Orange Refusing to Repair 7 month old Phone

Tatey

New Member
Oct 16, 2009
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I am currently having issues with Orange.

I took out an 18 month contract with them last December, i received a Sony Ericsson C905 as part of my contract (I paid £160 for the phone) , a month later the phone developed a fault (the slider was misaligned and scratched the key pad, this was a common fault), Orange sent me a new phone and took away my faulty one. 7 months later the new phone has developed a new fault, the earpiece speaker has failed, meaning when phoning someone, they can hear me, but i can't hear them. I can hear them when i put them on speaker phone though.

I rang Orange trying to get my phone replaced but they have refused, saying that because the phone is more than 6 months old, that i need to send the phone to Sony Ericsson to be repaired. After doing some research i feel that this is untrue. I emailed Orange to say that i was not happy with them telling me to send the phone to SE as i feel they should repair the phone as they were the ones who sold me the phone, and i quoted the Sales of Goods Act, to which they keep trying to fob me off with, saying:

'The Sale and Supply of Goods to Consumer Regulations 2002 relate to - if a fault develops within the first 6 months then it is deemed that the fault was apparent at the point of sale and the consumer needs to return to the place of purchase. After 6 months of usage the onus is then reversed and it is up to the consumer to prove the fault. As the equipment is now over 6 months old the customer would need to contact the manufacturer of the goods in order to obtain a repair/replacement of goods.'

I have replied back to them to show me where it says in the sales of goods act that i need to send the phone back to the manufacturer because it is more than 6 months old. And i linked them to the this Citizens Advice Bureau show that they are either misinterpreting the act, or trying to fob me off:

Could someone please confirm that i am actually in the right on this issue, and Orange are in fact just trying to get out of their legal duties? Or am i actually misinterpreting the act?

If i am in the right and Orange still deny that they need to repair or replace my phone, where do i stand? What can i do to convince them that they need to?

Thanks
Simon
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
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Bolton
Hi Simon,

When something is older than six months the burden of proof lies with the consumer to demonstrate that the fault was not caused by misuse. If this is the case they should pay for the report and it is their responsibility to the phone.

Tony
 

Tatey

New Member
Oct 16, 2009
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In the last email i sent Orange i told them i would be more than happy to take the phone to an Orange shop to prove that the phone is faulty, it is also a very common fault with this phone and Orange have even said that to me. How would i go about proving that the phone hasn't been misused? Is the fact that it is a very common fault justification enough? Orange also gave me a fault code when i initially rang up.
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
38
Bolton
The normal way of doing it would be to get an independent engineer's report. It does seem ridiculous in this case as it is a known fault, have you asked to speak to a supervisor?

Tony
 

Tatey

New Member
Oct 16, 2009
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Currently i am having an email discussion with a team leader at orange, he is the one who is giving me all of the speel about having to return it to SE.

He originally emailed me my proof of purchase so i could return it to SE, until i decided that Orange should be the ones to foot the bill to return the phone.

SE have a freepost address to send the phone to but im not willing to risk sending the phone via royal mail, especially when it would only be insured up to £36 unless i pay for special delivery, which would only be around £5, but still, why cant orange pay that?

So where do i stand if Orange still refuse to repair the phone or foot the bill to send the phone back to SE?
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
38
Bolton
Tell him you are going to report it to Trading Standards. They will log it and will have a contact in the Orange executive office to deal with escalated complaints.

Tony
 

KuSam

New Member
Nov 12, 2009
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Hi

I am currently in a situation similar to this.

I upgraded my phone with Orange and started a fresh 18 month contract in April and paid £125 for the Sony Ericsson C905 model. Not long after (a month?) the earpiece went as you mentioned above. After searching the internet I found this was a very common problem. I rang Orange who sent me out a new handset the next day. Great result.

But in July, the second handset developed faults. Would not always turn on or charge up....again I rang Orange and again they replaced the handset as it was only 3 months from beginning of contract or 2 months since the replacement had been sent.

Yesterday my phone went funny. I had been in an area for 2 days where there was no signal. My phone showed the usual No Network Coverage message on the screen. I had used the phone to take photos and therefore did not switch it off even though no signal. The phone has not recovered any signal and there are lots of faults on the phone. The themes have all vanished, writing has changed colur making it impossible to read, cannot charge it up as it says I need to use a Sony battery, no signal, no internet..phone is useless basically.

I rang Orange straight away but they have now fobbed me off and told me I need to contact Sony as they only give a 3 month gaurantee on a replacement so i am just out by about 14 days. This does not make sense to me. If they gave me a new handset in July then I think you should start with 6 months guarantee again. He said it sounds like my software has crashed on the phone (again, this seems a common fault after searching the net, a proper problem phone!!). I have yet to ring Sony but I feel really it should be Orange who change it again, after all it has gone faulty to the point that it cannot be used at all after just four months.

What would be your advice in this situation anybody? Sorry to hijack the thread but I also wanted the OP to know that it certainly is a common fault what he has experienced and I hope he manages to get sorted.
 

Tatey

New Member
Oct 16, 2009
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I managed to get my problem sorted in the end. Orange agreed to pay for special delivery next day postage for me to send my phone back to SE and refunded me a months line rental due to the postal strikes, i then checked my account and they have credited me £39 (£17 more than they should have) so im definatly not complaining. Orange told me that the phone has a 6 month warranty, so each phone you have recieved from them will have a new 6 month warranty, so they are trying to fob you off saying its only 3 months. I have the email address of a team leader down at orange if that could be of any help to you?
 

KuSam

New Member
Nov 12, 2009
2
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Hi Tatey

Thanks for the reply. Glad you got it sorted and with a bit extra too! I still haven't rung SE. I am considering ringing Orange back first, espeically now I know that you were told each new phone has 6 months warranty. You can PM me the name of that team leader in case I don't get any joy on the phone!

Thanks
Sam