just spoke to Talkmobile again. They insist they're a network provider and not a phone provider. (Funny that, because when I took out the contract they provided me with a phone. By definition, that makes them a phone provider.) The agent was sarcastic, bordering on rude, and refused to escalate the matter to a team leader or senior manager as per the procedure on their website. In the end, when I suggested I would complain about the agent he agreed to refer the matter to a senior manager who will contact me within 48 hours to 'tell me exactly the same thing'. So it looks like my only option is to submit a formal complaint and wait 4-8 weeks without a working mobile phone (whilst still having to pay for the service) until they respond.


I can't be the only one who has been in this position. What have other people done when their phone has given up the ghost? And how did you get it resolved in the end?

pmduk

If you have a spare phone, put the SIM in there, your contract is for the provision of a connection to their network, not the phone to use. If Microsoft choose to repair the phone it won't be quick, they had no UK repair facilities last time I was aware, everything was sent to Eastern Europe, (Hungary IIRC) with approx a 4 week turnaround.

They won't be missed when the market is finally clear of them.

leitmotif

I can't find anyone else whose phone will take the nano SIM that my phone takes.


Incidentally, I called the ombudsman yesterday to see what their opinion was. They tentatively agreed that a party that provides a phone, even as a freebie within a package of other services, cannot reasonably deny being a 'phone provider', and tentatively agreed that if I am not able to reliably get the service I'm paying for using the equipment supplied, then Talkmobile should be taking reasonable steps (which could even be basic technical support) to remedy this. My case seems to be strong. The ombudsman has already started logging it as a complaint and encouraged me to pursue Talkmobile's formal complaints procedure so as to get a 'letter of deadlock' as soon as possible.