[simon olive]

Can anybody who knows anything about contract law help me please?
I am on the O2 online contract and recently had to send my Samsung E800 away for repair under warranty. I was without a phone for 7 days and they had no phone to loan me during that time. I received the phone back supposedly repaired only for it to show up exactly the same faults. I have once again had to send it away for repair under warranty and once again there was no loan phone available.
Now if I get the phone back again and it still shows up the same faults am I within my rights to cancel the contract?
I would appreciate any help from anyone who knows the law. Thank you.

[ScubaSteve21]

if u have had your phone for less than 12 months then it is under warranty so as far as i am aware they should provide you with a replacement phone whilst's your is away

[simon olive]

Yes I know that but they had no loan phones in. My question is am I entitled to cancel the contract if it still shows up the same faults when I get it back.

[dolphincrazy]

where did u get the phone from if it comes back with the same faults again then they should replace it with a new one but no you can't cancel the contract untill the 12 months are up what ever happens

[steve007]

Quote:

Originally Posted by simon olive

Can anybody who knows anything about contract law help me please?
I am on the O2 online contract and recently had to send my Samsung E800 away for repair under warranty. I was without a phone for 7 days and they had no phone to loan me during that time. I received the phone back supposedly repaired only for it to show up exactly the same faults. I have once again had to send it away for repair under warranty and once again there was no loan phone available.
Now if I get the phone back again and it still shows up the same faults am I within my rights to cancel the contract?
I would appreciate any help from anyone who knows the law. Thank you.

No you wont be able to cancel your contract. Always read the smallprint - almost certainly there will be a clause about equipment fail and what they will/wont do for you.

However, you do have certain rights as a consumer.

Do a search on google for reversed burden of proof and also the sale of goods act.

Perhaps if you want more help here you should detail how far into the contract you are and also the actual fault.

If you want to get anything out of a company always mention sale of goods act, send your letter recorded delivery or by courier and keep a lists of times/dates of calls and details of repairs etc.

[simon olive]

thanks fot your replies folks. I purchased the phone direct from O2 online and I have had the phone since August 2004.

[steve007]

Quote:

Originally Posted by simon olive

thanks fot your replies folks. I purchased the phone direct from O2 online and I have had the phone since August 2004.

If the phone arrives back with the same fault (you dont mention what it was) then you certainly could go along the inherent fault argument, on the basis that its been away 3 times for repair and they have been unable to fix it, which does imply its a fault present from date of manufacture so serious they are unable to repair.


-----------------------------------------------
Extracts from DTI site:

]What is an inherent fault?

A fault present at the time of purchase. Examples are:
• an error in design so that a product is manufactured incorrectly
• an error in manufacturing where a faulty component was inserted.
The "fault" may not become apparent immediately but it was there at the time of sale and so the product was not of satisfactory standard


[What does the "reversed burden of proof" mean for the consumer?

It means that for the first six months the consumer need not produce any evidence that a product was inherently faulty at the time of sale. If a consumer is seeking any other remedy the burden of proof remains with him/her.

In such a case, the retailer will either accept there was an inherent fault, and will offer a remedy, or he will dispute that it was inherently flawed. If the latter, when he inspects the product to analyse the cause, he may, for example, point out impact damage or stains that would be consistent with it having been mistreated in such a way as to bring about the fault.

This reversal of the usual burden of proof only applies when the consumer is seeking a repair or replacement. After the first six months the onus of proof is again on the consumer.

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

So basically the product was not of satisfactory standard when purchased, not only that but that has had a knock on effect regarding your ability to enjoy the services promised when you signed the contract.

[simon olive]

Excellent. Cheers for that Steve. I have just been doing some research into this ans the sale of goods act. Thanks again pal.