Mobile Phone Update - Right of Recourse

dalek_karn

Fosterdog wrote: »

Is the phone actually still automatically updating itself or is it just nagging you to update? If it's just nagging you but not actually updating then I can't see how the auto update software is faulty, turning it off just means it will no longer update itself, it doesn't mean that it won't encourage you to update manually.

I think you're also a bit confused about what the supplier/manufacturer would actually be responsible for, you used the example of unknowingly downloading something malicious, this almost certainly would not be their responsibility.

That's what I'd have thought. The consumer must exercise some duty of care here.

Which has a different take on this. Apparently I'm not allowed to post links, however a Google search for "My mobile phone is faulty, what can I do? - Which.co.uk" will bring up the page. See the blue box on that page about updates.

dalek_karn

powerful_Rogue wrote: »

So did you only turn the option to No after you noticed an update downloading?

Originally, yes.

Maybe it needs to be turned on before it detects and commences the download - by which time it is "too late".

Which is why I reset it (see post above).

The setting is simply ignored.

powerful_Rogue

dalek_karn wrote: »

Originally, yes.

Maybe it needs to be turned on before it detects and commences the download - by which time it is "too late".

Which is why I reset it (see post above).

The setting is simply ignored.

Personally I would just go with the update. Which phone you talking about?


Failing that, remove sim card and disable wifi. Factory reset. Turn setting to No. Insert sim card and connect to Wifi.

dalek_karn

powerful_Rogue wrote: »

Personally I would just go with the update. Which phone you talking about?


Failing that, remove sim card and disable wifi. Factory reset. Turn setting to No. Insert sim card and connect to Wifi.

See post above Tried exactly that. The setting is simply not respected. It's all good right up until you allow it to connect to the internet again.

It's a Samsung Galaxy S8.

Installing the update is indeed an option. However I want to guarantee that I can be put back in the position I was in originally if it causes any (serious) problems (reduced battery life, bugs) and to confirm that EE will be obliged to repair or replace it with that phone or another of my choice up the the same value.

Knowing, of course, that EE won't be able to put it back to the previous operating system - only Samsung could do that. So we'd be talking about a refund or replacement with something else.

Given my disastrous history with Apple phones and their endless buggy updates which I thought I had escaped, I am perhaps understandly reluctant to find myself back in that same position.

powerful_Rogue

dalek_karn wrote: »

See post above Tried exactly that. The setting is simply not respected. It's all good right up until you allow it to connect to the internet again.

It's a Samsung Galaxy S8.

Installing the update is indeed an option. However I want to guarantee that I can be put back in the position I was in originally if it causes any (serious) problems (reduced battery life, bugs) and to confirm that EE will be obliged to repair or replace it with that phone or another of my choice up the the same value.

Knowing, of course, that EE won't be able to put it back to the previous operating system - only Samsung could do that. So we'd be talking about a refund or replacement with something else.

Given my disastrous history with Apple phones and their endless buggy updates which I thought I had escaped, I am perhaps understandly reluctant to find myself back in that same position.

I think you'll be fighting a losing battle. Not because you are wrong, but simply because it will take up so much of your time trying to exercise these rights and the initial outlay of money it will cost you.


I've had S2,S3,S7,S8 and now on S9. I always update and have never had any issues. If anything, battery life tends to improve as things are fine tuned.

dalek_karn

powerful_Rogue wrote: »

I think you'll be fighting a losing battle. Not because you are wrong, but simply because it will take up so much of your time trying to exercise these rights and the initial outlay of money it will cost you.


I've had S2,S3,S7,S8 and now on S9. I always update and have never had any issues. If anything, battery life tends to improve as things are fine tuned.

I "know where you're coming from"

It's certainly true to say that being a software developer I have a very limited tolerance of bugs in released software. My time with Apple phones has not helped here. Every update would break something while largely providing nothing new of any significance. They just weren't tested. There is literally no excuse.

Android may be much better and my concerns may not come to pass.

However this phone is still quite new and I was perfectly happy with it until this started happening. The first flawless phone I've had in years. (OK, there is one reproducible bug related to the icons on the bottom of the home screen that I can find but it's trivial).

If the phone made me aware of the available update, clearly explained what the changes are, and prominently warned of the risks of any update - and I went ahead and chose to install it, then I think that's my fault and problem.

EE should then be able to say "It worked when we sold it to you and this is not our responsibility". That position seems reasonable.

That is not however what is happening. I am not prepared to have another phone, which worked flawlessly, "break itself" and simply sigh and think "Oh well. I got a few months use out of it", or "I'll just have to put up with it, it was really good once".

Reported problems with Oreo include dropped calls (rare), dropping WiFi (rare) and poorer battery life (common), and the loss of certain inbuilt phone functionality. Reported benefits are practically nil.

So on that basis, provided I can be assured that EE are responsible for "making good" any problems - to my satisfaction - then I shall probably have to take the risk knowing that while hardly convenient, I have right of recourse.

If I have no right of recourse I'll have to live with the nag messages for as long as I own the phone. Which won't be very long.

JJ_Egan

<Knowing, of course, that EE won't be able to put it back to the previous operating system -


Any reasonable service tech can restore firmware as can any user with a bit of reading .

dalek_karn

The phone has now gone ahead and downloaded the update without my permission. All the relevant settings are set correctly - "Download updates automatically" = No, "Auto Update System" = No.

It is now beginning to nag anew about installing the update it should not have downloaded.

Samsung have already offered to repair it. Though it's clear from their emails that they don't really understand the issue.

The quandary I have now is:

Do I send it back to EE, or Samsung to have it repaired?

I am inclined to return it to EE and leave them to fix it.

If I send it back to Samsung, at their invitation, does that compromise my right of recourse with EE - the phone is demonstrably faulty out-of-the-box and they're the party accountable for making good (repairing the software).

I then further assume that EE cannot repair the phone, only Samsung can, and that I may have to exchange it for something else or take a refund which may be the best option.

powerful_Rogue

They will simpy wipe the phone and install the lastest software.

Fosterdog

Have you actually considered that the update they are trying to push on you is an update to specifically fix the issue you are having?

You seem so set on not having updates because they can cause bugs that you are forgetting that your phone already has a bug that will never be fixed without an update of some sort as it is certainly a software update rather than hardware.