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

treadstone66

Thanks mobilejunkie, I've done some research, I've asked myself some questions and now I'm posting to see if anyone on this forum has anything they can add

So, just to clarify, you are saying I would be unlikely to be able to claim on any item within the end of the warranty and up to the 6 year period, especially a mobile, because it is difficult (impossible?) to prove it wasn't through misuse?

treadstone66

...ok

So after spending £1352 on a flagship phone that fails 6 months after the warranty, I have no real rights and should expect nothing. Wow.

(I'm not blaming you guys btw! You have the experience which is why I'm asking...I'd rather know the straight truth! )

mobilejunkie

You would need expert reports and still persuade an impartial judge that it was reasonable to expect a mobile phone to last longer than two years. That might prove expensive and if I go to court I only do it when I am virtually guaranteed to win. I'd take some persuasion that would apply in such a case, especially with a mobile phone. I'd first want to check out exactly what the law relating to products outside the warranty period within 6 years of purchase. To do that I would research as above - but I would need an awful lot of convincing.

Should I be partially convinced that I had a small chance I would put my claim in writing and (if that didn't work) send a carefully constructed Letter Before Legal Proceedings. That would cost the price of a stamp and the paper and envelope and ink. If that didn't work I would be unlikely to actually commence legal procedings in such a case unless I had researched properly rather than jumping on any advice on here to do so. Much of the advice on here is from wishful thinkers and those with limited understanding of what they are talking about. I always take control myself and so try to be objective - and unless I found something in the legal position which convinced me otherwise I wouldn't go further than the LBA. Sometimes companies will resolve an issue rather than face the costs of going to court or the adverse publicity (which in this case wouldn't have impact), but that's less likely if they think the odds are in their favour.

Your last post sums up my starting point. I wouldn't personally expect (only hope) that any mobile phone would last that long and so would be most unlikely to spend anything like that on one. If money didn't matter to me I might - but would go in with my eyes open.

ballyblack

as aside I note some mobile compaies are offering a 36 month contract.

Would the Poster be covered for faults for the full 3 years?


.

mobilejunkie

I doubt it. Some may argue otherwise, but the contract is for the airtime and not the phone. Your statement is also based on another inaccuracy. Only business contracts nowadays offer 36 month contracts unless I'm missing something. 36 month consumer contracts were bannes about 2-3 years ago.

ballyblack

36 month consumer contracts were banned about 2-3 years ago

Tesco mobile is offering 36 month contracts(non business)

https://www.tescomobile.com/

an example
Samsung Galaxy S8
64GB
Midnight black
36 months

£18.99 per month
2GB data, 5000 minutes, 5000 texts
£12.00 per month

treadstone66

"You would need expert reports and still persuade an impartial judge that it was reasonable to expect a mobile phone to last longer than two years."

Thanks mobilejunkie, it seems from everything you have said that this is indeed a fait accompli...This is apparently because no one in the UK has ever established a legal precedent that a £1300 mobile phone should last longer than 2 years.

I wonder why mobile phones seem to be exempt from higher expectation? Every other expensive electrical item I can think of (laptops, consoles) seem to fit the 6 year rule.

mobilejunkie

Winning in the small claims court wouldn't set a precedent. I would establish how specific and clear the "6 year rule" is.

mobilejunkie

ballyblack wrote: »

Tesco mobile is offering 36 month contracts(non business)

https://www.tescomobile.com/

an example
Samsung Galaxy S8
64GB
Midnight black
36 months

£18.99 per month
2GB data, 5000 minutes, 5000 texts
£12.00 per month

Interesting. Though it is actually a "flexicontract" where you are buying the phone separately as far as I can see. It's not a straight airtime contract with a "free" phone. Maybe they have found a way round it. It also mentions that the phone element is paid off part way through, so I'd look very closely at the t&c as far as the warranty on that is concerned.

pmduk

treadstone66 wrote: »

So after spending £1352 on a flagship phone that fails 6 months after the warranty, I have no real rights and should expect nothing. Wow.

You spent £1352 on a contract for accessing a mobile phone service, which included a handset. How much of that went toward the phone is a moot point.

You could try Vodafone's complaints procedure and also try complaining to Sony, though I wouldn't hold out much hope. Just ensure you don't buy Sony again.