T mobile .... 3rd handset broken !!

[Rs2k_Rider]

Hi all,

I have a problem with my t mobile phone and would like to know where I stand.

I have a 24 month contract of which I am 13-14 months in I think, My nokiaicon C7 went faulty (luckly) on the last day of warrenty and I was sent a replacement in the post (next day) due to my continued illness and I am unable to get to a store. The replacement handset (refurbised apparently) was faulty on receipt with having a large amount of dust behind the glass face. Also the green call button did not light up,.... I was sick of dealing with t mobile at this point so tried to live with this. A few weeks later this phone started to do the same as my first phone, Which is dropping calls, calls losing volume and the person on the other end saying I sound like I am in a different room to the phone.
I called t mobile and they sent yet another replacement from their refurbised warehouse, I received this phone which is my current phone. On first impressions the phone was fine, until I started to make calls, First off this handset has a very very low volume on the speaker to the point it sounds as though the person on the other end is wispering and you can not hear them.... YES the volume is turned up !
The handset has also developed the same problem of me sounding like I am in a different room and breaking up.

I called t mobile and told them that this handset is also faulty and said I would not accept the same handset again, after the 3rd I think that is reasonable.

T mobile have offered a couple of handsets, but in my opinion all these handsets are inferior to what I have and chose a year ago. To give you an idea, I have been offered a#
Nokia C3-01.
Nokia 700 ?
HTC Wildfire
Galaxy Ace (currently available for £15 p/m on tmobile, but id be paying £35 !)
Ive been offered the Galaxy II but at a cost of £170 to me !

Now, I have done basic resarch into these handsets and they all have pretty bad reports on them.

I have asked for either iphone 4s or galaxy II... I have even offered to pay extra line rental, but this has been outright refused.

This has been going on now since December. I have had limited use of my phone, as I can rarely hear phone callsicon and have to redial or text my home phone number to call me on that.

T mobile have refused to issue any credit for loss of service as they say ive been able to use the service. They also say they are not responsible for the handset, and they can refer me to the manufactur.

I have said, I feel I should be able to cancel the contract on the basis that they can not provide me a working handset of my choice... by this I mean something that is acceptable to me, being I have just under a year left on my contract... I feel I am being limited - forced if you like into taking either a faulty range or lower end handset and just like it.

My arguement is that the handset forms an integral part of the contract, if I had not been given that handset I would not have chosen the contract. No phone to use their sim in = no contract as you can not use it ? not fit for purpose ??


Can anybody advise where I stand on this ?


Many thanks

If you need clarification on anything please feel free to ask

 

[little_pob]

The reason t-mobile don't want to give you an iPhone or Galaxy S II for free is you only have 4 months left on your contract. If you were to ask about upgrades I'm sure they'd suddenly become available - but you'd be tied into another 12/18/24 month contract. Of the phones you've listed only the Nokia 700, HTC Wildfire and Galaxy Ace are roughly comparible, and I'd go for the Ace if forced to choose. As you should be in the upgrade period, you might be able to bump down the remainder of the contract too (I know you can on Vodafone).

Under the Sale of Goods Act (as amended), the manufacturer is responsible for the warranty, but any warranty becomes a condition of sale and part of the contract under the Act. Therefore the company you bought it from should always be your first port of call. Going direct to the manufacturer can be quicker. However, I would recommend getting the adivce of the retailer before doing so in case it's irrepairable. Just be aware when it comes to mobiles, the carrier isn't necessary the company responsible for the handset (e.g. you couldn't go to Vodafone to fix the unit if you took your contract out through CarphoneWarehouse).

Write to T-Mobile, state that to rectify this problem to your satisfaction you now want a phone of at least equal specification (give them a list that you'll be willing to accept, but don't take the piss). Clearly indicate that they have 14 calendar days from receipt of the letter to have the phone in your hand. Failure to do so will result in you claiming breach of contract on their part under Section 14 Sale of Goods Act 1979, and you will enact your entitlement to termninate the contract.

Get the letter checked by CAB, a solicitor, Consumer Direct or the consumer help gurus over at MSE and then send via recorded, sign-for delivery.

 

[Rs2k_Rider]

The reason t-mobile don't want to give you an iPhone or Galaxy S II for free is you only have 4 months left on your contract. If you were to ask about upgrades I'm sure they'd suddenly become available - but you'd be tied into another 12/18/24 month contract. Of the phones you've listed only the Nokia 700, HTC Wildfire and Galaxy Ace are roughly comparible, and I'd go for the Ace if forced to choose. As you should be in the upgrade period, you might be able to bump down the remainder of the contract too (I know you can on Vodafone).

Under the Sale of Goods Act, the person responsible for the phone is the company you bought it from, or who provided it as part of the contract. For example, you bought through Phones4U on the T-Moblie network, it is Phones4U that are responsible. Alternatively if you bought direct from T-Mobile (web, phone, shop) they are responsible for repairing phone faults - not the manufacturer (although you might get a quicker response by going to Nokia directly).

Write to T-Mobile, state that to rectify this problem to your satisfaction you now want a phone of at least equal specification (give them a list that you'll be willing to accept, but don't take the piss). Clearly indicate that they have 14 calendar days from receipt of the letter to have the phone in your hand. Failure to do so will result in you claiming breach of contract on their part under Section 14 Sale of Goods Act 1979, and you will enact your entitlement to termninate the contract.

Get the letter checked by CAB, a solicitor, Consumer Direct or the consumer help gurus over at MSE and then send via recorded, sign-for delivery.

sorry my mistake, I am 13 or 14 months in

 

[little_pob]

sorry my mistake, I am 13 or 14 months in

I've slightly changed my first post for accuracy, but may now be more difficult to understand, so you might want to re-read it.

I've only got experience of Voda when it comes to carriers; with them you can "downgrade" your price plan once you hit the half-way point of the contract. Might be worth checking if you can do that on T-Mob. If you can you might want to do that and just take the Ace?

 

[Rs2k_Rider]

I've slightly changed my first post for accuracy, but may now be more difficult to understand, so you might want to re-read it.

I've only got experience of Voda when it comes to carriers; with them you can "downgrade" your price plan once you hit the half-way point of the contract. Might be worth checking if you can do that on T-Mob. If you can you might want to do that and just take the Ace?

The phone come direct from T-Mobile web sales The first phone broke on the last day of the 12 month warrenty, and they said that should the replacement break it has no warrenty which surely can not be right ?

Keep in mind that I sent the first replacement back as it was faulty, and now again... the 2nd replacement (3rd handset) is faulty again !

 

[little_pob]

The phone come direct from T-Mobile web sales The first phone broke on the last day of the 12 month warrenty, and they said that should the replacement break it has no warrenty which surely can not be right ?

Keep in mind that I sent the first replacement back as it was faulty, and now again... the 2nd replacement (3rd handset) is faulty again !

AFAIK each replaced phone should have it's own warranty:

New - 12 months manufacturer's
2nd user - remainder of manufacturer's warranty
Refurb - 3 months minimum​

The difficulty can be knowing what you've been supplied with...

...Under the Sale of Goods Act (as amended), the manufacturer is responsible for the warranty, but any warranty becomes a condition of sale and part of the contract under the Act...

Appologies, that doesn't read right. To simplify:

• Manufacturer to business sale with no warranty implied = buyer responsible for repair costs.
• Manufacturer to business sale with 12 month manufacturer warranty = manufacturer responsible for repair costs for first 12 months, buyer responsible for repair costs beyond.
• Business to business sale with no warranty implied = buyer responsible for repair costs.
• Business to business sale with 12 month manufacturer warranty = manufacturer responsible for repair costs for first 12 months, buyer responsible for repair costs beyond.
• Business to public sale with no warranty implied = seller responsible for repair costs for economical repair for upto 6 years.
• Business to public sale with 12 month manufacturer warranty = manufacturer responsible for repair costs for first 12 months, seller responsible for repair costs for economical repair for upto 6 years.

The problem the public faces is proving a fault was inherant in an item, as the SOGA puts the onus on the buyer to prove fault after the first 6 months.

By economical repair it would be resonable to expect a retailer to spend £20 to fix a £500 TV, but not to fix a £12 kettle.

 

[Erbs]

what i have done this year is buy an iPhone out of my own pocket and my contract is up in a few months and gonna go to a Sim only plan coz if you get one on contract you are effectively paying for it and more thru your monthly charges and i don't want to have a 24 month contract anymore, once my contract is up i can go where i like then

Sorry to hijack

 

[little_pob]

what i have done this year is buy an iPhone out of my own pocket and my contract is up in a few months and gonna go to a Sim only plan coz if you get one on contract you are effectively paying for it and more thru your monthly charges and i don't want to have a 24 month contract anymore, once my contract is up i can go where i like then

I do the same myself these days, but not everyone can afford to buy the phone outright at the start of a contract.

 

[Rs2k_Rider]

Just had a call back from their complaints resolution team and been told that I accept one of the phones or take 3rd party advice and legal action ! Great attitude for complaints team ay !

So, I said fine I will take the Galaxy Ace as its the only phone thats close to mine.... an the advisor then said that would only be offered on a full and final basis !!! So I said I would not accept it on that basis.... as I still have issues they have not dealt with. Being that the Ace is available on much cheaper price plans that my nokia phone, so why should I be tied into a higher price plan for a phone in a cheaper band ! ??

Anyway, galaxy ace is coming tomorrow..... I did not actually say yes I agree to F+F, so dont think they can enforce that anyway.... I said, if you say so

Im so Pissed off right now !

AVOID T MOBILE !!!

an to top it off, she had the front to say if the phone breaks they will not replace it for the remainder of the contract .... this is meant to be a brand new phone.... ! so as far as I am concerned has 12 months warrenty...

 

[little_pob]

Looks like T-Mobile previously allowed customers to change their price plan once a month, but changed the policy some time in 2008.

Spec comparison of C7 vs Ace: Samsung Galaxy Ace vs Nokia C7

I would strongly recommend going to the CAB to see if they can offer any further advice, whether their hand washing, full and final offer is enforceable (to me it seems to clash with your statutory rights) and whether they think you have cause for to complain to Trading Stanards and OffCom.