They have offered to repair it but im not happy with that. Its only 2 months old and should not be faulty.
I have spent over 2 hours on the phone to them this evening they were incredibility rude just spouting i only have 30 days to change the device even if its faulty. Not listening to a word i said just waiting till i stopped then saying the same 30 days patter again.They refused to believe me when i said i had 6 months under uk law and refused to transfer me to somebody in the UK to discuss this matter with them.
I was even told on several occasions in my 2 hour call that my contract with Vodafone was above the UK law and because i had agreed to the terms and conditions UK law did not matter
Ofcom complaint against vodafone. Report all those statements they will be in trouble just for saying them.
My complaint is after 2 months a device which I am locked into a 24 month contract on should not develop a fault. Everything that has happened with this device has resulted in me losing confidence in the brand and device I have. I have already been without a fully functioning phone for a few days now and do not want a repeat of this on a "fixed" phone further into my contract as I feel it will be much harder to get a resolution im happy with.
I have been a customer for close to 10 years and have never even attempted to return a device to Vodafone its not like im doing this every time I get a new contract.
If the device was fully functional then I would be happy and not having this conversation, it is only because it is broken that I have lost confidence.
Yes, it "should not" have happened, but it did so you have to deal with it. You don't have the right to a replacement without them inspecting it and declaring it beyond repair.
In the few days you've been without it working, it could have been back there and diagnosed already. So get it sent off as soon as possible and get the process moving.
I know you think you're playing hardball, but it won't work, they are Vodafone, if they don't pay their taxes do you think they honestly really care about how you feel about them? Your length of service doesn't give you any loyalty from them in return, or special privilege to be treated nice. They are getting your money regardless of how long you drag your feet and hold out for something you won't get.
If it's a simple repair the phone will be as good as new, and you'll be fine and dandy. If it's a tricky repair then they may send you a replacement anyway, and you'll be fine and dandy.
There are only two scenarios where you're not fine and dandy - 1. You keep holding back on accepting their repair offer or 2. you send it for repair and it comes back no better or even worse, in which case you start over and you have a stronger stance for asking for a replacement as the fault clearly isn't repairable.
The only scenario where nothing at all happens is the one you've chosen.
My complaint is after 2 months a device which I am locked into a 24 month contract on should not develop a fault. Everything that has happened with this device has resulted in me losing confidence in the brand and device I have. I have already been without a fully functioning phone for a few days now and do not want a repeat of this on a "fixed" phone further into my contract as I feel it will be much harder to get a resolution im happy with.
I have been a customer for close to 10 years and have never even attempted to return a device to Vodafone its not like im doing this every time I get a new contract.
If the device was fully functional then I would be happy and not having this conversation, it is only because it is broken that I have lost confidence.
Doesn't matter how far into your contract you are, things break. Always have, always will. Yes of course it would be nice if things didn't break, especially so soon after getting them. But nothing is perfect.
You are entitled to a repair and if that is not possible a replacement. But unless you give Vodafone the opportunity to at least look at the phone you won't get anything. There is every chance that they will in fact just replace it and there is nothing to say the replacement won't work perfectly. Unless there is some inherent fault that cannot be fixed like the Note 7 battery issue.
I have spent over 2 hours on the phone to them this evening they were incredibility rude just spouting i only have 30 days to change the device even if its faulty. Not
listening to a word i said just waiting till i stopped then saying the same 30 days patter again.They refused to believe me when i said i had 6 months under uk law and refused to transfer me to somebody in the UK to discuss this matter with them.
I was even told on several occasions in my 2 hour call that my contract with Vodafone was above the UK law and because i had agreed to the terms and conditions UK law did not matter
Ofcom complaint against vodafone. Report all those statements they will be in trouble just for saying them.
Why? Nothing Vodafone has said there is actually wrong.
You only have a right to a replacement if you reject the goods as faulty within a reasonable time - usually this is on delivery, but you are allowed up to 30 days to do this.
If you reject the goods as faulty after 30days but before six months then the onus is on you to demonstrate the foods were faulty when new and not as a result of wear and tear. Even then, the vendor has the right to offer a repair or a replacement.
Vodafone is correct, their contract offers above the minimum, in that they are not asking the OP to prove the inherent fault before offering a repair. They also offer a replacement if you're not happy in any way within the first 30days. (Although I think this may come from distance selling regulations.)
Why? Nothing Vodafone has said there is actually wrong.
You only have a right to a replacement if you reject the goods as faulty within a reasonable time - usually this is on delivery, but you are allowed up to 30 days to do this.
If you reject the goods as faulty after 30days but before six months then the onus is on you to demonstrate the foods were faulty when new and not as a result of wear and tear. Even then, the vendor has the right to offer a repair or a replacement.
Vodafone is correct, their contract offers above the minimum, in that they are not asking the OP to prove the inherent fault before offering a repair. They also offer a replacement if you're not happy in any way within the first 30days. (Although I think this may come from distance selling regulations.)
Not true...the first 6 months the onus is on the retailer to prove the goods were not faulty. After the first 30 days the retailer has the option to try and repair or replace the item, the customer doesn't have the right to reject the item after those 30 days, and must let the retailer try and fix the problem.
My complaint is after 2 months a device which I am locked into a 24 month contract on should not develop a fault. Everything that has happened with this device has resulted in me losing confidence in the brand and device I have. I have already been without a fully functioning phone for a few days now and do not want a repeat of this on a "fixed" phone further into my contract as I feel it will be much harder to get a resolution im happy with.
Good as it is the UK Consumer Rights act doesn't give you that option. You only have 30 days after the sale to reject the goods. After that repair or replacement is at the retailer's discretion with you possibly having to prove an existing fault after six months.
If you keep pressurising Vodafone they might give in but legally it sounds like they are doing what is required of them.
Not true...the first 6 months the onus is on the retailer to prove the goods were not faulty. After the first 30 days the retailer has the option to try and repair or replace the item, the customer doesn't have the right to reject the item after those 30 days, and must let the retailer try and fix the problem.
Yes, you're right, it swapped over with the new consumer right act.
But you have to send it back to them for a repair or replace, you don't get an automatic replacement option. Only if the first repair is unsuccessful you then get a right to a full refund.
Doesn't matter there attitude is terrible expecially for a company with their complaints level.
They have offered to try and fix it...which is what they are required to do...there attitude probably comes across from someone spending over 2 hours on the phone to them arguing about their rights and consumer law, even though the person arguing these laws is in the wrong at this moment in time.
My complaint is after 2 months a device which I am locked into a 24 month contract on should not develop a fault. Everything that has happened with this device has resulted in me losing confidence in the brand and device I have. I have already been without a fully functioning phone for a few days now and do not want a repeat of this on a "fixed" phone further into my contract as I feel it will be much harder to get a resolution im happy with.
I have been a customer for close to 10 years and have never even attempted to return a device to Vodafone its not like im doing this every time I get a new contract.
If the device was fully functional then I would be happy and not having this conversation, it is only because it is broken that I have lost confidence.
I wouldn't want it fixed either as terribly reasonable as that might be. At only 2 months old why would I want what is basically a refurbished phone? No thank you, I would like a new one. It is not fit for purpose and you should aggressively pursue a replacement / refund, if not solely because of their idiotic assertions that Vodafone's policy overrides the law. I imagine you will win when you find the right person to vent your grievances at.
I wouldn't want it fixed either as terribly reasonable as that might be. At only 2 months old why would I want what is basically a refurbished phone? No thank you, I would like a new one. It is not fit for purpose and you should aggressively pursue a replacement / refund, if not solely because of their idiotic assertions that Vodafone's policy overrides the law. I imagine you will win when you find the right person to vent your grievances at.
You do not have the automatic right to a replacement or refund after the 30day rejection period has ended. You can only ask for a repair or replacement at the discretion of the retailer. If a repair is not possible for whatever reason then the item can be replaced. If the replacement item does not solve the initial issue then you can ask for a refund.
You could get a refund if the repair/replacement is not possible or would take an unreasonable time or cause significant inconvenience.
I wouldn't want it fixed either as terribly reasonable as that might be. At only 2 months old why would I want what is basically a refurbished phone? No thank you, I would like a new one. It is not fit for purpose and you should aggressively pursue a replacement / refund, if not solely because of their idiotic assertions that Vodafone's policy overrides the law. I imagine you will win when you find the right person to vent your grievances at.
Then you don't know the law...what you want is irrelevant.
I wouldn't want it fixed either as terribly reasonable as that might be. At only 2 months old why would I want what is basically a refurbished phone? No thank you, I would like a new one. It is not fit for purpose and you should aggressively pursue a replacement / refund, if not solely because of their idiotic assertions that Vodafone's policy overrides the law. I imagine you will win when you find the right person to vent your grievances at.
No, you would have a 2 month old phone that is working instead of 2 month old phone that is not working.
If the fault persists after the repair, then your right to a full refund kicks in, but not before.
Yes, in its current state it is "not fit for purpose" but a repair could make it fit again, and you will then have what has been paid for.
And no matter how aggressively the OP pursues a replacement, he isn't going to get one automatically. He may get one if the vendor decides the fault isn't reasonable to repair, but it's their call, not his.
On the last item there, the Vodafone policy in this matter is actually giving options beyond your basic rights in law. I think the OP misunderstood that "going beyond" as "overrides" which it certainly does not.
My Samsung Galaxy S7 Edge keeps turning off and restarting (upto 10 times a day) and getting extremely hot, its caused blistering down the side of the device.
Vodafone have refused to change it for another device as its over 30 days old. However i believe the device had this issue from the begining and is not fit for purpose.
What can i do to get a new phone (non Samsung) what are my rights or am i stuck with it?
But it's taken you over a month to complain to Vodafone about this problem? If you had the issues from the beginning you should have taken it back. It seems very strange for someone to potentially live with a faulty phone until the 30day return window closes and then demand some sort of refund.
It seems more likely at this point that either you're not happy with the phone because you don't actually want it (changed your mind) or you can't afford the monthly repayments and want a way to get out of what is a very long contract.
The phone rebooted a few times in the first month but i put it down to nothing more than the countless updates it was doing. However it soon got very unusable.
Anyway i have an update on this. Samsung took the phone for a repair and less than a week later it developed the same fault. Samsung confirmed to me in writing the phone had a defective motherboard and could not fix it. Samsung insisted i take this up with Vodafone.
Vodafone 100% refused to replace my device even though Samsung told me it was a hardware defect. I was told it would have to go to the Vodafone repair centre who would send it to Samsung. Bare in mind i took it to the Samsung shop on the advice of Vodafone (2 doors away from Vodafone in Newcastle) and they confirmed to me in writing they could do nothing. So why send me to Samsung for confirmation then say they would have to send it away when i got that confirmation? The device got so bad after the "repair" that i ended up locked out of the phone. Both Samsung and Vodafone told me that i could do nothing but factory restore my phone to regain access. Just as well i knew otherwise and you can do this through the findmysamsung website.
However while i was dealing with 2 different Vodafone shops (both of whom lied to me over and over) and spending countless hours on the phone i had also written to the chief exec.
They took a week to get back to me but issued a new phone of my choice after reviewing my account and all the notes without any fuss.
Love my new Huawei P9+ extremely happy with it and the fact i don't ever have to deal with Samsung. Huawei offer a new phone as standard if it breaks within the first 3 months and a free 3 year parts warranty. If only Samsung did the same they would not have lost my custom.
But it's taken you over a month to complain to Vodafone about this problem? If you had the issues from the beginning you should have taken it back. It seems very strange for someone to potentially live with a faulty phone until the 30day return window closes and then demand some sort of refund.
It seems more likely at this point that either you're not happy with the phone because you don't actually want it (changed your mind) or you can't afford the monthly repayments and want a way to get out of what is a very long contract.
I have not once demanded a refund, and i can more than afford the repayments thanks very much. I have been on a similar price contract for 7 years never once missed a payment.
If i had simply changed my mind why have Samsung "repaired the device" and confirmed in writing the motherboard is faulty.
If i had simply changed my mind i would have returned it in the first 30 days.
Comments
Ofcom complaint against vodafone. Report all those statements they will be in trouble just for saying them.
Yes, it "should not" have happened, but it did so you have to deal with it. You don't have the right to a replacement without them inspecting it and declaring it beyond repair.
In the few days you've been without it working, it could have been back there and diagnosed already. So get it sent off as soon as possible and get the process moving.
I know you think you're playing hardball, but it won't work, they are Vodafone, if they don't pay their taxes do you think they honestly really care about how you feel about them? Your length of service doesn't give you any loyalty from them in return, or special privilege to be treated nice. They are getting your money regardless of how long you drag your feet and hold out for something you won't get.
If it's a simple repair the phone will be as good as new, and you'll be fine and dandy. If it's a tricky repair then they may send you a replacement anyway, and you'll be fine and dandy.
There are only two scenarios where you're not fine and dandy - 1. You keep holding back on accepting their repair offer or 2. you send it for repair and it comes back no better or even worse, in which case you start over and you have a stronger stance for asking for a replacement as the fault clearly isn't repairable.
The only scenario where nothing at all happens is the one you've chosen.
You are entitled to a repair and if that is not possible a replacement. But unless you give Vodafone the opportunity to at least look at the phone you won't get anything. There is every chance that they will in fact just replace it and there is nothing to say the replacement won't work perfectly. Unless there is some inherent fault that cannot be fixed like the Note 7 battery issue.
Though they are correct with the 30 day rule and have met the requirements at this time in what they are supposed to do.
Why? Nothing Vodafone has said there is actually wrong.
You only have a right to a replacement if you reject the goods as faulty within a reasonable time - usually this is on delivery, but you are allowed up to 30 days to do this.
If you reject the goods as faulty after 30days but before six months then the onus is on you to demonstrate the foods were faulty when new and not as a result of wear and tear. Even then, the vendor has the right to offer a repair or a replacement.
Vodafone is correct, their contract offers above the minimum, in that they are not asking the OP to prove the inherent fault before offering a repair. They also offer a replacement if you're not happy in any way within the first 30days. (Although I think this may come from distance selling regulations.)
Not true...the first 6 months the onus is on the retailer to prove the goods were not faulty. After the first 30 days the retailer has the option to try and repair or replace the item, the customer doesn't have the right to reject the item after those 30 days, and must let the retailer try and fix the problem.
If you keep pressurising Vodafone they might give in but legally it sounds like they are doing what is required of them.
Yes, you're right, it swapped over with the new consumer right act.
But you have to send it back to them for a repair or replace, you don't get an automatic replacement option. Only if the first repair is unsuccessful you then get a right to a full refund.
Oh crikey. Egg on my face there. Thanks for the info.
OMG, someone on the internet admitted a mistake!
Kudos to you though, and of course he's right.
Doesn't matter there attitude is terrible expecially for a company with their complaints level.
They have offered to try and fix it...which is what they are required to do...there attitude probably comes across from someone spending over 2 hours on the phone to them arguing about their rights and consumer law, even though the person arguing these laws is in the wrong at this moment in time.
I wouldn't want it fixed either as terribly reasonable as that might be. At only 2 months old why would I want what is basically a refurbished phone? No thank you, I would like a new one. It is not fit for purpose and you should aggressively pursue a replacement / refund, if not solely because of their idiotic assertions that Vodafone's policy overrides the law. I imagine you will win when you find the right person to vent your grievances at.
You do not have the automatic right to a replacement or refund after the 30day rejection period has ended. You can only ask for a repair or replacement at the discretion of the retailer. If a repair is not possible for whatever reason then the item can be replaced. If the replacement item does not solve the initial issue then you can ask for a refund.
You could get a refund if the repair/replacement is not possible or would take an unreasonable time or cause significant inconvenience.
http://www.which.co.uk/consumer-rights/regulation/consumer-rights-act#repair-or-replace
Ranting and raving at the customer service bod is not likely to get you as far as being firm but polite with them.
Then you don't know the law...what you want is irrelevant.
No, you would have a 2 month old phone that is working instead of 2 month old phone that is not working.
If the fault persists after the repair, then your right to a full refund kicks in, but not before.
Yes, in its current state it is "not fit for purpose" but a repair could make it fit again, and you will then have what has been paid for.
And no matter how aggressively the OP pursues a replacement, he isn't going to get one automatically. He may get one if the vendor decides the fault isn't reasonable to repair, but it's their call, not his.
On the last item there, the Vodafone policy in this matter is actually giving options beyond your basic rights in law. I think the OP misunderstood that "going beyond" as "overrides" which it certainly does not.
I realise that. However I have yet to ever have anything repaired. What I want does matter to me and generally I pursue it till I get my way!
But it's taken you over a month to complain to Vodafone about this problem? If you had the issues from the beginning you should have taken it back. It seems very strange for someone to potentially live with a faulty phone until the 30day return window closes and then demand some sort of refund.
It seems more likely at this point that either you're not happy with the phone because you don't actually want it (changed your mind) or you can't afford the monthly repayments and want a way to get out of what is a very long contract.
Anyway i have an update on this. Samsung took the phone for a repair and less than a week later it developed the same fault. Samsung confirmed to me in writing the phone had a defective motherboard and could not fix it. Samsung insisted i take this up with Vodafone.
Vodafone 100% refused to replace my device even though Samsung told me it was a hardware defect. I was told it would have to go to the Vodafone repair centre who would send it to Samsung. Bare in mind i took it to the Samsung shop on the advice of Vodafone (2 doors away from Vodafone in Newcastle) and they confirmed to me in writing they could do nothing. So why send me to Samsung for confirmation then say they would have to send it away when i got that confirmation? The device got so bad after the "repair" that i ended up locked out of the phone. Both Samsung and Vodafone told me that i could do nothing but factory restore my phone to regain access. Just as well i knew otherwise and you can do this through the findmysamsung website.
However while i was dealing with 2 different Vodafone shops (both of whom lied to me over and over) and spending countless hours on the phone i had also written to the chief exec.
They took a week to get back to me but issued a new phone of my choice after reviewing my account and all the notes without any fuss.
Love my new Huawei P9+ extremely happy with it and the fact i don't ever have to deal with Samsung. Huawei offer a new phone as standard if it breaks within the first 3 months and a free 3 year parts warranty. If only Samsung did the same they would not have lost my custom.
I have not once demanded a refund, and i can more than afford the repayments thanks very much. I have been on a similar price contract for 7 years never once missed a payment.
If i had simply changed my mind why have Samsung "repaired the device" and confirmed in writing the motherboard is faulty.
If i had simply changed my mind i would have returned it in the first 30 days.