Help!! 3 contract Null and void???

bringmeshoes

Your contract is for airtime and not for the contract so trading standards will not be able to do anything about 3.
The fault with the handset is with nokia not 3, it is nokia who have given the warranty on the handset so i would contact them and see if they will replace handset. 3 only have to supply you with airtime so by giving you a sim card and the mins/texts to use they are upholding their onbligation, they did not have to offer your a replacement handset they could have sent you direct to nokia. Nokia now have 2 year warranty ontheir handsets

happychikadee

Surely, when you get just the sim and the air time you pay a less monthly fee? I thought there were deals when you dont get a handset.
The manager in the 3 shop that I bought it from has told me that he thinks they should offer me the more expensive phone or cancel my contract.

bringmeshoes

happychikadee wrote: »

Surely, when you get just the sim and the air time you pay a less monthly fee? I thought there were deals when you dont get a handset.
The manager in the 3 shop that I bought it from has told me that he thinks they should offer me the more expensive phone or cancel my contract.

i think the manager has told you what you want to hear to be honest
have you tried to contact thier customer complaints dept, you may get more luck with them
i'm not trying to be harsh but i work for a mobile company and just explaining from their point of view- legally they don't have to offer you another handset as it is guaranteed by nokia

lawbunny

If the manager in the shop is so sure you should get a replacement handset or have your contract cancelled, why isn't he taking care of this for you? Simply because he just doesn't want you shouting at him, so he is telling you what you want to hear and fobbing you off on customer services. Harsh, but true.

Your contract is for airtime only, not an actual handset. They are providing your sim card and airtime service without fault so they are not in breach of contract. Additionally, whilst you are correct in that under SOGA you have a right to a remedy, 3 have fulfilled this legal obligation by offering you a different handset of the same value. If you want a handset which is worth more it is up to you to burden the extra cost, not 3. Obviously, in the interests of customer service you'd think they would just foot the extra themselves, but they are not obligated to.

happychikadee

Thanks for the advice. I have over a year to go with this contract but think I will be giving 3 a miss in future!

Cerenia

Any reason why you want a slide phone? The Sony Ericsson w890i has a 3.2mp camera, and its quite nice and slim in my opinion, might be worth checking out as a possibility

happychikadee

They have only offered me the N73 or Nokia 6288. One is slide but less mega pixel and the other isn't a slide.
I contacted trading standards yesterday and they got back to me today. They told me that 3 should either offer me a like for like replacement or I should put in a claim for damages which would mean they either offer me the better phone which is the N95 at no extra cost to me or they cancel my contract. This all comes under the The Supply of Goods and Services Act 1982.
They have told me to write to the store I bought it from and have given me a list of things that should be within the letter. They will contact me in a week to find out if I have heard anything and then go from there.

Adamant_3

>>Additionally, whilst you are correct in that under SOGA you have a right to a remedy, 3 have fulfilled this legal obligation by offering you a different handset of the same value. If you want a handset which is worth more it is up to you to burden the extra cost, not 3. Obviously, in the interests of customer service you'd think they would just foot the extra themselves, but they are not obligated to.

The mobile phone would, I guess, be a treat to sign (can't remember the actual terminology) and I wonder where the SOGA would stand on this.

As you're entitled to a refund or replacement/repair(at their choice) - if they can't replace/repair to satisfaction then they would need to refund.

Does this mean they need to refund the full sim-free cost of the handset as they usually print in big letters to try and scare you into taking their insurance?

I'd guess they would as that's what the phone costs - the fact they got it cheaper surely wouldn't have anything to do with it?

You could then buy a very nice phone for that amount of money - or, more likely, they'll just cave in and give you the phone you want.

Oh, I'm not a lawyer but hopefully someone more knowledgeable than me will come along and let us know how the refund will work......