Mobile phone companies above the law?

baldelectrician

Had a problem with a VODAFONE mobile that went faulty 6 weeks after I bought it.

Called customer service and they stated I HAD TO send it for repair and I couldn't request a replacement.
When I mentioned the The Sale and Supply of Goods to Consumers Regulations 2002 this apparently didn't apply as Vodafone were billing me for rental, not the phone !

I stated they wouldn't have given me the phone for free if I didn't get the contract so the two thing were tied and linked.

The objections were

• Nokia are the manufacturer - they are responsable (wrong the shop is)
• They only supply the airtime
• After 14 days they MUST repair it
• It's in the conteact terms and conditions (they don't notice the contract states that it doesn't affect your statutory rights)

Now I am unfairly singling out Vodafone here, I went in to Orange, Vodafone, 3, O2, and Phones 4U, and they all said similar things- repair must be the only option after a few weeks.

Now the act states that ;
The CUSTOMER can request a repair, replacement or a refund, or cancelling of contract and returning of the goods (less any costs for servicies used already) not the retailer, and within the first 6 months it is up to the SELLER to prove the fault, not the customer.
It is not up to the seller what is done, but the choice lies with the customer.

Now my question are (I am assuming people a lot more qualified then me read this)

• Are mobile contracts exempt from this law
• Do these companies deliberately hide behind 'terms and conditions'
• Does this mean that a customer can cancel their mobile contract if the phone is faulty within 6 months.

Thanks for reading

chuckles1066

In April 2000, Vodafone won the battle for 3G Licence B, which offered the highest bandwidth, with a £5.96bn bid.

£5.96bn buys you a lot of friends in Government..........

uktim29

baldelectrician wrote: »

Now the act states that ;
The CUSTOMER can request a repair, replacement or a refund, or cancelling of contract and returning of the goods

Is this something you've written yourself because that isn't the the sog act goes. Their perfectly intitled to repair it rather than do any of the other things you suggested above.

My question is:

Why do consumers make the law up as they go along?

lamb7994

Under SOG act they are entitled to repair it and if the fault reapears then you have a better chance to have it replaced.
Mobile phone contracts are classed as two things - You have the Air time (Calls etc)
And
The handset.
So if the handset is faulty you can't cancel the contract.

you might find this useful:

http://www.consumerdirect.gov.uk/after_you_buy/know-your-rights/mobiles/

Good luck

James

chuckley

the fone was free... why are u complaining when they can repair it for FREE?

LondonDiva

You could cancel the contract if the phone was part of the contract / it was implicit in signing the contract that a working phone would be part of the deal.

They don't need to replace it, but must repair it - if they fight speak to ofcom, it was amazing after 2 weeks of bring told to speak to Nokia, 24 mins exactly after I'd spoken to Ofcom, a woman from orange rang me to offer me a replacement phone. All I'd wanted was for them to repair it.

baldelectrician

uktim29 wrote: »

Is this something you've written yourself because that isn't the the sog act goes. Their perfectly intitled to repair it rather than do any of the other things you suggested above.

My question is:

Why do consumers make the law up as they go along?

http://www.legislation.gov.uk/si/si2002/20023045.htm
(2) If this section applies, the buyer has the right -

(a) under and in accordance with section 48B below, to require the seller to repair or replace the goods, or (b) under and in accordance with section 48C below -

(i) to require the seller to reduce the purchase price of the goods to the buyer by an appropriate amount, or (ii) to rescind the contract with regard to the goods in question.

I must be good if I persuaded the govt to make this up - or am I reading it wrong- this states it amends the sale of goods act.

uktim29

baldelectrician wrote: »

http://www.legislation.gov.uk/si/si2002/20023045.htm
(2) If this section applies, the buyer has the right -

That means they have a choice not you!

They repair it rather replace it if they want.

baldelectrician

Maybe I am being thick here (I'm an electrician- not a lawyer)

But it says the BUYER has the right to require the seller to do...

It reads to me that the BUYER has the choice, not the seller.

Or does the law read the seller makes the choices and the buyer accepts what the seller dictates.

uktim29

baldelectrician wrote: »

Or does the law read the seller makes the choices and the buyer accepts what the seller dictates.

Thats it, as long as they choose one of the options.

Butlers1982

Why do consumers make the law up as they go along?

Because they think they are being clever trying to point something out that they clearly dont understand.

You will find if you contact trading standards, there isnt a specific time limit as to when the have to replace the item if it has not been repaired. I once waited 4 weeks for a repair after it had been sent away.
They did give me a spare phone and give me 2 months line rental back for the inconvience.