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LoriH

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marliepanda

There is nothing wrong with them offering a refurbished handset. They are replacing your second hand phone with a second hand phone.

Browntoa

A 2nd hand phone is adequate replacement

DevCoder

Original post in case it helps others searching

Hi,

I need some advice regarding my mobile phone and my consumer rights.

In January 2017 via contract with EE I took out an IPhone 7. I had no issues with the handset until two weeks ago when, after attempting to undertake the latest IOS software update, the phone went into recovery mode and crashed - the phone now doesn't even turn on! . After speaking at great length with Apple and taking the phone into an Apple Store it was confirmed that the handset was faulty due to an inherent hardware faulty and not as a result of anything I had done.

I contacted EE who were initially brilliant ( due to medical issues they agreed to collect the phone and have their repair centre investigate my concerns even though under the CRA the responsibility to investigate fall to myself). Unfortunately this is where their assistance ended - I received an email from the EE repair department confirming there was a fault with my phone and it would cost me £270 as I was out with my warranty. The email was evasive and didn't outline what investigates were undertaken or what the outcome of their findings were. After speaking with them on the phone the repair agent reiterated the fault was a hardware issue and the phone was unrepairable however he claimed that my ONLY option was to pay £270. When I started to probe about the situation and mentioned to the agent the CRA he thanked me for mentioning the CRA that I now didn't need to pay £270 and a claim would be submitted for me to get a free replacement. Instantly alarm bells were ringing as, if I didn't know about the CRA they would have happily taken a substantial amount of money from me.

The next day they tell me I am in fact eligible for a replacement but they will be sending me a refurbished phone. When I queried why I was being given second hand goods the repair centre refused to assist me and insisted I had to contact the main EE number. Since speaking with customer service they have gone from telling me the repair centre is nothing to do with them and they cannot take responsibility for the fact my consumer rights were not explained or why I was asked to pay for something which is not my fault. They have said I am to deal directly with the repair centre and escalate my concerns via them, then I was advised just to accept the 2nd hand item and if I didn't they would send me a letter of deadlock for me to go to the ombudsman. Finally they have offered to cancel my contract and set me up as a new customer to get me a brand new handset.

I am totally confused as to what is the best and indeed right option in line with my rights. Surely if EE send my handset to their chosen repairer, as I am EE's customer, they have an obligation to ensure I am treated fairly and should have the necessary recourse with the repairer if this is not the case? Also is it unreasonable to ask, as the phone has now been deemed unfit for purpose and not of satisfactory quality, that a brand new device be offered?

Any assistance would be great fully appreciated!

DCFC79

OP why remove the post ?

Anyway you have been offered a replacememt phone albeit a refurb which puts you in the same position before the phone died as at that point the phone wasn't new was it.

EE have done things by the book.

bris

Answers are not what he/she wanted to hear. Some people just can't handle the truth.

mattyprice4004

Another selfish poster. Who gives a toss if it helps someone else in future, eh? Let's delete it anyway!

Me me me.