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do i have grounds to cancel my contract

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  • ch0ccy
    ch0ccy Posts: 103 Forumite
    . they offered to lend me one if it cant be fixed - so they are half admitting liability .

    I would have thought this was more of a goodwill gesture...
  • blade33
    blade33 Posts: 5 Forumite
    The one thing that always gets me about T/A or CAB is they tell you that under...say the sales of goods act your intitled under "LAW" and thats the inportant word "law".

    If you get arrested your arrested under a certain act within the law,your not sentenced there and then,it has to go through a process. The same thing applies with the info given by T/A OR CAB...

    What you want to happen is to have an amicable resolution to your individual concern and not if possible end up in court.

    I've worked in retail for years and it's better were possible to have this situation sorted amicably.email t mob and s/eric and see what can be done.

    I would not hang on every word from T/A or CAB

    Blade33
  • lawbunny
    lawbunny Posts: 225 Forumite
    Wow... a lot of agression in this post!

    Ok, so what people have said previously about the whole 6 yrs thing... those who said it is "up to" are correct - for example, you would expect an expensive washing machine or cooker to last nearer to the 6 years, but other items such as mobile phones are not expected to last to the full 6 years due to the nature of their use - a year or two is perfectly acceptable.

    As regards the repair - you could have sent it away for repair through T-Mobile as the supplier of the handset and therefore they would have been responsible for ensuring it got back to you quickly etc. However, you chose to send it straight to the manufacturer Sony Ericsson directly yourself, therefore it has nothing to with T-Mobile anymore.

    In terms of you being able to use the service T-Mobile have provided - you are. You have a sim card which you can use should you chose to put it in another T-Mobile handset or an unlocked handset, and therefore still get full use of the network's services. And as for offering you a loan phone, that is not an admission of any liability, that is simply a service they offer if you are without a phone for any reason - you pay a £50 deposit and pick one up from a T-Mobile store - this is available to people with faulty phones, broken phones or lost phones.

    Additionally, given the amount of time you have had the handset, you should be prepared for the fact that there is a good chance the fault may have been caused by damage that you caused through misuse ie water damage, dropping the phone, unauthorised modifications etc. If this is the case, they will not repair your handset free of charge or replace it.

    I don't know who you are speaking to at Trading Standards, but they seem to have minimal understanding of the law on this issue. Or, dare I say it, you are simply choosing to hear only the parts of advice which you want to.
    I accept no liability if you chose to rely on my advice.
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