Faulty Mobile phone - what are my rights?

falcon21

Hello one and all!

I have a phone which has already had to be repaired once. I was given a new phone of the same model and the same problem has recurred again (within one month). The phone is still within its warranty (I am in the 11th month of my contract), but I have been told by the the network and the courier who picked it up for repair that there is actually a consistent problem with this model. When my network were trying to sign me up to another contact they offered a more up-to-date phone form the same manufacturer saying it was 'a more stable model' than the one I have.

I don't want to renew my contract, but I do want to have a phone (having effectively paid for it via a year's subscription). Seeing as this phone is acknowledged to have inherent faults can I demand they replace it with a newer model that functions without having to be repaired every few months (shortly at my expense). What is the relevant legislation covering this area and how should I phrase my letter?

rogerramjet

I think your success will depend on the network provider. I do know of people who have had faulty phones exchanged for a different model when they have rang up and complained heavely. Ring them and tell them different customer services operators have said there is known problems and you want a different model....don't ask for anything off the wall...and make veiled comments that your really unhappy with the service you have received and may not stay with them when your contract ends....they are not to know you don't intend staying anywa, but it may help you get a new phone off them

thor

Out of interest, what phone is it?

5limJim

thor wrote:

Out of interest, what phone is it?

And also which network, its not 3 and the LG by any chance is it?

gk172

I had the moto v525 when it first came out and it proved faulty so returned it and it was replaced twice the 3 rd phone i got i was told by carphonewarehouse (shop) if that one goes faulty you can then go on and complain saying you had lost faith in that model as it was now a known fault - software issues created by vodafone, which the 3rd one did go faulty and i asked for the v600 which wasnt due to be a live handset and they waived the differance and sent it out BUT i also got the v80 via vodafone who wouldnt budge with me when i called not very pleased the v80 had been in for repair 4 times in 10 months:mad: unfortunatley 3 of the times was after i had sold the phone.

falcon21

its not 3 and the LG by any chance is it?

Bingo!

How did you guess?

thor

I've just had a phone returned unrepaired from motorola. It was a V220 which was powering itself off as soon as it was turned on. I sent it back only a month after acquiring it but Motorola claim that it was suffering from 'liquid contamination' and they do not need to repair it under the terms of their warranty. I think that they probably are unable to fix it and have come up with any excuse to get out of having to replace it as my phone has not been anywhere near liquids. If this was a known problem with moto phones I would give them hell and make sure that they replace it.

gk172

thor wrote:

I've just had a phone returned unrepaired from motorola. It was a V220 which was powering itself off as soon as it was turned on. I sent it back only a month after acquiring it but Motorola claim that it was suffering from 'liquid contamination' and they do not need to repair it under the terms of their warranty. I think that they probably are unable to fix it and have come up with any excuse to get out of having to replace it as my phone has not been anywhere near liquids. If this was a known problem with moto phones I would give them hell and make sure that they replace it.

The v80 had that problem it would either switch back off or wouldnt power on in the first place but you could see it was taking a charge as the outside rim glowed green which it should do when charging, who are you dealing with? motorola or the repair center (sbe) it might be an idea to try the other to which you have been dealing with.

falcon21

I guess the most important question is this: where does one stand legally when someone supplies you with a phone that they admit has inherent problems? If they just give you the same model again - knowing full well that you are shortly going to be outside of the warranty period - then you are left completely high and dry. Is there any obligation to replace it with a similar model if the existing model is inherently faulty?

gk172

falcon21 wrote:

I guess the most important question is this: where does one stand legally when someone supplies you with a phone that they admit has inherent problems? If they just give you the same model again - knowing full well that you are shortly going to be outside of the warranty period - then you are left completely high and dry. Is there any obligation to replace it with a similar model if the existing model is inherently faulty?

You dont say what the fault is, is it software related? and if they have replaced it with a more stable version maybe unbranded the phone might prove to be fine and then you may not have a leg to stand on, but i do know your concerns i had them with the v80 but as mentioned i sold it and i cant guarentee the person i sold it to looked after it as well as i, so might be an idea to sell it while it is still fully functional and take out another contract and forget about it - that was advice given to me all that stress over a phone aint worth it.

thor

gk172 wrote:

The v80 had that problem it would either switch back off or wouldnt power on in the first place but you could see it was taking a charge as the outside rim glowed green which it should do when charging, who are you dealing with? motorola or the repair center (sbe) it might be an idea to try the other to which you have been dealing with.

This is exactly what my phone is doing. I don't think the repair center will ever admit it is an inherent fault with their mobiles so my problen will be to find some proof that it is.
I initially called motorola who directed me to SBE the repair centre so they both will know the situation. Maybe I could call Motorola and try to bluff a replacement handset by claiming that the fault is a well known one that affects their phones but I don't hold out much hope