Help!! 3 contract Null and void???

happychikadee

I am with 3 for my mobile phone contract. I have a Nokia 6500 slide phone. I have had nothing but problems with it crashing and losing data and the settings doing their own thing! I have received an email from 3 saying that it is a known fault with the phone and it cannot be fixed. They have since offered me replacement phones but not as good as the one I have now (if it worked properly).
I upgraded my phone and have always had slide phones as I really like them. I also wanted a better camera so it has a 3.2 mega pixel. They are saying they can only offer me the phone I previously had or a phone that is either a slide phone or has 3.2 mega pixels. They have another phone with the same specifications but said it is a much better phone so I would need to pay for the upgrade.
If they cannot keep up their end of the contract by providing me with a phone that works and that I signed up for then surely the contract should be null and void and I should not have to pay to get out of the contract

This has been going on for several months and it's infuriating as they don't seem to listen to me and just keep saying the same thing about they are replacing me with a phone, it doesn't matter that it isnt the phone I signed the contract for.

Quentin

You didn't sign a contract for a handset, thus your service contract (which you did sign up for) cannot be null and void because of problems with the handset.

It seems they have discovered problems with this model, so why do you insist on wanting one?

happychikadee

I am not insisting on having this handset in replacement, however, I do want a slide phone with at least 3.2 mega pixel as this is what I asked for when I went into the three shop and upgraded. If they had said they couldn't match that, then I would have gone elsewhere. The phone they gave me was just out so the problems, I am assuming, we not known at that point.

Quentin

If there isn't such a model available (at the same price) - then they can't knit you one!

Maybe going direct to the manufacturer for a warranty repair might get you a more satisfactory resolution?

happychikadee

Not sure if I'd go for the knitted one, my question was, if they cannot give me an equivalent, then am I entitled to cancel the contract without getting charged for doing so.

Quentin

That question already answered in post #2 (though you may not like the answer)!

Your airtime contract is nothing to do with your handset:

Terms for 3 Services only covers the terms on which you may use our Services. They don't cover your purchase of your Handset.

confused31_2

Im sure that if you upgraded, you have been with them over 12 months, when they give you an upgrade it keeps them with them another 12 months.

However if the upgrade is returned and they can not give yo a suitable replacement you should be able to cancel.

I upgraded my phone but i didnt sign anything and i doubt you did so just send the phone back and cancel, im sure they cant do anything about it then as you have had your contract over 15 months, with no upgrade as you have taken it back.

What i would do is take it back to the shop tell them you want to return it and ask for a replacement, then when they dont oblige tell them you wish to cancel as the handset they have offered you is not suitable.



confused

happychikadee

My first contract was for 18 months which ran out in February. I upgraded 21st December. I signed a piece of paper which the manager had hand written down the specifications of the phone and the date etc. I was told that my contract would then go on for another 18 months.
The manager of the shop, where I got it from, believes I should either get the upgrade free of charge or they should disconnect me without charge.
I didn't return the phone within 2 weeks of getting the phone as I got it in Reading and I live in Devon so did not even look at the phone properly until I got back from my Christmas holidays. Because of this, they have said it's too late to cancel my contract without facing charges.

agsnu

Nokia's warranty repair service leaves a lot to be desired. They took my 6500 slide back 4 times before they finally replaced it, and I've just had to send the replacement back (had it a month) since it's now refusing to turn on.

The model is a bit of a crock, as far as I can tell.

confused31_2

Surely if they say theres a fault with that phone then its no good to you, tell them what phone you want as a replacement, im sure the n95 is a slide phone and 3 do them.

If they say no, quote the sales of goods act 1973 its something on the line a product should do what it was bought and supplied to for.

Theyve told you there was a fault with it and they have admitted they can not fix it, im sure trading standards would advise you further on this if you contact them.

What they usually do is get you to put it writing and send it recorded delivery, to prove you have informed them that you are not happy, and that the phone is not fit for the purpose you bought it for.

To be honest though if you go in to the shop and state that the phone is not fit for the purpose and throw the sale of good act at them im sure they will give you the upgrade.

Youve been a good customer to them for nearly 2 years, saying that i would never get into an 18 month contract as phones age very quick.

confused

happychikadee

I can't take it to the shop as I bought it in Reading and I live in Plymouth. I have kept all emails that have gone on between 3 and myself. I have it in writing that the nokia 6500 slide has a known fault that cannot be fixed.
The N95 is a worth about £300 where as my is only £179 so they said I would have to pay an extra £9 a month for the remainding of my contract if I were to get that phone, which is not an option for me as I already pay enough.

I think I will have to get in touch with trading standards now to see if they can help.
Thank you x