Faulty Mobile Phone - Please help

Cheryl79

New Member
Apr 22, 2009
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Hi

I'm wondering if you could please help explain what my rights are regarding a faulty mobile phone.

I took my contract out with Orange in May 2008 for 18 months with a Sony Ericsson W910i mobile phone. During the first week of receiving the phone I noticed that there was a fault and my phone was replaced without any problems.

However, I have recently started to experience a problem with the phone where it switches itself off. A problem I have also found that friends and family with the same model phone are having. I rang Orange 2 weeks ago to explain the problem and they advised me that it was due to using 3G and advised me to turn this off, which I did. However the problem has still continued. Then i recieved a phone call from a friend on Sunday to advise me that her phone switched itself off and no wont come back on.

I rang Orange on Sunday and explained that my phone was still experiencing problems and explained about my friend who had the same problem. I told them I was worried as I was coming to the end of my 12 month warranty and I wanted to resolve the issue before I lost full functionality. I was advised that it wasnt happening often enough for it to be considered an issue and they advised me to purchase Orange care cover, which I pointed out surely insurance wouldnt cover me for a problem I have already raised. He then agreed and advised me to go onto the manufacturers website and download a software upgrade as it is a problem that these models where having.

I spoke to my friend and my cousin who both have the same phone, they both rang O2 they have no extended warranty or insurance and they have been issued with new model replacement phones.

I rang back Orange on Tuesday to ask why they were not prepared to offer me a replacement like O2 and they said that as the 6 months for which they cover the product for it was down to the manufacturer which I needed to contact myself or I could pay £70 and have a replacement phone.

I have rang back today again to complain with Orange and the guy I spoke to basically said it was my own fault for not taking out Orange care, when I tried to explain that there is a fault with the phone it was not something I had caused he said it made no difference and basically told me I should purchase a new phone for the remaining 6 months of my contract.

I just want to know if anyone has any advice on what I should do and what my rights are regarding this problem.

Sorry to ramble on for so long, any help that you could give would be appreciated.
Many thanks, Cheryl
 

Witch consumer

Moderator
Sep 8, 2008
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Debtors retreat
Sounds like they're giving you the runaround, telling you one thing and then the other and basically fobbing you off, the phone is guaranteed and Orange are responsible, if they have an issue with a certain model it is up to them to take it up with the manufacturer.

Take it into the shop and tell them you want it repairing or replacing, they probably won't give you a temporary replacement phone and charge to 'loan' them out so see if a mate has one to lend you first.

If you don't get anywhere, you will then have to follow their complaints procedure.

Incidentally my son had the same problem and had his repaired twice and finally replaced by O2.
 

Cheryl79

New Member
Apr 22, 2009
2
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Hi
Thanks for replying to me so quickly, the whole situation is really starting to get me down now :(

If my phone goes off for repair during this next week (as my 12 month warranty ends at the end of this month) and it is sent back to me supposedly repaired and then it breaks or the same thing happens during the next 6 months before my contract ends will I still be covered????

Thanks
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
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Bolton
Cheryl.

The Sale of Goods Act would cover a phone for a few years, so yes you are covered.

With regard to a loans, you can insist on this is not having a phone is a significant inconvenience - I would argue that it is these days

Again this is your right -
In the first instance the seller must offer to at least repair the phone. They must do this within reasonable time, at no additional cost to you and without causing any significant inconvenience.
From: Mobile phones - consumer choice and consumer rights | Consumer Information

Tony
 

steve76

New Member
Jan 12, 2010
1
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I am in a contract with Orange and have been since September 2009. I had a Sony W995 which developed a fault. It was returned to orange and a replacement given. Same thing happened again and i was offered a phone exchange for a different model (not of my choosing). I had to accept as I would have been without a phone. Orange said it would be a like for like swap but there is no way that is what I have got. I have tried to speak to orange to complain but am getting nowhere fast. Where do I stand as getting a replacement phone of MY choosing. I am stuck with them until March 2011 and I would like it to be with a phone I want not them. Pleeease help
 

charlie42

New Member
Feb 23, 2011
2
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i have the same issue as yourself i was offered a bottom of the range phone against a Blackberry Bold so did not accept replacement and complained to Carphone Warehouse as Consumer Rights do state Like for Like and my phone is still on thier premises after a week due to not having any blue bags to send it for repair!!
 

Borntoshop

New Member
Feb 28, 2013
1
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I have been with T Mobile for a few years now and currently in a 24month contract but my HTC phone is faulty. I took it back to the shop and they sent it away. When it came back it wouldnt even turn on. So they sent it away again. It returned this week and still doesnt go. Wont turn on or charge. They have given me a loan phone but its basic so im paying for internet and cant even use it. I have left the phone with them telling them I want it sorting. Just wondering where I stand as to them giving me a new replacement.:)
 

Witch consumer

Moderator
Sep 8, 2008
1,593
3
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Debtors retreat
The phone forms part of the contract so they have to supply you with a working one, I would be seeking a refund on a portion of your bill for lack of internet access.

They do not have to provide you with a new replacement, they can provide you with a used handset of similar spec.