do i have grounds to cancel my contract

stugib

wassupjackie wrote: »

companies ARE LIABLE FOR THERE PRODUCTS FOR UP TO 6 YRS IN ENGLAND , AND 5 YRS IN SCOTLAND - FACT

1. The relevant words there are 'up to'. It's not a blanket 6 year warranty for all goods. Depends on the product and its expected lifetime, price paid, quality of brand etc, exactly as Butlers said. No way in the world a mobile phone would be. I also agree with him that it would be a complete abuse of the small claims system in this instance.
2. Are you drunk?

rev_henry

The six years rule is correct, but the cost and quality of the goods has to be taken into account, I believe. E.g. it would be unreasonable to take a pair of earphones back to the pound shop after 6 years. But I think that your 18 months or however long you said would definately be 'reasonable' in the eyes of the law.

rev_henry

Ah, stugib beat me to it. What he said is the same as what I said but put somewhat better!

alnsv1000s

The problem with a mobile phone is that it is carried around in different climates, knocked and dropped.

People have them exposed to direct sunlight or, put them in the bathroom whilst showering or taking a bath, creating condensation which the handset recieves water ingress.

Subsequently a handset which has many, many electrical parts which are put together on a circuit board by solder, which can split or crack. This is often called dry joints and can occur in any Electrical component, but one that is portable is more susceptible to this.

You could have insisted that TMobile arranged to send the handset to the repair centre on your behalf, but this would have taken longer due to extra transit times.

You have sent the handset to SonyEricsson who are repairing the handset for you but your definition of reasonable time is too short. Normally up to 30 days is acceptable but service centres aim for a turnaround in 14 days, but if parts are not available this can be delayed.

I always loan a handset whilst I send my customers handset is away minimizing any inconvenience to them, but when you purchase by mail order this is not always possible.

If you took TMobile to Court you would be wasting your money and the courts time, considering the length of time you have had your handset.

By all means you can attempt it, but what would the value of your claim be?

I presume the handset was free at purchase, and you are entitled to a comparable handset of the same age as yours if a repair is not able to be done and your handset is deemed to have a manufature defect that cannot be repaired.

Laws are there but there is also a defence and your situation in my opinion is on very shaky grounds.

I am trying to be sensible about this as Quentin has, but await your considered reply.

Just give it another few days and hopefully your handset will be back with you in working order.



You

wassupjackie

well - i took advice - and i use the word sparingly , from trading standards/ consumer direct - and they too thought it resonable for a handset to at least last as long as the contract , bear in mind when i took this phone 14 months ago - to buy one was a considerable outlay [ they were untill quite recently a £200handset ] . im not looking for "miracles " , or a new handset . i just want what i was informed of by sony ericsson . the handset according to them would be back in "7-10 working days " not the 15 its took thus far . trading standards say im not being unreasonable . any item regardless of what it is , in the eyes of the law must be of resonable quality , and durability, and if sent for repair - these repairs must not cause undue inconvenience . now then id say 3 weeks without being able to use my phone or tariff is inconvenient .[ a service im paying for ]but not able to recieve !!] . the phone was 1 day into the 14th month [ of an18 month contract i would expect a mobile to last longer than that , christ i have an 8 yr old nokia on orange payg that works perfectly !
STUGIB -its not a 6 year warranty - its your statuatory rights ! and the personal comments" are you drunk " are not really relevant, or even funny.
ALNSV 1000s i know all about electricals , circuits etc - im an auto electrician by trade . good job my customers dont expect a 30 day turaround - id be bankrupt.
wish id kept my terms and conditions !

stugib

wassupjackie wrote: »

STUGIB -its not a 6 year warranty - its your statuatory rights ! and the personal comments" are you drunk " are not really relevant, or even funny.

Well it was either that or you seem to have issues with aggression against people who point out you're mistaken. Thanks for your threatening PM - congratulations on being the first I've had on MSE :beer:

Butlers1982

lookslike we have a "newbie know it all"- anyone else received any PM's of "it" because we have tried to tell "it" something it things they know all about?

Quentin

wassupjackie wrote: »

trading standards say im not being unreasonable . any item regardless of what it is , in the eyes of the law must be of resonable quality , and durability, and if sent for repair - these repairs must not cause undue inconvenience .

Your TS have advised you badly. Or have you not told them it was you who sent your phone off to be repaired to the repairer, (nothing to do with the retailer)?

rev_henry

OP: We are trying to help you here, at least some of us are. The least you could do is be polite.

rev_henry

stugib wrote: »

Well it was either that or you seem to have issues with aggression against people who point out you're mistaken. Thanks for your threatening PM - congratulations on being the first I've had on MSE :beer:

Have you reported this to [Removed by Forum Team] ?