Mobile phone unfit for purpose

Just a general query, I am just over halfway through a 2 year contract with O2 by way of carphone warehouse for Huawei p9. However my phone hasn't received any form of update for over a year and the last security patch was September 2016. Under the Consumer rights act etc does this class my phone as being unfit for purpose, with all the malicious hardware and software exploits floating around I would have thought it would. I am in the process of complaining to o2, Huawei etc.
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Comments

  • Under the Consumer rights act etc does this class my phone as being unfit for purpose
    Very much doubt it. You can, I believe, install security software if you wish.
  • Doe's it still perform all the functions it did when you purchased it?
  • ak3lly wrote: »
    Just a general query, I am just over halfway through a 2 year contract with O2 by way of carphone warehouse for Huawei p9. However my phone hasn't received any form of update for over a year and the last security patch was September 2016. Under the Consumer rights act etc does this class my phone as being unfit for purpose, with all the malicious hardware and software exploits floating around I would have thought it would. I am in the process of complaining to o2, Huawei etc.
    Roughly translated:
    Just a general query, I am just over halfway through a 2 year contract with 02 by way of carphone warehouse for Huwai p9 and I now fancy getting rid of this phone and getting a free upgrade or a full refund.
    Although I have had no security issues or other problems with this phone, can I use the lack of updates as an excuse for claiming that my phone is no longer fit for purpose and therefore reject it and get something more modern and up to date at no cost to myself?
  • Diamandis
    Diamandis Posts: 881 Forumite
    Sixth Anniversary 500 Posts Name Dropper
    ak3lly wrote: »
    Under the Consumer rights act etc does this class my phone as being unfit for purpose.

    Not even a little bit.
  • Unless your contract specifically states that you can expect regular software updates (doubtful) or else the phone was advertised by the retailer as having regular software updates (again, doubtful), then you are simply making a very large assumption. The retailer, the network provider and the manufacturer appear to have done nothing wrong.
  • It would only POTENTIALLY be unfit for purpose if it was physically unable to receive a software update (and it wasn't a hacked device etc).

    If you are arguing that the lack of updates constitutes a problem then jog on. I say that because if you were successful in claiming this, you'd also drive up the number of updates (often unnecessary just to placate people like you) and data usage in general. This could potentially drive up overall costs for other consumers and stretch the networks (like 4G) much more = a worse service than what we have now.
  • Lack of updates is very common for Android phones, especially towards or after the end of a products availability as the developers start working on the replacement handset. Some never get updates at all, and you are stuck with whatever it came with. The P9 supports Android 7, but you will be relying on your carrier to release the update (if they ever do) unless the phone is unlocked from new.

    That does not mean however they become unfit for purpose, your phone can still make and receive calls and also download apps from the Google Play store just as before.
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    edited 22 October 2017 at 7:25PM
    https://forum.xda-developers.com/huawei-p9lite/how-to/how-to-b388-nougat-maybe-b381-guide-t3612072

    Follow that guide. I've got a P9 Lite on giffgaff (virtual network on O2) and it was still on firmware B131. I used that guide and I'm now on B371 (Android Nougat with EMUI 5.0). I could go further but B371 allows Android Auto to work properly so I'm happy with it at that release.

    PS - my phone is unlocked anyway but was not receiving OTA updates. (B371 came via OTA after I'd upgraded as far as B335).
  • The-Truth
    The-Truth Posts: 483 Forumite
    ak3lly wrote: »
    Just a general query, I am just over halfway through a 2 year contract with O2 by way of carphone warehouse for Huawei p9. However my phone hasn't received any form of update for over a year and the last security patch was September 2016. Under the Consumer rights act etc does this class my phone as being unfit for purpose, with all the malicious hardware and software exploits floating around I would have thought it would. I am in the process of complaining to o2, Huawei etc.

    What are you on about? You don't need any updates!

    Your phone runs on Android, the apps update themselves.

    You sound like you're fishing for compensation you're not due!
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    OP is talking about Android updates not app updates. See post #9.
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