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Urgent advice T-Mobile problems

the_devil_made_me_do_it
Posts: 5,567 Forumite
in Mobiles
My OH had been with T-Mobile for a period of 18 months. He renewed his contract via a telephone call in October. He requested an upgrade handset which was an LG Shine. Within days the phone developed a fault within the screen. He contacted T-Mobile who advised him to switch the phone on and off and this should rectify the problem. It did appear to do so, for a very short period of time. The screen ended up going black, so it became un-useable.
T-Mobile advised him to return it to them (via a pre-paid envelope sent out by T-Mobile). Within a week my OH received an invoice from T-Mobile for £58 for the repair (if he agreed for it to go ahead).
My OH telephoned T-Mobile and basically has received no joy from them after many telephone calls and being passed from one person to another.
I found a clause on the CAB website which states:
Ending a contract
You cannot return your phone or cancel the contract, just because you have changed your mind or found a cheaper deal, unless your contract allows you to do this. Check to see if your contract gives you a right to cancel. If it does, the mobile phone company may charge you to do this – details should be in your contract. However, there may be other circumstances in which you can cancel your contract free of charge: for example, if you have paid by credit, signed the contract in your own home, or ordered the service by post, phone or over the internet.
Please take note of the part which specifies circumstances were contracts can be cancelled free of charge. My OH's intial contract was made via the internet, second contract made over the telephone.
All he has asked is for a replacement. T-Mobile have been very unreasonable in resolving the matter and do not want to accept liability or responsibilty. However, they did offer him a settlement of £20 towards the cost of the repair.. isn't that accepting liability?? Shouldn't they be replacing the phone? Please help
T-Mobile advised him to return it to them (via a pre-paid envelope sent out by T-Mobile). Within a week my OH received an invoice from T-Mobile for £58 for the repair (if he agreed for it to go ahead).
My OH telephoned T-Mobile and basically has received no joy from them after many telephone calls and being passed from one person to another.
I found a clause on the CAB website which states:
Ending a contract
You cannot return your phone or cancel the contract, just because you have changed your mind or found a cheaper deal, unless your contract allows you to do this. Check to see if your contract gives you a right to cancel. If it does, the mobile phone company may charge you to do this – details should be in your contract. However, there may be other circumstances in which you can cancel your contract free of charge: for example, if you have paid by credit, signed the contract in your own home, or ordered the service by post, phone or over the internet.
Please take note of the part which specifies circumstances were contracts can be cancelled free of charge. My OH's intial contract was made via the internet, second contract made over the telephone.
All he has asked is for a replacement. T-Mobile have been very unreasonable in resolving the matter and do not want to accept liability or responsibilty. However, they did offer him a settlement of £20 towards the cost of the repair.. isn't that accepting liability?? Shouldn't they be replacing the phone? Please help

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Comments
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I took my sons phone which is in my name into the T mobile shop and they replaced it there and then and it was only three days to go before the normal 12 month guarantee was due to run out.
If I was in your position I would go to the shop and insist it was replaced.0 -
I took my sons phone which is in my name into the T mobile shop and they replaced it there and then and it was only three days to go before the normal 12 month guarantee was due to run out.
If I was in your position I would go to the shop and insist it was replaced.
unless of course the Repair Centre that T-Mobile have sent the phone to have found some form of user damage (liquid ingress, evidence of dropping) and then the phone won't be replaced or even repaired without payment.
The OP hasn't given a great deal of info, when they asked for the payment, what else did they say?
T-Mobile are pretty good with warranty repairs, for them to be asking for payment means there is probably a little more to the story...====0 -
unless of course the Repair Centre that T-Mobile have sent the phone to have found some form of user damage (liquid ingress, evidence of dropping) and then the phone won't be replaced or even repaired without payment.
The OP hasn't given a great deal of info, when they asked for the payment, what else did they say?
T-Mobile are pretty good with warranty repairs, for them to be asking for payment means there is probably a little more to the story...
I recently had a customer with a Samsung D900i that he had for just over a month and now had no screen display at all. No evidence of drop damage or screen cracks so offered to supply a loan phone whilst I sent his phone to Samsung.
He wouldn't have none of it and was demanding a replacement or cancellation of his contract.
I said that we have to assertain the cause of the failure before anything else could be done. I stuck to my guns and sent it to Samsung. A week later I received a letter from them saying "liquid Ingress" Beyond economical repair.
I called the customer and he suddenly remembered that the day before the fault he was caught outside in heavy rain and got drenched through with his phone in his pocket.
There are consumer laws but the retailer also has the right to inspect the goods before taking action.
Plus the people that kick up the biggest fuss invariably have something to hide.0 -
It the fault is 'genuine', i.e. not caused by you, then you have a number of legal rights under the 'Sale of Goods Act 1979'. A quick look on Google should give you all the details.
Simply, all you need to do is write to T-Mobile saying that the goods are faulty and request a replacement/refund (YOUR choice!) under the provisions of the SGA giving them 14days notice. If they do nothing or make any excuses then submit your claim via http://www.moneyclaim.gov.uk/
Remember that if you have to claim (which I suspect you will not) then add in the cost of the whole contract! so that when you win you can terminate the contract and T-mobile will have to pay for the lot!
T-Mobile will back down but remember to ask for the unused months back before settling your claim.
All companies SHOULD know the law (its been around for over 25 years!) so don't be fobbed off! However, they also know that most people don't!0 -
alnsv1000s wrote: »
Plus the people that kick up the biggest fuss invariably have something to hide.
what !!!!!!!! !
your the reason I buy direct & online from the network...better deals, non commission driven website, & better customer care when you need it...ie Retail & Direct fighting it out while the poor PAYING customer is stuffed inbetween
a) a commission driven sales assistant who wants to save the stores/own budget
b) Retail
c) Direct
d) paying for a service they cant use
I kicked up the biggest fuss, T -mobile, CPW & Samsung, 3 companies 1 faulty new handset & all 3 companies used the same repair centre - I could not get a 2nd opinion on the fault from a authorised repair centre as all 3 used the same one !!! - even the T-mobile store told T-mobile DIRECT the fault was not " water damage " it was a connection issue with the charger connections & laying it a certain awkward way it charged no problem, using the stores own charger they signalled the fault was the connection on the phone not a faulty charger....which defected the purpose of the supplied desktop charger ! T-mobile & CPW bascically no-one would help I got stuck in contract and I had to foot a £300 bill for the same phone SIM FREE, 5 yrs later still in drawer still got same fault............SO... now England its the Scots turn to say dont leave the UK, stay in Europe with us in the UK, dont let the tories fool you like they did us with empty lies... You will be leaving the UK aswell as Europe0 -
You say that an Independant retailer is why you will go online and direct to the network, but the TMobile store could not even get TMobile direct to help you. How is that better customer service?
I loan my customers a phone whilst there's is sent to the manufacturers authorised repair centre. I also have invested in software flashing equipment as a lot of faults are software related and I can put in newer unbranded software into the phone in about 30 minutes saving the customer being without thier phone for a couple of weeks whilst it waits in the queue at K & N or the other service centres.
If I can I will also open the phone in front of the customer to check if I can repair it myself there and then and also to check for water damage.
I do not advertise but work on recomendation and I still have many customers including corporates who I have looked after for over 15 years.
But you do get the odd occassion where clearly the customer has damaged the phone by whatever means and this invalidates the warranty.
If it is a genuine mistake I will supply my customer with a new phone at cost for the best price I can get it wether pays or sim free. If they are pulling the wall over my eyes and telling fibs they won't get as much help as I will not get refunded for a dropped or water damaged phone.
I also get many people people like yourself who buy direct come into my shop wanting me to set thier newly delivered phone up for them and copy info from the old phone to the new one.
Now they want some service that they don't get direct.0 -
alnsv1000s wrote: »If I can I will also open the phone in front of the customer to check if I can repair it myself there and then and also to check for water damage.
Probably not the best course of action, unless you are an authorised service centre for the manufacturer, the moment you open the phone (actually the moment you remove the screws) you invalidate the customer's warranty.
At that stage any phone sent away has a very good chance of being refused warranty repairs on the handset.====0 -
I have never had a problem before and will not open a phone that has seals or tamper screws.
The service time from manufacturers repair centres is appalling and can often take 4 days from receipt for them to just book the phone in. Then it's with the engineers for 3 days and then a week to get it back, if your lucky.
Manufacturers have a lot to answer for.0
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