Where do I stand legally with 3 (long message)

RFU

My phone provider is 3 and has been for 6 month and have been happy with the service.....until now.

Just before christmas, my phone, a Nokia 6120 classic (excellent phone) met with an unfortunate accident and was beyond repair. I had no insurance, so phoned 3 to buy a replacement handset. I am on the talker plan with X series Silver as an extra on my price plan because I use Skype alot and email so this was a nessesity that the new phone was Skype compatible. I was advised that the Nokia 6120 was no longer available which would have been £50 and was advised that the Sony Ericsson K800i was THE phone to have for £89. I thought about it and phoned them back 30 mins later and ordered the K800i.

When the phone came, I opened the box and read the manual and read the terms and conditions. I then put in my sim card (from my old phone) as the phone did not work until it was inserted. None of the software that came as standard with the Nokia wasnt in the phone, so I went to find first of all Skype, only to get the message that Skype wasnt available for my phone. This was because the K800i is Java based. To work, the handset has to be either Symbian or Windows Mobile software.

I phoned 3 Customer Service and explained that I had been sold a product that did not meet my requirements on their advice after I specifically said " I wanted Skype" on the phone. Now, because I have inserted the sim into the phone to get it to work only to find it dosnt, they have refused to replace the handset with a compatible one. I went to my local 3 store again explaining the situation and even they said that they were incorrect and wrong in their decision, so she phoned them. To cut an already long story short, I am expecting a call on Monday with a decision from the call center manager. But here is where the kick in the side comes. I have now been told that the Nokia IS available and they are not too sure if they can refund the difference in price from £89 to £50. I have even asked for any compatible phone that cost £89 just to keep things simple. If they tell me that because I inserted the sim card they wont do anything, is there anything I can do? I might even reduce my plan to their lowest tarrif then end the contract.

Any suggestions welcome
Andy

diamonds

if manager does not suitably sort issue, ask for referal to Executive Office on complaint - thats protocol on complaints the India contact centre cant/wont resolve, & that came from the Exec Office themselves, contact centre wont tell you this

bringmeshoes

under the distance selling act you have either 7 or 14 days to return a purchase for any reason so legally they should either replace for different model or give full refund
also it may be worth speaking to a manager and asking them to listen to your call as you would have more of a case that the product was missold by one of their advisors

RFU

Thanks for the quick reply Diamonds. I will make sure I do this. Once ive asked for a referal, what happens next?

Andy

RFU

Its just this thing about inserting the sim invalidates any return in the T&C's, but seeing as most phones wont work until you insert the sim would be like saying once you have turned your new tv on your stuffed if its broken.

I can understand that clause if I was a new customer and had used the sim to make a call, but it was my old sim and im an existing customer. Not only that, the phone was a refurb and not brand new ( yes, this was pointed out tome at the timeof sale).

Andy

diamonds

exec office have a 48 hr working day turn around to get back to you - India should tell you this if they dont politely ask........if the 48 hrs pass call Ofcom ( wait 72 hrs for Exec office ) tell them you have followed compalints procedure to the max, they give you a Ofcom reference number, call 01628765000 Exec Office with that reference number to hand & reception will put you through, VIOLA ! speak to a human in Glasgow

RFU

Wow. Nice information. Will keep you updated on what happens.

Andy

RFU

A MASSIVE thankyou to Diamonds or all the help.

It took a while, but when I followed your advice, I am now expecting a Nokia E65 tomorrow. If they got it right in the first place, I wouldnt be here. It is a shame that the level of customer services I have experienced from the upper chain of command at these call centres does not extend to the foot soilders who take bullets to stop you getting any further because they think that you wont do anything about it. It's these foot soilders that give companies a bad name by saying" you have inserted the sim into the phone, so you cant exchange it, tuff", Trouble is (and I was going blue in the face saying this) "The bloody phone wont work without the sim in, so how do I know if it works"

Stupid T&C's like this give companies a bad name and their first line customer services convince you that your first impressions were right.

Regards
Andy

diamonds

your welome, glad its sorted for you now