Faulty Mobile Phone - Provider not suspending my monthly fee while repair attempted

Col308

Hi all, my first post so please be kind!
I signed up to a new mobile contract in late December with one of the AO.Com mobile brands.  Just 5 weeks on (a couple of days after the initial 30 days since purchase!), the phone started playing up - switching on and off every 3 minutes.  Spent some time on the phone to the vendor, then Apple, and various things were tried to fix it without success.  Under Consumer Rights Act (which came as a surprise to the online vendor, whose representative had to read it as I was talking on the phone to him) I am aware after 30 days I cannot reject, so repair attempt first then replacement if that does not work is the correct remedy.  So I have agreed to send the phone off to the vendor to try to diagnose and repair the fault.  If it cannot be fixed, the vendor has undertaken to replace the handset.

This, in the current Covid environment, could take 3 to 4 weeks by the time I post it (at the vendors cost) etc.  During repair time I asked to be provided with a replacement handset, but this was refused.  I then asked if the vendor would credit me with the time I was unable to use the phone during the attempt to repair - it is on a pay monthly contract and I do not have another "spare" phone that I can put the sim card into.  So I am paying £50+ a month for a phone that I do not have and cannot use.  The vendor has refused. To me, there seems to be a breach of contract here, as I have a contract with the vendor to provide me with a phone and network access (unlimited calls, texts, data etc) and because of the supply of a phone which is not of satisfactory quality, I cannot now access that service until the phone is returned or replaced.  

Any views on what my rights are here and what I might do next?  I don't have a problem paying the bill now, waiting till I have a phone back then pursuing my losses in the small claims court.  Thanks in advance.

pinkshoes

How much of the £50+ a month is for the cost of the phone, and how much is the basic contract for data/calls etc...

Try and find a comparable monthly SIM only deal and ask for a deduction of that amount for a pro-rata amount of time you are without the phone. 

born_again

Col308 said:

Hi all, my first post so please be kind!
I signed up to a new mobile contract in late December with one of the AO.Com mobile brands.  Just 5 weeks on (a couple of days after the initial 30 days since purchase!), the phone started playing up - switching on and off every 3 minutes.  Spent some time on the phone to the vendor, then Apple, and various things were tried to fix it without success.  Under Consumer Rights Act (which came as a surprise to the online vendor, whose representative had to read it as I was talking on the phone to him) I am aware after 30 days I cannot reject, so repair attempt first then replacement if that does not work is the correct remedy.  So I have agreed to send the phone off to the vendor to try to diagnose and repair the fault.  If it cannot be fixed, the vendor has undertaken to replace the handset.

This, in the current Covid environment, could take 3 to 4 weeks by the time I post it (at the vendors cost) etc.  During repair time I asked to be provided with a replacement handset, but this was refused.  I then asked if the vendor would credit me with the time I was unable to use the phone during the attempt to repair - it is on a pay monthly contract and I do not have another "spare" phone that I can put the sim card into.  So I am paying £50+ a month for a phone that I do not have and cannot use.  The vendor has refused. To me, there seems to be a breach of contract here, as I have a contract with the vendor to provide me with a phone and network access (unlimited calls, texts, data etc) and because of the supply of a phone which is not of satisfactory quality, I cannot now access that service until the phone is returned or replaced.  

Any views on what my rights are here and what I might do next?  I don't have a problem paying the bill now, waiting till I have a phone back then pursuing my losses in the small claims court.  Thanks in advance.

Why so long?
Couriers & post still working....

Col308

Thanks for the replies. 

I still have the sim from the phone (that does not get sent away), it's having something to put it in that is the issue as I do not have any handset now and the sim is Apple specific.  The contract does not split the phone/line rental etc costs, its just a single figure.  To me, I have lost both the phone and network access because of the fault with the phone so it seems unreasonable to charge for the phone/line rental when I have neither. 

They are saying 3 - 4 weeks as the repair time itself is 7 to 10 working days (estimate, so that's really 2 weeks max. to repair).  To get the phone to them, they send a prepaid, insured box to send it in - that's really adding to the repair time.  This is day 3, no box has arrived yet, so even if it comes tomorrow it will be day 5 at the earliest before they have the phone.  I'm aware the Consumer Rights Act says the repair must be done in a "reasonable" timeframe, but that is not then further defined (though 14 days is used elsewhere in the Act)........ is 3 - 4 weeks a "reasonable" timescale? 

TadleyBaggie

SIMs are not manufacturer specific, current Apple devices use nano-SIM and so will the majority of modern phones.

mattyprice4004

The SIM isn't Apple specific - whoever told you this is wrong. Nano SIMs used in Apple products work in other phones; it's a standard size.
28 days is usually what people argue is reasonable - so 3-4 weeks will be spot on.
Unfortunately you have not lost network access - the SIM is there to use and this is why a lot of people have a 'spare' phone in a drawer just in case. Can't you borrow one from a friend / family member? My old iPhone 7 gets passed around a fair bit in similar circumstances

IvanOpinion

Ask round your mates, one of them will probably have an old phone lying about doing nothing.
I have about 8 of the little blighters including my first phone a Siemens A50, and a pink Sony flip phone (that one was the wife's))

JJ_Egan

OP check if you are paying for the phone or just the network in the contract .

Buy a cheap £15 phone as backup for your sim .

Col308

Thanks all for the comments \nd suggestions.  Just to update, I spoke to 3 today who are the network provider.  They have agreed to credit my bill for the time that the phone is away for repair and unusable.  Result!