Phone replacements/repairs

makeitup

New Member
May 17, 2013
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Hi

Around April 2012 (on my phone bill the Insurance Excess is dated as 12th April 2012), I called Vodafone as my Bold 9700 started developing faults. I had to make a claim on insurance as it was out of warranty and instead of having a replacement phone sent by courier the next day (as it was in the previously) I now had to have it sent off to be repaired. I took my phone in to the shop, a couple of weeks later I was given a refurb phone replacement. Within a week that phone developed a fault, after an unhelpful phone call to Vodafone, I went back to the shop who after sending the phone off replaced it with another faulty refurb phone. After calling again, Vodafone couriered a refurb phone that was filled with scratches and unacceptable. Again I called Vodafone who said that as there were no 9700s available they can only offer me a phone worth £32 after complaining they offered me a Curve or a 9780. They were due to pick up the faulty phones but only did after a few phone calls. This all took about 3 months to sort out.

Around December 2012, my phone slowly started developing faults. Due to being away, work commitments, the hassle of having to go to the Vodafone shop (nearest isn't the easiest place to go to) and various other things I only called Vodafone around March 2013 and to make a claim on the insurance as its been outside of the year (which I now realise isn't the case) (Insurance Excess date is 17 March 2013) I took the phone into a different shop to be sent off. When I picked it up they said they updated the software (the software was most up to date when I gave it to them) and fixed it but they actually replaced it. Recently the phone has been developing faults again and it seems this just keeps going round in a circle. I'm planning to go straight to the Vodafone shop to have it sent off to be repaired on Sunday.

I'm not in a contract and tbh I refuse to go back into a contract with Vodafone as the past year hasn't filled me with confidence. I want to get a new phone and am willing to buy the phone outright. However my biggest problem is if the phone develops a fault within a year or even within the duration of a contract and they are unable to repair it so have to replace it, it gets replaced with a refurb phone. Is it me or is it mad to spend up to £600 on a brand new phone only to replace it with a used phone? I find it incredibly unfair that you spend all that money plus excess for them to not be able to replace it with a new phone. I've spoken to various Vodafone shop workers (much more helpful than the call staff) about this, one has said that they don't understand it either and that it's cheaper to just replace the phone. Another said Vodafone changed insurance providers who now require phones to be sent to get fixed instead of replaced.

I'd like to know what is my rights if I were to buy a brand new phone and end up having it replaced with a refurb? Is this actually acceptable?

Any help will be greatly appreciated!

Thank you
Michelle
 

ALewis

Moderator
Nov 23, 2010
691
4
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South Wales
Hello,
Receiving a refurb is most common now unfortunately, and this will be stated within the T's & C's that you agreed to upon entering the contract, so unfortunately whether you like it or not - you agreed to it.
There is a Vodafone employee who checks this forum for complaints and I'm sure he will post here for you soon with contact details etc and he'll see what he can do for you.

But as far as legalities go - they're not doing anything wrong.
Note: in future, don't take out the insurance (in my opinion at least) it's a gimmick. SOGA will cover you in most cases - unless the insurance covers accidents of course!
 

Witch consumer

Moderator
Sep 8, 2008
1,593
3
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Debtors retreat
Sorry not sure if I have understood this correctly, can you confirm whether you are in a contract with Vodafone or not.

If you are in a contract, then what Adam says below is correct but if not and you bought the phone from them, it is just a purchased item covered by SOGA so they can't replace it with a scratched, second hand phone any more than Argos could provide you with a scratched, second hand telly!
 

makeitup

New Member
May 17, 2013
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Thank you both for your quick replies.

I got the phone as part of a contract but I'm not in a contract atm.

Sorry I'm a bit confused, if I buy a sim free phone and it develops a fault, they are not allowed to replace it with a refurb? But if I go into a contract, they can replace it with a refurb phone?
 

Witch consumer

Moderator
Sep 8, 2008
1,593
3
0
Debtors retreat
Yes that about sums it up, the purchase of a new phone without a contract is covered by SOGA as any other purchase would be, a phone as part of a contract is covered by contract law and they must provide you with a working phone as part of that contract (and the type of phone you choose is also part of it) therefore they can provide a refurbished handset but it must be the same or of equal spec to the one you took when you took out the contract and it has to work!