Faulty phone on Orange contract

Blacksheep1979

ovetta2001 wrote: »

Like I said before - You signed a contract that clearly states it isn't their problem. If you kick up a fuss they have your signature which says you have read and understood the terms and conditions. So you don't have a leg to stand on. Just send it to the phone company and it will be fixed.

And if I got a contract from someone saying that if they missed a payment on a loan to me I could break there legs - do you think that would stand up in court?

I say again, no contract can do away with your statutary rights, Peter does have a leg to stand on even if the phone isn't part of the contract. Orange supplied the phone so are liable and by supplying it along with a 2 year contract have implied that it should be fit for use for at least two years.

Peter as for their dumb analogys if I had a Sony TV from say Dixons yes I would take it back to Dixons and as in the case of dodgy fuel from supermarket petrol stations they were liable and I would be looking for them to pay, not my insurance.

As I said before, depends how much faffing about you want. I'd send them an initial email setting out your case and see if they change their tune and maybe contact the manufacturer and see how long it will take them to repair/replace the handset. No point dragging this out with Orange for 3 months if the manufacturer can get it done in 3 weeks but if the manufacturer says 6-8 weeks I'd be pestering Orange a bit more forcefully.

*quick edit*
The reason for putting the phone is not part of the contract is probably so you can't cancel the contract if the phone is found to be faulty.

custardy

next time consider orange care and save yourself the grief

nomoneytoday

custardy wrote: »

next time consider orange care and save yourself the grief

What grief? Take it to a Service centre and it will be fixed within the hour

olly300

pg2114 wrote: »

I wasn't happy with their response, so I phoned back again and got the exact same answer. I told them I wasn't happy and even got through to the call centre manager, who was extremely rude.

All this manager did was repeat the terms and conditions, which say...

14.1your Device is not a part of your Contract
Your Device and Accessories are acquired by you outside the terms of your Contract.

Apparently, these terms and conditions supercede all laws, which I believe was totally wrong. His example was that if I was sold faulty petrol from a petrol station, I would claim on my car insurance!

Any thoughts, please?

Peter.

Do as Blacksheep1979 stated and contact Orange in writing.

In your email mention the information you have been told by the call centre giving the time and date and any names, state this information breaches The Supply of Goods and Services Act 1982 (as amended). Also state that the section you have been pointed to breaches The Unfair Terms in Consumer Contract Regulations 1999 and if what they are saying is true that the handset which is Orange branded (mention if it is locked to the Orange network) doesn't form part of the contract, and they will not repair it you will have no choice but to make a formal complaint to OFCOM.

Now when I complain to companies in writing about faulty products or services I always put what law they are breaching in the email/letter. I noticed that putting this in the email actually gets the customer service to sort the issue out.

BTW Three had a contract in 2006 which breached The Unfair Terms in Consumer Contract Regulations 1999 - a consumer complained to OFCOM and OFCOM made Three rewrite all their consumer contracts. (It still hasn't stopped their customer service being bad.)

custardy

nomoneytoday wrote: »

What grief? Take it to a Service centre and it will be fixed within the hour

depends where you live,how much transport you have etc etc
i prefer getting a phone couriered to me next day to an eddress of my choice and doing a straight swap