Dodgy phone, sale of goods act

[vetran]

Acording to 'don't get screwed' (bbc 3 after eastenders - yeah I know the wife likes it) a free gift is part of the contract, which is with the seller and they have to solve it.

Of course most companies seem to have the morals of sewer rats enjoy the chase.

[Punter]

What kind of phone is it? I bet it's a Blackberry.

O2 pulled the same trick on me. Condensation caused the keypad to stick and repeat characters, making it impossible to login and use. The in-house, (read RIM-sponsored) lab they use said there was water damage, which invalidates warranty and my household insurance policy.

I could get an independent lab's report (cost, who knows) or O2, the airtime provider, would kindly release me from the contract with an extortionate penalty payment, more than it's worth.

Suggest you try Trading Standards, or failing that, eBay.

[Platypus]

Of course most companies seem to have the morals of sewer rats enjoy the chase.

That's one of life's major annoyances. Nobody gives a rats ass about their customers any more. Once you've bought it, you're screwed.

[ASB]

All great advice but poor description of the problem that really it all hinges on. Your phone being 'bonkers' isn't exactly a good cornerstone for a succesful campain. How can you use the SoG's when you haven't told us how the phone is unfit for use. Does it auto pick things near the top left of the screen where coincidently there is a big dint from a drop etc. At least start with a good description of the fault,

So you have to go via the manufacturer. Have you actually tried this? Maybe they will just say fine, send it back we send you new one. Problem solved. You have to speak to someone to get it fixed so whats it matter which company it is. You havn't investigated your options first. SoG's and a lot of other laws only tend to favour people that have lost out. So far you havn't lost out.

The phone isn't part of the contract IMHO. It's purchased as a one off and even less of contract if it was a free one. You can use your sim/number on other phones. What does it matter what happens to the phone over the 18 months so how can it be part of the contract?

I understand your frustration here and you could still be right, just might be lack of info in post and assumptions made but need to post detailed info if you are gonna follow SoG and other procedures?

Lol. I had assumed you could read. Obviously not. Granted I did describe it as bonkers in my first post. Of course you didn't need to read my second post to start your usual bilious response.

The issue with using the manufacturer is simply cost and inconvenience. I don't see why I should pay to cause rectification, I don't see why I should be without my phone for 28 days. The acts - if covered - provide for repair at no cost and limited inconvenience.

[ASB]

As it is over six months old, the onus is on you to prove that it was faulty at the time of sale, so you will need to pay for an engineers report. If it is found to have been inherently faulty this cost has to be reimbursed to you by Orange.

That is at least a little questionable. There is an EU directive which was required to be implemented in all member states. This gives all electrical items a minimum 2 year warranty and places the burden of proof on the vendor. Whether or not we have actually implemented this, don't know.

[NotAllThere]

...
Of course most companies haven't the morals of sewer rats ....

ftfy

[LisaContractorUmbrella]

That is at least a little questionable. There is an EU directive which was required to be implemented in all member states. This gives all electrical items a minimum 2 year warranty and places the burden of proof on the vendor. Whether or not we have actually implemented this, don't know.

Not 100% sure so don't quote me but I believe that if we have adopted that warranty system it would be accepted as being reasonable if the seller refered the product back to the manufacturer with a view to repairing it. With regard to the sale of goods act I believe that you would have to prove that the phone was not fit for sale at the time of purchase i.e. not of merchantable quality which could be difficult 11 months down the line. Had a similar thing happen after about 3 months - the engineers report came back that the phone had got wet - I knew it hadn't but couldn't prove it - pretty much a lose, lose situation.

[ASB]

Not 100% sure so don't quote me but I believe that if we have adopted that warranty system it would be accepted as being reasonable if the seller refered the product back to the manufacturer with a view to repairing it. With regard to the sale of goods act I believe that you would have to prove that the phone was not fit for sale at the time of purchase i.e. not of merchantable quality which could be difficult 11 months down the line. Had a similar thing happen after about 3 months - the engineers report came back that the phone had got wet - I knew it hadn't but couldn't prove it - pretty much a lose, lose situation.

Part of the sale of goods act includes durability. The stte it was in at the time of purchase is irrelevant in that respect.

Yep, know your point about wet. Can't disprove it and it seems to be the standard answer. Though I did get a phone very wet once, I got chucked in a mates swimming pool. Phone was actually fine!

[SantaClaus]

Maybe in future just get decent phone insurance.

I pay £3 a month on Vodafone to insure a £500 phone against accidental damage.

[BolshieBastard]

As the phone has developed a fault after 6 months, they do not have to replace it. They have to fix it.

The SOGA stipulates that where a fault develops within 6 months of purchase, the fault was inherent at time of purchase and the goods should be replaced or made good as new.

The SOGA makes clear the warranty is with the supplier not the manufacturer.