yet another faulty sony erricson

G

grinningbiker

New Member
May 18, 2009
2
0
0
Hi,
I had the sony erricson C905 on contract with O2 from CPWH.
After about 3 months it started playing up:

*going to a black screen like it was off then coming back on again.
*freezing.
*cutting off during phone calls.

I put up with it for a while but after a few weeks it got so bad i dreaded using my phone and called O2 and they told me to take it back to CPWH which i did but the bloke who i saw was quite arrogant and tbh i wished i never bothered,anyway he told me they could fix it but it would take upto 5 days, i asked for a loan phone and he said they don't do loan phones,well we do but you have to have insurance......i do have insurance on my phone!! i told him..he's reply was well we still dont have any loan phones!!!

Anyway i agreed to them fixing it after a while of me saying i might just ask for a new phone and the clerk telling me they wont replace it as i have had it for 5 months ect..

Well they did a service upgrade or something which worked ok for a week and now my phone which is still less than 6 months old on an 18 month contract and what i insured is still playing up,cutting off,going black half way thru a text reply ect..



What are my rights please?
Can i demand a new phone or do i have to keep having this fixed to no avail and waiting without a phone to get this one repaired??
I feel so frustrated about this and i wished i never bothered having another sony erricson..
My K800i and my sisters walkman both do/did/had these same problems.
 
Tony

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
38
Bolton
Hi,

The standard order is repair, replace (like-for-like) then refund with discount for usage.

You have to give two or three attempts to fix it, the law doesn't say how many you just have to give them a reasonable chance to fix it.

wrt to the loan, you can argue that you will be significantly inconvenienced by not having a loan phone and if they don't lend you one you will report them to Trading Standards.

Section 48 of the Sale of Goods Act

48B Repair or replacement of the goods


(1) If section 48A above applies, the buyer may require the seller -

(a) to repair the goods, or

(b) to replace the goods.

(2) If the buyer requires the seller to repair or replace the goods, the seller must -

(a) repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;

(b) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).
Click to expand...
 
G

garethsmyth

New Member
May 20, 2009
9
0
0
Bolton
Hi,

I do agree with what one of the replies stated above regarding section 48 of the Sale of Goods Act 1979 ("SOGA") in part, however the wording of the section is that the buyer may require the seller, that is to say it is at you discretion whether or not you ask for a repair or exchange. You are entitled at this stage to rescind your contract, that is ask O2 to put you in the same position you would have been in had the contract never been entered into. They may deduct a reasonable amount from the money you have paid them thus far in consideration for the use you have had per se section 48c SOGA. It is probably better to go down the route of the supply of goods and services act however under section 11 M which is identical to the SOGA. If they refuse then I suggest writing to them with a seven day notice of intended county court action letter; and then issuing proceedings. I must admit I had the same problem with orange, with the same phone. I demanded an exchange they refused, as soon as I threatened them with court action, they reimbursed everything I had paid to them and cancelled my agreement with immediate effect.

Hope this helps; let e know if you need any further help.
 
Tony

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
38
Bolton
Hi Gareth,

The standard custom and practice, which relates to reasonableness, fairness and proportionality, is that traders are given the opportunity to repair first. For example, would you demand a new car, if the one you bought had a broken wing mirror.

Tony
 
G

garethsmyth

New Member
May 20, 2009
9
0
0
Bolton
Hi Tony,

Whilst I accept your point; that is not what the act says, using the literal rule to interperate same. In theory if a new car had a broken wing mirror you are within your rights to reject the goods as you are if your new snooker table had a mark on it. The act clearly makes provisions for minor defects as not conforming to the contract of sale and thus a breach. There is no indication from the act or recent case law, that suggests the retailer or manufacturer must be given an oppurtunity to repair or as the case may be replace before rescission, but rather, if you opt for replacement or repair you give the seller a reasonable time to carry this out.

Gareth
 
You must log in or register to reply here.
Top Bottom