Still no sign of the phone by this afternoon, so I logged in to O2 to see what was happening, only to find that the 'My Orders' tab has the note 'Order Completed' along with my old address (haven't lived there for over 6 months )

I called O2 and pointed out the error - they are now trying to get it redelivered to my correct address (which they have known about since the week we moved in) within the "next few days"

The lady I spoke to apologised for keeping me on hold for so long, but didn't apologise for the cock-up

OK ... the phone has arrived, but it's obviously not a new one

It's not in a proper Samsung Tocco box, it has no software, nor a manual. What are my rights here guys? Am I not entitled to a 'new' phone (like for like) as my previous one broke through no fault of my own?

Your advice is appreciated.

dont accept it. no way

get it replaced immediatley although, you will not get a full manual, you will (should have got) get a quick start up guide.
Samsung do not send out full manuals anymore.

demand a NEW phone from 02, not a returned one / used one.

Thanks qualafoo - those were my thoughts too. I haven't put my SIM in the Tocco as it just felt 'wrong'. I'll give Customer Services at O2 a call this morning and see what they have to say.

OK ... I called them. I spoke to a very nice woman who told me that o2 "always replace a faulty handset with a reconditioned one". I was a bit surprised at that. She also said their insurers often replaced a lost or stolen phone with a reconditioned one too. I said I would take advice from Trading Standards, and she said 'ok'.

So I called Trading Standards ... the man there said it was perhaps a little unrealistic to expect a 10 month old phone to be replaced with a brand new one. He gave the analogy of a car being driven for 10 months being replaced with one with no miles on the clock. However, he did say O2 should have provided me with all the same 'bits' as I had on the new phone - software, paperwork, cables, etc.

It would seem I have little option but to accept the reconditioned Tocco?

Yes, im afraid so. have you long left of your contract.
you could always ask for a new one or threaten to leave.....

I apologise, id not been reading correctly. I thought this was meant to be a new phone replacement.

If your contract is nearly up, use that as a bargaining tool

Hi qualafoo ... I am 10 months in (well, almost 11 months now) to an 18 month contract. So will be using the Tocco for the remaining 8 (7 and a bit) months.

I've been playing with it today, and must say it's quite fun I downloaded the software, and managed to transfer some pictures and music via bluetooth. So now I have my sock monkey wallpaper, and my Addams Family ringtone on there, it feels more like 'mine'

I'll see how I get on with a touchscreen phone for the rest of my contract, and may well come back here and ask for views when I'm due for a new one.

Thanks to everyone who posted on this thread for all your help - you've no idea how much I appreciate it

Guess what guys? The saga continues ... :yawn:

You know the reconditioned Nokia Tocco? It turns out to be a faulty Nokia Tocco It texts beautifully, but if you want to actually speak to someone on it, you have a problem. I can hear them, but they can barely hear me for the hideous noises on it

When the first caller commented on it, I put it down to a one-off bad line. When the next person said it, I wondered. About 6 phone calls later, and I realised there is something wrong with the handset.

I called o2 - 'oh dear' they said. They checked their stocks, they have absolutely nothing else to offer me. The put me through to their returns department. 'Oh dear' they said. They checked their stocks too ... guess what? They have absolutely nothing else to offer me either. They've asked me to call back on Tuesday in the hope that they'll have something to offer me.

In the meantime, I can either use a dud Tocco, or stick my SIM in an old phone.

*sigh*

I had to phone them up the other day, they have some SE W760's and W980's if you are interested in them.

Nokia Tocco , surely its a Samsung Tocco ?

They mentioned an SE, but when they checked stocks said it was out of stock I'm calling back tomorrow to speak to them again.

Edit: Just checked the notes I took - it was an SE 3902



Yes, you're right. Sorry, I have a horrible virus and my brain has turned to mush

I called them again - using the Tocco. The guy complained that it was so bad he couldn't hear me, could I please call from a landline

I was in a position to do that some hours later. Only to be told they still have nothing ... could I call again tomorrow?

It used to be the case - generally - that if they [a company] couldn't replace a product they would / or had to replace it with something [if the same one wasn't available which in your case it isn't] either by way of spec or price. Them simply saying they have " nothing " to give you as a replacement isn't good enough.

I would find out what your legal rights are because you could end up being without a handset but still expected to pay for the contract that you cannot actually use currently.

They have to provide you with something. I'd suggest taking a trip to your closest o2 store and explain the situation to them then see if they will phone up for you and get something sorted out properly.

Even go as far as to suggest, ask even, to be given something from the store of similar spec / price to your U600.

They just can't leave you with nothing for un unspecified length of time. Either that or ask for discount from your contract since you have lost the use of it !

I called ... again. Only to be told .... again ... that they have nothing to offer me. Could I please call on Friday after 2pm when they might have something to offer me.

I'm not happy, so I called my local Trading Standards office. The guy there was very helpful - he advised me to write to the Company Secretary, and even told me which Act to quote. He also advised me to send it recorded delivery so they have to sign to receive it.

EDN1, you are absolutely right - I am paying for something I can't use - ie, I can't make phone calls! I have the contract I have, specifically so I can use my mobile in the daytime and make use of free calls from my landline in the evenings and at weekends. I will type the letter at lunchtime and get it posted off later this afternoon.

Will post here what - if anything - happens next.

Hmmm, within a couple of hours of emailing O2 with a copy of my letter to their Company Secretary, and detailing my Trading Standards reference number, I am in receipt of an email from them. Guess what?


So ... 4 different people have told me they can't give me anything because they 'have nothing in stock' ... and all the time it was really because I was living at 'an invalid address' (Please note heavy use of sarcasm).

I have let them know I am not using a business address, or any other 'invalid' address. I am living in a 3-bedroomed house

This whole thing gets weirder by the minute

Latest update:

I had an email from O2 insisting that I give them an alternative address I've done that. Then I had another email asking me to send back the faulty Tocco ... I've done that. They say on receipt of that one, they will send me another replacement (another Tocco).

We'll see. In the meantime, I'm still paying for a service I can't properly use. If and when I get a fully functioning handset, I'll be calling Customer Services to address that very issue.

Yesterday, the O2 courier delivered another recon Tocco to my mother's address. Which is only 2 roads away from where I live, so Lord knows why he couldn't have come here

It's charging up at the moment. Fingers crossed it's a fully functioning one this time!

This latest one seems fine - thank goodness

Just to update - though I'm not sure anyone's interested :yawn:

I had a call from an O2 bod today - very nice chap - profuse apologies for the almighty c*ck-up - and would I like some credit as a gesture of goodwill?

He couldn't explain why my address became 'invalid' in the space of a few days, but apologised the fact that I was forced to give another address.

And just for the record, I am loving the new Samsung Tocco - it's fab