Faulty Phone - Replacement?

JulianJ505

New Member
Apr 23, 2009
2
0
0
As a long standing customer of Orange, I recently upgraded my phone via a high street shop as my existing contract was coming to an end. I signed up for another 18 months and as I had been shown (and played with) the new phone, I waived my rights to the cooling off period.

However, over the next copule of weeks I noticed some serious faults with the phone (touch screen freezing, not allowing incoming/outgoing calls or texts even though there was full signal etc).

I researched this extensively online and these problems are very very common amongst users of this phone - they are well documented faults. When I rang the shop, they said they could ony replace the phone with an identical one as this was now policy within their T&Cs of the contract I had signed. I understand that this policy was changed at the end of 2008, as previously I had been able to swap phone models when one went wrong.

I do not want an identical phone as many people in the forums are continuing to have the very same problems with their identical replacement phones.

As these faults are well documented with that particular model, am I within my rights to demand a different model?

I do not want to be stuck with faulty handsets for the next 18 months!! I am just within 28 days of 'purchase' (date of new contract if that makes a difference.

Thank you for your prompt assistance
 

Catriona

What Consumer Founder
Jun 23, 2008
896
6
0
Julian, I can understand your loss of faith in the product, but to the law requires you to have experienced these faults time and again before you can legitimately claim loss of faith and request a refund. Under Sale of Goods, the supplier are acting correctly and need only provide you with a repair or a replacement in that order.
 

JulianJ505

New Member
Apr 23, 2009
2
0
0
Thank you Catriona,

Is there a statutory number of times the fault has to occur before an alternative product can be requested/demanded?
 

Witch consumer

Moderator
Sep 8, 2008
1,593
3
0
Debtors retreat
Incidentally, thee faults on these phones are generally a software problem which is fixed by the manufacturer once they are aware of the fault so a replacement model wouldn't necessarily have the same fault.
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
38
Bolton
Thank you Catriona,

Is there a statutory number of times the fault has to occur before an alternative product can be requested/demanded?
Nothing is defined it is all about what is reasonable, over three is unreasonable though. The law doesn't provide a mechanism to get a different model - it is repair, replace, refund in that order. Obviously, if you get a refund you can choose a different phone though.

Witch Consumer is right Microsoft are not the only ones shippy buggy software, phone software is buggy too. Often times you can download the latest version and install it yourself - I know Nokia let you do this.

HTH

Tony