Rights after expiry of 24 month contract on ‘flagship’ Sony Xperia

treadstone66

Hi All,

I wanted a quality phone with a large screen that would last beyond the contract so I could go on sim only deal for a while rather than jumping straight onto another contract in order to save some money.

As it stands, this ‘flagship’ phone has only lasted 5 months beyond the contract period, becoming unusable and potentially dangerous. (The screen on my first handset on this contract lifted away from the main body of the phone through overheating, so much so that internal components were visible).

I paid £52 per month (the higher bracket for a contract back in 2015) for the Xperia Z3 for 24 months (plus 2 further months to see out my previous contract) which is £1248 (November 2015 to January 2018, £1352 in total). I am a ‘moderate’ user, no gaming, 1-3 GB max per month of internet usage. I rarely used my 1000 minutes, preferring to use my wife’s phone instead as my handset just got too hot for longer calls.

The phone had to be repaired twice during the contract and replaced once. (The replacement came just outside of the 24 month after the contract period but while I was still paying £52 per month to see out the end if my previous contract). This was for issues with the screen with the Z3 (referenced as screen burn with overheating elsewhere on the internet causing it to be too hot to usable or feel safe, especially with phone calls (!) lasting more than a couple of minutes, apparently a common fault on the z3 ).

I went into the store yesterday where I originally got the contract to show that the issue had recurred and to ask if it could be replaced or mended without charge given that the damage was not through misuse but a continuing fault with the range. (At this point, I would take a replacement/repair knowing again it would probably only last a few months but I would feel that I would have at least had some reasonable value out of the phone / contract and simply never buy an Xperia again!)

I was offered a 10% discount on a new contract for another Xperia (!) and was told neither the sales staff nor the manager (apparently unavailable to speak when I was in store) would be ‘permitted’ to offer anything beyond a 10% discount on a similar phone. I was given the recourse of contacting Vodafone complaints which I have done and am waiting for their response.

I would like to know if I am entitled to anything and which rights I should quote?

Am I entitled to feel that the phone should have lasted longer than it has?

Thanks for any replies in advance

mobilejunkie

There's no law against dreaming.

treadstone66

As clear cut as that?

mobilejunkie

Unless the replacement phone came with a new guarantee, yes. That's the only possible comeback - all the rest is irrelevant.

treadstone66

thanks for your replies,

is that just on phones or on all expensive electrical items?

mobilejunkie

There is some possibilty of making a legal claim for up to 6 years, I believe, based on the durability of the product. However, that is not something I'd hold much hope out with and I am always prepared and used to making claims in the small claims court. I wouldn't rely on the advice on here in that situation. If you have any free legal help services on any of your home insurances there's no harm in giving them a call, but I wouldn't waste my time with anyone else.

treadstone66

Thanks mobilejunkie,

Is there any reason phones would seem to be exempt in terms of claiming up to 6 years?

My fridge cost way less than my phone (£800) and I would expect to be able to make some sort of claim if that failed within a few years of buying it new.

mobilejunkie

Not that I'm aware of.

A simple google search has various places you can check, such as:-

https://www.citizensadvice.org.uk/consumer/somethings-gone-wrong-with-a-purchase/claim-using-a-warranty-or-guarantee/

I am extremely sceptical about being able to prove something is inherently more than wear or tear after the warranty period for up to 6 years in total; especially with something as susceptible to damage as a mobile phone. Do some research and ask the question, but I think you'd be on a loser.

treadstone66

I suppose I'm posting to trace the logic of what I am or am not entitled to and why...I hope someone can explain!

ps the replacement did not come with a new guarantee.

mobilejunkie

The logic is that things don't last forever. In the past there was usually only a one year warranty on phones, though nowadays it is usually two years. Surely you don't expect something to work forever - especially nowadays. I have phones which are ten years old and work perfectly wel - but if they packed up after a couple of years I'd write them off as having done their job, disappointing though that might be.

unforeseen

As this is a replacement phone you would struggle to claim