Faulty mobile phone

lotty41

Can someone please advise me.  2yr phone contract, phone developed a faulty in less than 6 months,  sent of for repair, 3 parts replaced. Week later same fault occurs. I requested a new phone but was denied & was offered another repair which I declined. What are my rights? I feel like stopping payment for the contract. Cant use phone anymore because it won't charge because of the fault. Any advise welcome. Thanks 

DoaM

Check the specifics of your contract ... is the phone itemised and you are specifically paying towards it, or do you get the phone "free" as part of your mobile contract?

In a normal consumer contract, if the goods fail to conform to contract (after 30 days but before 6 months) then the goods are assumed to be inherently faulty and the seller must provide a remedy - repair, replace or refund. If the seller provides a repair or replacement and the goods yet again fail to conform to contract then the consumer can exercise their Final Right To Reject per the Consumer Rights Act 2015 for a refund. (Up to 6 months and the refund is in full - after 6 months then the seller can start to reduce the amount of refund to account for time of ownership).

Hence why I said to check your contract carefully.

lotty41

Thanks for your reply, I have never seen or been sent a contract. I believe I am paying towards the phone because I was originally paying just £5 for sim only then I upgraded to £30 pm for phone. Id mobile told me as the phone didnt have a fault within 30days I am not entitled to a replacement,

DoaM

ID mobile are talking pish. Section 24 (5)(a) covers what I explained

https://www.legislation.gov.uk/ukpga/2015/15/part/1/chapter/2/crossheading/what-remedies-are-there-if-statutory-rights-under-a-goods-contract-are-not-met/enacted

The 30 days ID are talking about is for the Short Term Right To Reject.