Potential Breach of Contract

ItsComingRome

Shevchenko01 said:

That's not how it works, you're always limited by the speed of the slowest link.  That is always going to be your mobile connection, not your WiFi, as 5G can't operate fast enough to saturate a 2.4GHz connection.

Perhaps "6G" will be able to saturate a 2.4GHz connection if you're sat directly under the mast, but we're not there yet.

I can only comment on what I observed and what results I saw.  On 5GHz I consistently had better results.  But it's immaterial anyway, as I still am not being offered what I am paying for ... and that is the key issue.

Yes, you are.

You were sold an S21 on a contract that might be able to receive 5G and could be used as a hotspot.

You got an S21 on a contract capable of receiving 5G that could be used as a hotspot.

It's hardly the telcos fault that you don't understand that running a mobile phone, with a lithium battery, 24 hours a day, 7 days a week, might be a bad idea.

Shevchenko01

Yes, you are.

You were sold an S21 on a contract that might be able to receive 5G and could be used as a hotspot.

You got an S21 on a contract capable of receiving 5G that could be used as a hotspot.

It's hardly the telcos fault that you don't understand that running a mobile phone, with a lithium battery, 24 hours a day, 7 days a week, might be a bad idea.

No!

I was "sold an S21 on a contract that would be able to receive 5G when available, and could be used as a hotspot 24/7."  Because I asked if it would be suitable and was told yes!

I "got an S21 on a contract capable of receiving 5G that could be used as a hotspot but not 24/7."

The key fact is that I asked the adviser (that is what they are called - advisers, not sales staff) - an adviser in a regulated company (which means that they are required to give the best advice and to not advise at all if it falls outside their knowledge) if it would be acceptable to do x, y and z and that included if it would be OK to run a mobile phone, with a lithium battery, 24 hours a day, 7 days a week, might be a bad idea - and I was advised that it would be fine.  Had the advice been, "We don't recommend it!", or even, "We cannot advise on that!", then I would not have done it.

Although somewhat different, I will draw a comparison with dining at a restaurant - if I ask the waiter (not an adviser) if a certain food contains an allergen, and they say no, but it does, am I liable?  No - the restaurant is.

cx6

but you can use it as a hotspot 24/7 you have been doing so?

your gripe seems to be that the battery gets hot? 

the reduction in battery charge from 2 days to 1 day may be nothing to do with hotspot and battery life does decrease with age anyway

also why 24/7 - don't you sleep ?🙂

cx6

ps you could buy an external battery power pack to boost your battery when you are out should you need to.

Shevchenko01

cx6 said:

but you can use it as a hotspot 24/7 you have been doing so?

your gripe seems to be that the battery gets hot? 

the reduction in battery charge from 2 days to 1 day may be nothing to do with hotspot and battery life does decrease with age anyway

also why 24/7 - don't you sleep ?🙂

Thanks.  Well, the battery really does get hot, but only when being used as a Hot (literally) spot.  And if I use anything else, like WhatsApp, it becomes too hot to handle sometimes.

Almost all the advice I have had since investigating this (including that from the service provider) is not to do this ... pity they could not have advised me not to do it before I bought the phone ...

Do you turn off your broadband at night?  I don't know anyone who does.  And when I start working, I want to start immediately - I don't want to create the HS and wait for my devices to find it, etc.  Look, there is an element of "The point is...", here ... I was promised x, and now I believe that I am entitled to x, not x-1, whilst still paying for x. And all this was promised by their advisor (and they are called advisors, not sales personnel).

Shevchenko01

cx6 said:

ps you could buy an external battery power pack to boost your battery when you are out should you need to.

I already have a number of them but ... well, see my other reply!

k3lvc

Shevchenko01 said:

cx6 said:

but you can use it as a hotspot 24/7 you have been doing so?

your gripe seems to be that the battery gets hot? 

the reduction in battery charge from 2 days to 1 day may be nothing to do with hotspot and battery life does decrease with age anyway

also why 24/7 - don't you sleep ?🙂

Thanks.  Well, the battery really does get hot, but only when being used as a Hot (literally) spot.  And if I use anything else, like WhatsApp, it becomes too hot to handle sometimes.

Almost all the advice I have had since investigating this (including that from the service provider) is not to do this ... pity they could not have advised me not to do it before I bought the phone ...

Do you turn off your broadband at night?  I don't know anyone who does.  And when I start working, I want to start immediately - I don't want to create the HS and wait for my devices to find it, etc.  Look, there is an element of "The point is...", here ... I was promised x, and now I believe that I am entitled to x, not x-1, whilst still paying for x. And all this was promised by their advisor (and they are called advisors, not sales personnel).

The responses to your questions by their advisors (and I'm not sure why you have a bee in your bonnet that they're not 'Sales Personnel') would've been based on what is reasonable for a consumer. Given your unusual requirements (you can't even wait for something to boot up/connect in the morning while you make a coffee) surely a business contract with corresponding SLA's would've been much more appropriate for your needs ? This would've given you the comeback you seem so confident you're due (and the corresponding cost to go with it)

Shevchenko01

The responses to your questions by their advisors (and I'm not sure why you have a bee in your bonnet that they're not 'Sales Personnel') would've been based on what is reasonable for a consumer. Given your unusual requirements (you can't even wait for something to boot up/connect in the morning while you make a coffee) surely a business contract with corresponding SLA's would've been much more appropriate for your needs ? This would've given you the comeback you seem so confident you're due (and the corresponding cost to go with it)

The "bee in my bonnet" is what others have said re my "being given advice by a sales-person".

But again, I repeat, if I buy a product or service on the basis that it can (and will) do x, y ad z (as confirmed by the sales person or advisor), and I pay for that product or service, then I expect it to do x, y and z - no alteration.

It's a contract and they, in exchange for supplying me with a phone and unlimited data, calls, etc, expect me to pay them - each month and on time, which I do.  I, on the other hand, in return for that payment, expect them to provide me with both a plan and a handset that does exactly what was agreed to at the point of sale, be able to provide a hotspot to replace my broadband which is on 24/7.  It is perfectly reasonable.

victor2

Shevchenko01 said:

The responses to your questions by their advisors (and I'm not sure why you have a bee in your bonnet that they're not 'Sales Personnel') would've been based on what is reasonable for a consumer. Given your unusual requirements (you can't even wait for something to boot up/connect in the morning while you make a coffee) surely a business contract with corresponding SLA's would've been much more appropriate for your needs ? This would've given you the comeback you seem so confident you're due (and the corresponding cost to go with it)

The "bee in my bonnet" is what others have said re my "being given advice by a sales-person".

But again, I repeat, if I buy a product or service on the basis that it can (and will) do x, y ad z (as confirmed by the sales person or advisor), and I pay for that product or service, then I expect it to do x, y and z - no alteration.

It's a contract and they, in exchange for supplying me with a phone and unlimited data, calls, etc, expect me to pay them - each month and on time, which I do.  I, on the other hand, in return for that payment, expect them to provide me with both a plan and a handset that does exactly what was agreed to at the point of sale, be able to provide a hotspot to replace my broadband which is on 24/7.  It is perfectly reasonable.

I think you have a case, as must your supplier if they have offered you some sort of resolution, even if it's unacceptable.

If you can't settle on an arrangement that satisfies both sides, then maybe they'll just allow you to terminate the contract with no penalty.

Probably easier for you than trying to sue them somehow - they'll have much greater legal resources than you.

JSmithy45AD

So, no breach of contract then?