do i have grounds to cancel my contract

Quentin

Now that you have put your phone in the hands of SE, then the retailer is not responsible for how long SE take to repair it.

wassupjackie

ive spoke to trading standards who have emailed me a letter to send by recorded delivery to sony ericsson , if the handset is not fixed by the end of this week , taking it to 15 working days without handset , and 18 days in total .its gonna be taken up by trading standards.
tmob promised to send me a handset if i couldnt get mine sorted.#
i spoke to diane at customer relations , who in turn rang sony , who said phone "will be returned fixed in 7-10 days"? i told her they already had it 11 working days .
no way will i buy another handset to use till mine is returned . the mobile companies /manufacturers should have plans in place so this dont happen . they offered to lend me one if it cant be fixed - so they are half admitting liability .
when you send handset to them they insist on proof of purchase , i had to send only document i recieved , which had t&c on back .
trading standards say even though sony ericsson supplies the phone - t mobile is the seller [ the retailer] and as such is responsible under the supply of goods and services act. thanks for all the good advice to you all

Quentin

If you want t-mobile to "look after" your phone once their 12 month warranty expires you need to take their phone insurance.

Then if it goes wrong out of warranty it's covered.

Microstar_2

Quentin wrote: »

If you want t-mobile to "look after" your phone once their 12 month warranty expires you need to take their phone insurance.

Then if it goes wrong out of warranty it's covered.

That's not correct.

A warranty is in addition to your statutory rights as a consumer and cannot over-ride them.
T-mobile are the 'supplier' of the phone and therefore have primary responsibility to the consumer for the product. It is up to them to send it to the manufacturer (SE). They can suggest that the consumer deal directly with the manufacturer (in the interests of speedy service, for example) but that cannot insist upon it.

The phone should be free of defects for as long as is 'reasonably' expected (or what a court would decide upon as 'reasonable'). Since the manufacturer warrants the product for 18 months then I would suggest that a 'reasonable' defect-free life for the product would be at least 18 months and its up to T-mobile to sort the problem out for you.

If they do not do as required than take out a Small Claims (MCOL) against them. They will immediately sort the problem out for you and refund your £25 court fee.

wassupjackie

thanks micro star, thats what trading standards said too , why do a lot of people wrongly assume because the guarantee is finished they dont have a leg to stand on ?
t/s told me a company is liable for its products for up to 6 years too - intersting stuff.
how would i go about making a claim at the small claims court ?

rev_henry

wassupjackie wrote: »

thanks micro star, thats what trading standards said too , why do a lot of people wrongly assume because the guarantee is finished they dont have a leg to stand on ?
t/s told me a company is liable for its products for up to 6 years too - intersting stuff.
how would i go about making a claim at the small claims court ?

You simply go to this website and follow the instructions through. Its very easy and self explanatory.
http://www.moneyclaim.gov.uk/

bcu67

I may be wrong on this but when working in an electronics shop we supplied a year warranty. If it went wrong in the first year you returned it to the shop. Some goods had manufacturers warranties which were longer than a year so if you item broke after the year you went to the manufacturer.

Could it be that as the phone is over the year it is out of the t-mobile warranty but not out of the manufacturer warranty. This means that SE are the problem and you can't claim any money off t-mobile

Butlers1982

the mobile companies /manufacturers should have plans in place so this dont happen . they offered to lend me one if it cant be fixed - so they are half admitting liability

you really dont have a clue do you. if a phone goes kaput, they send you one out until your phone is replaced. therefor they DO have a plan should this happen AND they are not admiting liability at all, they are providing you with a temporary phone.

company is liable for its products for up to 6 years too - intersting stuff.

Not for a mobile phone- its all relative and to do with the price you pay for an item.

how would i go about making a claim at the small claims court ?

You have no claim to make. Ok SE said it would be repaired in 7-10days and it hasnt been- you havent contacted them. I think your clutching at straws and dealing with things in a way you know nothing about.
You need to contact SE and find out whats happening. then if they dont explain whats happening you will need to put something in writing to them giving them dates.

You dont just bloody start SCC when someone is a few days out on their turn around time.

Quentin

TS are to blame - they've told him all this 6 years stuff without realising the phone has been sent (at the owners own freewill) to a separate repair shop, and have mislead him into thinking the SCC will sort out the original retailer because the repair shop is taking too long!

wassupjackie

Butlers1982 wrote: »

you really dont have a clue do you. if a phone goes kaput, they send you one out until your phone is replaced. therefor they DO have a plan should this happen AND they are not admiting liability at all, they are providing you with a temporary phone.



Not for a mobile phone- its all relative and to do with the price you pay for an item.



You have no claim to make. Ok SE said it would be repaired in 7-10days and it hasnt been- you havent contacted them. I think your clutching at straws and dealing with things in a way you know nothing about.
You need to contact SE and find out whats happening. then if they dont explain whats happening you will need to put something in writing to them giving them dates.

You dont just bloody start SCC when someone is a few days out on their turn around time.

i think you are the one who doesnt have a clue pal - dont go making assumptions about what can or cannot be, in eyes of the law - bet u didnt know the supply of goods and services act was changed only 3 weeks ago !!!!!!. quentin just about hit the nail on the head , but i,ll tell u something bonny lad , ive had tmob telling me its not there problem , trading standards telling me it is there problem , and sony ericsson telling porkies about repair times . companies ARE LIABLE FOR THERE PRODUCTS FOR UP TO 6 YRS IN ENGLAND , AND 5 YRS IN SCOTLAND - FACT . im trying to see your side of the discussion but cant get my head far enough up my !!!!