3 contract broken? Consumer rights?

paulgrover

Consumer advice please.

My initial trouble-free 18 month contract with 3 recently ended and I agreed a new (different) contract with a new handset. [I was perfectly happy with the previous handset until it was waterlogged by our toddler].
The new handset is playing up and I would like a replacement but 3 are refusing saying their policy is repair only (unless repair not successful).
I have explained that I feel that 3 have provided me with faulty goods and that they have a duty to replace the handset with one that works and that I am unable to access the services agreed because of the faulty handset.
I have threatened to cancel the contract only to be countered with the threat of a cancellation charge equivalent to balance of contract.
Relevant dates are:
old contract ends/new contract starts 10 Jan 2008
upgrade agreed/received 5 Dec 2007

Can I cancel the contract without penalty?

GunJack

Don't think so...

However, is your old handset dried out and useable for around a week ?? Do you have a 3 shop near you?? If yes to both, use the SIM in the old phone, arrange to drop the new one at the 3 store to go for repair and around a week later it should be ready for pick-up or delivery back to you. You may need to report it faulty via 333. Alternatively, contact the phone manufacturer, who may tell you to get it to a CPW repair shop or other of their local warranty repairers

kai666

had similar problems with vodafone, my phone has just gone back for the 2nd time in 2 weeks. I want a different phone. They won't give me one. they Have been more generous than i expected in compensating me, so I not complaining too much at the moment. But if it goes back a third time i really won't be happy!

You will have no chance of cancelling it, as they are offering to repair the phone, but It's really annoying not having a working phone. I ranted away at vodafone staff last weekend about it, and still ranting to myself. Especially as the pone came back worse than when it went in!

paulgrover

Thanks kai 'n' gunjack, sounds like we're being handcuffed by the mobile phone companies. (Was just wondering what Sky do if their receiver is faulty - replace or repair - it's a similar relationship with their customers.)
Anyway, have been into CPW today for a 'software flash' which made matters worse (sounding familiar?) so have now arranged for handset to be returned for repair. As my original handset is still not working 3offered me a temporary replacement for the 3 working days it should take to repair - for £35!!!
Got to go now, blood boiling!!!

alnsv1000s

Thats the service you receive when going direct.

I always keep a stock of loan phones. If a phone goes away for repair.

The usual policy is a replacement if faulty within 28 days and a repair thereafter. Usually a phone has to be repaired 3 times for replacement to be issued and then it is normally a refurb.

bringmeshoes

if your handset is faulty within 28 days of purchase/upgrade then they should issue you with a brand new handset, if it is faulty after 28 days then they can send it away for repair. sounds like they need to send you a new handset, i would keep on at them until they get you one

deano72_2

i just had problem with 3,got a new hanset on 2,01/08 week later had problem with it,they said they would have to send it away for repair & i would recieve it back if fixed,i said noway i want new handset,they saud our cant do it our policy is to repair,i saud nope i know my consumr rites (which i dont),he went made fone call come back said ok i was rite & gave me new handset,went away the same & problem happened on the same day,so after havin a new sim deliverd & problem still consits & after speaking to 3 for 5th time they said i gota send the new handset back (even tho i went into 3 local store they said lots of people exsperiancing this fault)so iv gota to take back 2nd new handset ....