do i have grounds to cancel my contract

wassupjackie

my sony ericsson k800i developed a fault , i plugged it into the charger went out of the room got a txt, came back to check message - and nearly dropped phone it was so hot . doesnt work now . rang tmob , who said no not warranty set is 14 months old . rang sony ericsson, who say 2 yr warranty , send to our repair depot free - and so i sent , with proof of posting. they said 7 to 10 working days. its been 10 working days - and 13 days since i sent it . ive had no contact from tmobile /sonyericsson/or keuehne& nagel . i havnt had the use of my phone or been able to use my contract for nearly 2 weeks . i have to talk to trading standards on monday again about this . do i have grounds to tell tmobile they have broken the contract ?

Quentin

Not because your phone is broken and getting repaired.

Your complaint is against SE, not the network.

rev_henry

Have you called Sony ericsson again to see why its taking so long? Give it another couple of days; could just be slow postage or something like that.

eherway

I'm confused as to whether your phone is in warranty or not by your posting?
I think it's a good thing you've spoken with trading standards. Have they not been clearer as to your rights?

When my Motorola phone went wrong (though mine was after about 6 months of having it) I sent it off for repairs with Phones4u, who I had taken my contract through. They then took ages to say what was wrong, told me I had to pay for repairs, but refused to tell me what was wrong with the phone. Then when I asked for it back they refused to return it, saying the phone was theirs as my contract was not finished and I had to pay a fee for getting the phone back.

I contracted trading standards and this is what they told me:
[FONT=Arial-BoldMT, Arial, sans-serif]Under the Supply of Goods and Services Act 1982[/FONT][FONT=Arial-BoldMT, Arial, sans-serif], [/FONT][FONT=Arial-BoldMT, Arial, sans-serif]I have not received adequate goods, and are not receiving adequate service, as the phone was not free of minor defects and has not been fit for purpose or of satisfactory quality. [/FONT]
[FONT=Arial-BoldMT, Arial, sans-serif]I have paid six months of the contract which includes the Motorola V3i phone. Therefore the phone is considered my property and cannot be legally withheld for an indefinate period. Furthermore, this situation contravenes the [/FONT][FONT=Arial-BoldMT, Arial, sans-serif]Supply of Goods and Services Act 1982, as I am not able to access and use the phone as par the contract. [/FONT]
[FONT=Arial-BoldMT, Arial, sans-serif]I have legal entitlement and statutory right for the phone to be repaired and returned for free. [/FONT]
[FONT=ArialMT, Arial, sans-serif]I wish to claim a free repair of the phone or a replacement.[/FONT]


[FONT=ArialMT,Arial,sans-serif]I asked for the phone to be returned fully repaired within 14 days. From sending a letter with this information I got it back within 10 days.

As already said by another post - this is not t-mobile's responsibility to rectify unless you took your contract out with them directly. If you took your contract out via a shop such as phones4u, car phone warehouse etc, it's their responsibility to correct. From your post I'm not sure who you took your contract through?

Do go back to trading standards about this for how you should proceed, especially as Sony Ericcsson now have your phone.
[/FONT]

wassupjackie

:mad: to reply - i rang tmobile - they said the phone isnt covered by them , despite me buying it directlly from them on there website.[its 14 months into an 18month contract]
they told me to contact sony - i did , and they say "yes it has a 2 year warranty against manufacturung defects".
the gave me an adress of there repairer, and told me it would take 7 to 10 days to sort out .
sony also said if it wasnt covered some one would contact me and tell me .
its been more than 10 working days , and ive been without a phone for 13 days , no one has bothered to inform me what is going on , and im still paying my monthly tariff , despite no phone or usage.
If you're dealing with a consumer, any repair or replacement you arrange must not cause them too much inconvenience. You may have to pay for other costs such as transportation. However, if a replacement is impossible and the goods cannot be repaired economically, or vice versa, then you can offer a full or partial refund.
this paragraph was taken from consumer direct.gov stating part of the sale of goods act[law].. how inconvenient is it to not have a phone , and still be paying for it ?

wassupjackie

Quentin wrote: »

Not because your phone is broken and getting repaired.

Your complaint is against SE, not the network.

1. trading standards insist that tmobile are the "seller" in the eyes of the law , as the phone was bought directly from them.
2.my reason for asking if they have broke the contract is that i am unable to use goods and services they are charging me for , due to faulty equipment.
3. and sony ericssons repairer are taking an unreasonable amout of time to repair or replace the handset.
4. the people at trading standards say a warranty / guarantee is on top of your consumer rights , and the seller is responsible for the goods for up to 6 years after sale in the eyes of the law.

bringmeshoes

your contract with t-mobile is for airtime not the handset, all t-mobile have to provide you with is a sim card for you to use airtime. the warranty in the handset is given by sony ericsson so it is up to them to reapir/replace your handset

wassupjackie

wassupjackie wrote: »

1. trading standards insist that tmobile are the "seller" in the eyes of the law , as the phone was bought directly from them.
sorry to labour this point but trading standards are saying this , as i bought from them , not sonyericsson.
as you point out , you say my contract with tmobile is for airtime - which i cannot use because i have no handset and have not had for 14 days now

Woby_Tide

[quote=wassupjackie;11751377
sorry to labour this point but trading standards are saying this , as i bought from them , not sonyericsson.
as you point out , you say my contract with tmobile is for airtime - which i cannot use because i have no handset and have not had for 14 days now[/quote]


can you find in your airtime terms and conditions the bit that says they'll provide you with a working phone that they are responsible for throughout your contract?


if I chuck my handset in a bucket of water can I cancel my Orange contract as I can't use the Orange airtime?

agsnu

There's nothing to stop you buying a cheap £10-£20 or so handset and popping your SIM in.

rev_henry

bringmeshoes wrote: »

your contract with t-mobile is for airtime not the handset, all t-mobile have to provide you with is a sim card for you to use airtime. the warranty in the handset is given by sony ericsson so it is up to them to reapir/replace your handset

This is incorrect. As you bought (or in this case I guess acquired would be more accurate, but it still counts as buying) the phone from t-mobile, you have a contract with them, not SE, and so t-mobile is obliged to sort out your phone. Trading standards are of course correct. HOWEVER t-mobile can suggest that it would be quicker to go direct to SE and it is up to you as to whether you do so or whether you demand that t-mob sort it out.