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Faulty Phone
ScubaSteve21
15-02-2011
Hi guys,

I was looking for some advice. I have a Google Nexus One on Vodafone, but since I got it I have had a few problems with it - specifically what seems like a lot of software bugs (phone freezing doing various operations, non-responsive touch screen, touch screen responding to a different place when I am typing texts, lots of crashing applications). I have had it sent away for repairs - this was done on Saturday.

My phone is only a few months old and I am in a 24 month contract. I don't want to be stuck with a phone that is constantly giving me problems. So if the phone comes back and is not working properly am I entitled to a new/different phone?

Thanks in advance.
ScubaSteve21
15-02-2011
Anyone able to give me some advice?
davethorp
15-02-2011
Under the SOGA in the event of a fault you are entitled to a repair, replacement or a (partial) refund. However it is for the retailer to choose which remedy is most cost effective for them and as long as the retailer offers one of those remedies there is little you can do.

If the phone does develop further faults by all means put your concerns in writing to vodafone that you are concerned that even after several repairs the unit is still faulty. You may get offered a different model as a gesture of goodwill but there is certainly no obligation to do so
Awshum-Yawn
16-02-2011
repeated faults would demonstrate that it's not fit for purpose or of a satisfactory quality.
ScubaSteve21
01-03-2011
Just found out today that my phone has been sent back to the manufacturer, does this effect where I stand now? Or am I still in the same position?
ScubaSteve21
02-03-2011
Does my position change now that it has been returned to the manufacturer to get the fault fixed?

http://www.which.co.uk/mobile/advice...-phone-rights/

Reading this - the fault has occured within the 1st 6 months, which implies "the fault was inherent in the phone unless the retailer can actually prove otherwise". Surely this will work in my favour?
chrisjr
02-03-2011
Your contract is with whoever you purchased the item from. If a fault develops with the item it is the retailer who has to put it right. How they do that is nothing you have to worry yourself about. So in this instance where the phone has been sent for repair is irrelevant.

It has no effect on your rights under the Sale of Goods Act or any other relevant legislation.
ScubaSteve21
02-03-2011
From what I read from the Which site, the fault was existent in the phone when I purchased it, as the fault has occurred in the first 6 months, I would therefore take from that I am entitled to a replacement phone?
chrisjr
02-03-2011
You can only ask for a replacement phone if the repair either fails to cure the fault or takes a long time. This website is actually for retailers but it does have useful information for consumers as well.

http://www.oft.gov.uk/business-advic.../sogaexplained

Read section "5 Faulty goods your customers rights."
ScubaSteve21
02-03-2011
I I was told my repair would take 5 days, this was on the 12th February, still not got it back. Got a phone call on Monday to say it "should" be back by 11th March
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