Dodgy phone, sale of goods act

[ASB]

Phone is 11 months old and had gone a bit bonkers. Orange are quite adamant that they don't need to replace it and I must go via manufacturer (or pay for a replacement). My view of course is "crap" - "sale of goods act mate".

So question is:-

1) Which bit of the SOGA is it (can't find the specific bit)
2) Where does proof of defect and merchantable quality lie (clearly it isn't of merchantable quality). Is it assumed defective given the comparatively young age of the phone or is it down to me prove defect?

Suggestions?

Cheers.

[TheFaQQer]

You have no contract with the manufacturer. You only have a contract with the supplier.

They supplied you with goods that are not fit for purpose - they should repair it for you.

[ASB]

You have no contract with the manufacturer. You only have a contract with the supplier.

They supplied you with goods that are not fit for purpose - they should repair it for you.

Yes, I know that. It's trying to get orange to see it.

[TheFaQQer]

http://www.consumerdirect.gov.uk/bef...mobile-phones/

The trader must sort out your problem, not the manufacturer

Remember, if you are entitled to a refund, replacement, repair or compensation, it is the trader who must sort out your problem. The trader cannot tell you to go back to the manufacturer or to claim through a guarantee or warranty.

[FarmerPalmer]

http://www.consumerdirect.gov.uk/bef...mobile-phones/

Did you but it personally or as a business ?

A business does not have the same 'consumer' rights as a consumer.

Give Consumer Direct (Office Of Fair Trading's helpline) a call and they will advice.
I have found them very helpful.

http://www.consumerdirect.gov.uk/aft...ights/mobiles/

[ASB]

Did you but it personally or as a business ?

A business does not have the same 'consumer' rights as a consumer.

Give Consumer Direct (Office Of Fair Trading's helpline) a call and they will advice.
I have found them very helpful.

http://www.consumerdirect.gov.uk/aft...ights/mobiles/

It's personal. Having escalated it their somewhat dubious claim is that the handset is not part of the airtime contract (true) and was therefore a gift and is not covered. Hmm. Writing to customer services:-

-------------------------

Last December I purchased the above mobile phone from you. This was an inducement to enter into an 18 month airtime agreement. The sale of goods act requires that this should be of merchantable quality. This phone has now developed a fault – with the touch screen behaving erratically.

Under the act you are required to provide a repair or replacement, this must be at no cost to me and without causing inconvenience. The responsibility lies with the seller, not the manufacturer. I understand that the handset is not part of the airtime contract, however it is still covered by the sale of goods act – it was a supply for the purposes of the act. If there were no contract for sale related to the handset then I could simply have cancelled the airtime contract (under the distance selling regulations) and kept the handset as a gift. In any event no contract can remove my statutory rights.

Either of the following would provide acceptable redress:-

You simply provide a replacement handset (a similar make and model would be acceptable if you are unable to provide the same model). You arrange collection of the defective handset.

You provide a temporary loan handset of a similar make and model, collect the defective handset and arrange its repair or replacement. You then return the repaired or replaced handset directly to me.

Clearly it is unreasonable to expect me to transport myself and phone to a local Orange store to arrange this, this involves me in direct cost and inconvenience which is in contravention of my legal redress.

I look forward to your prompt reply.

--------------------------

Will see what happens, usual problem of course is "is it worth the effort".

[TheFaQQer]

Orange customer services used to be VERY good, but have gone downhill in the past few years (I think).

There is a thread on the moneysavingexpert.com forum about whether the phone is part of the contract or not - might be worth a read. I've closed the tab or I'd paste the link in.

[SueEllen]

Orange customer services used to be VERY good, but have gone downhill in the past few years (I think).

There is a thread on the moneysavingexpert.com forum about whether the phone is part of the contract or not - might be worth a read. I've closed the tab or I'd paste the link in.

If the phone is locked to the network then how can it not form part of the contract?

[northernladuk]

Phone is 11 months old and had gone a bit bonkers.

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?

[Beefy198]

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.

To be honest, it's lucky that they haven't looked at it yet. Most mobile phone companies nowadays take the phone back and then tell you that it was caused by water damage.