replacement mobile phone

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seedling

New Member
Nov 11, 2011
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hi basically had a bberry torch in feb 2011 it had software problems(and other things like dropping calls slow internet etc) and was reset at the phone shop later it kept happening and was sent away for a repair came back and was just the same tried software upgrades and resets again but sent off to be repaired again came back yesterday and didnt even turn on :( spoke to phone company and asked for a repalcement and also a different model but they are insisting that the replacement is a reconditioned phone.

are they allowed to replace with a reconditioned phone?

am i within my rights to ask for a new phone

any advice on how to deal with phones4u would be great thanks
 
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Witch consumer

Moderator
Sep 8, 2008
1,593
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Debtors retreat
They only have to supply you with a replacement phone as part of a contract, if you have bought the phone yourself it is a differet matter and they would have to honour SOGA and guarantee.

They used to say that the phone wasn't their responsibility as it was given free but a court case confirmed that the phone is part of the contract as the contract would be useless without one, so being the sort of companies they are, they get round it by giving reconditioned replacements, the one thing you do benefit in is that the phone has to work for the duration of the contract so if the reconditionned one doesn't work, they have to replace that too.

One thing I would like to add is that the majority of complaints re mobile phones seem to be third party companies, i.e. phones4U, Carphonewarehouse etc, my personal experience is that the mobile providers (T-mobile, Orange, O2) have much better customer service, tho still not perfect.
 
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seedling

New Member
Nov 11, 2011
3
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they have offered to replace the phone and also with a different model which is great BUT

this is what i dont like its a refurbished handset, am i in my rights to demand a brand new handset as they seem to think that they can just fob me off with this phone that has been used by someone else and parts been replaced ie cover etc
 
W

Witch consumer

Moderator
Sep 8, 2008
1,593
3
0
Debtors retreat
I don't think they have to replace it with a new hadset (unless you bought it rather then got it as part of a new contract or as an upgrade)

I am more than happy to be proved wrong, but I think they only have to supply you with a working phone with similar functions.

If you don't get any joy once you have been through their complaints procedure you can forard your complaint to Ombudsman Services: Communications
 
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