O2 won't replace my phone

drunkmonkey

maglite wrote: »

an obviously poorly assembled car and does nothing then more fool you. Without the main menu button on a phone most of its functionality is rubbished.

Why would they send it to germany that would be just silly, they would get their own mechanics to have a look at it, qualified volkswagen mechanics. I can only imagine the carnage if every nokia had to go to finland for repair.

@diamondtooth are you able to get into the settings menu at all, if you are you can swap what each one touch key does, i.e you can change the calender button to the menu botton and then put the calender button in the home screen apps. Have you tried doing a software update using nokia pc suite yet?

Davy

Funny thing is that o2 used to give you a replacement on the spot if the phone went faulty in the first 12 months.

I have found that particular branch poor in any case. Op have tried to contact daryll from o2 who is on boards?

daisy boo boo

hi,o2 can by consumer law repair phone twice and if still faulty then you are entitled to refund.consumerconnect.ie is a very good website:)

maglite

Daisy could you link to the relivant act where this is stated.

If you are going to cite law please link to the specific section or at least act.

From the webite you sugest.

Consumer connect wrote:

Faulty phones

If the product is faulty you are entitled to a repair, replacement or a refund. If the shop offers to repair a faulty phone, the repair should be permanent. If they say the phone isn't repairable, you are entitled to a replacement or a refund.

If you are willing to let the shop repair the phone, you should confirm this in writing - but add the condition that if there are any other problems with the phone you reserve your right to reject it and claim a replacement or a full refund.

You should bring this statement to the attention of the seller and keep a copy of it in case you need to rely on it later should you take the matter to the Small Claims Court.

I missed the legal standing of secend repair in there.

diamondtooth

drunkmonkey wrote: »

@diamondtooth are you able to get into the settings menu at all, if you are you can swap what each one touch key does, i.e you can change the calender button to the menu botton and then put the calender button in the home screen apps. Have you tried doing a software update using nokia pc suite yet?

I have been to the shop 4 times and spoke to customer service many times regarding how to fix the problem. At this stage I am doing absolutely nothing more to fix this problem. It is now up to O2 to fix this before I decide to take it further. I am not going to spend one minute of my time messing with menu buttons. Anyway I can't get into the setting option either.

Also I don't get the car comparison. When I bring a car with a fault to a garage I get it fixed. When I bring a phone to O2 it comes back still not working.

Also when my phone was sent away I have a feeling they may not have tried fixing it at all. I was told when I got the phone back all my texts/photos etc would be cleared from the phone when they are trying to repair it. But the phone came back with all my texts and photos still on it! Very strange.

Also I have posted a message on the O2 forum which Daryll replied to. Also well said Meglite, the Consumer connect website does not mention two repairs.

TheCelticWizard

krudler wrote: »

Its stupid crap like this that makes working in any retail job infinitely harder dealing with people who "know their rights" the amount of people I've had to explain their actual rights to over the past 10 years or so of working with the public is ludicrous

.


This so true. Also, the warranty does in fact lie with nokia rather than the agent(o2), and even though o2 can facilitate any transactions done under warranty, they must adhere to nokia's terms or they will not be compensated for any replacements issued. Also, the bit about not using different repair companies isnt correct. As long as you have a cert from a qualified repair technician it counts as a repair, and if you have three of these and can still demonstrate a fault, the store will happily replace the phone, as they will be compensated by nokia. I'd listen to DrunkMonkey if I was you, send it under the warranty, if it's not right send it again, and from that point on it either works or you get a replacement.

maglite

TheCelticWizard wrote: »

This so true. Also, the warranty does in fact lie with nokia

But we are not talking about a warranty. These are statutory rights....

drunkmonkey

diamondtooth wrote: »

I have been to the shop 4 times

yes you have and you should have a replacement phone by now with that many visits but your not playing ball with the store so your still stuck without your phone working.
At this stage go take the legal route some of the posters have advised. Please report back in a few weeks and tell us was it really worth all your time and effort for the resolution you eventually end up with.

My current Nokia has been back for repair twice this year, i didn't make a song and dance about it, nor did I want a replacement if my own was fixable and i also made sure it's fully backed up using pc suite as I know some day it's just going to stop working or i'm going to break it just like every other phone i've ever owned.

TheCelticWizard

Statuatory rights allow for repair or replacement with no set amount of repairs stated as a benchmark for when a replacement/refund is nessesary. All major phone manufacturers have the same 3 repairs before replacement policy, surely out of all the thousands of disgruntled customers that have threatened legal action on them somebody must have tried to bring it further? And if they had done so and won, could a company like one of them risk continuing to do business illegally after being ruled against in court? I'm not saying that it's right or that it's fair, but I know that in this situation the only way to resolve is to go through the motions as legally there is little that can be done.

diamondtooth

Some very pro-O2 posts popping up now I see. There is no need to repeat back to me what their policy is. I am well aware they have a 'policy' of 3 repairs. I can't seem to find where the law says that though.

Also @drunkmonkey, you say my phone should be fixed after 4 trips to the shop. How could it be when on the first trip the Store Manager told me it would be fixed by taking out the battery every two weeks? He never mentioned the option of sending it away for repair.
And as you suggested if O2 do not sort out the problem I will of course come back here and let you all know. I will let lots of people know.

Don't for a second try and make out I am being awkward. You don't know me. The fact of the matter is I have a €200 phone which doesn't work.

drunkmonkey

diamondtooth wrote: »

Also @drunkmonkey, you say my phone should be fixed after 4 trips to the shop. How could it be when on the first trip the Store Manager told me it would be fixed by taking out the battery every two weeks?

I know what the store manager meant, a lot of people never turn off their phone and some times they get stuck with a software glitch, sometimes you have to take your phone battery out, especially with smartphones like yours. I've to do it every now and again with my e71.

Did taking out the battery fix the problem the first time? If it did I really think you need to run the software update via pc suite and try and resolve the problem yourself. You said your phone came back from repair with all your info on it. To me that screams that your phone never went off for repair in the first place.

I don't think your being awkward but you are taking bad advice on board which is causing you to make a mountain out of a molehill.

maglite

I have been down the legal route, However as it was a consumer issue with small money involved I went for the small claims court. I'm sure you are away they do not force company to chance policy or procedures.

I would have to go through the district? court for that to happen. Which would involve expense, risk and a lot more effort.

BTW in my case it was not even contested despite myself and an independent repair group reporting that the repair report was fictional at best if not fraudulent. End result I win with a FULL REFUND

drunkmonkey

maglite what went on in your case, you took meteor / meteor store? to court over a faulty phone? could you give a bit more detail, i'm genuinely interested to know.

maglite

They informed me that the phone was water damaged, supplied a picture fo a bit of curcuit board in very low resolution with a stain on it.

I opened the phone up to see where this damage was. It was not there, went back to the store the get it sent away again and was informed that it could not possibly be a mistake, despite me having a 6x6 high res picture of my phone vs their 1"sq low res piture. Number of letters later to both store head office and legal dept I went to small claims and won.

I have known countless people to be told their phone has been damaged in this manner, and while some are, this leads me to a conclusion. Dont trust or play along with such companies.

drunkmonkey

maglite wrote: »

They informed me that the phone was water damaged, supplied a picture fo a bit of curcuit board in very low resolution with a stain on it.

I opened the phone up to see where this damage was. It was not there, went back to the store the get it sent away again and was informed that it could not possibly be a mistake, despite me having a 6x6 high res picture of my phone vs their 1"sq low res piture. Number of letters later to both store head office and legal dept I went to small claims and won.

I have known countless people to be told their phone has been damaged in this manner, and while some are, this leads me to a conclusion. Dont trust or play along with such companies.

I've seen that a few times, you were dead right to challenge it, Usually sending it to a different repair company gets around the problem but the ordinary man in the street dosn't know that.
Which repair company was it FM?

TheCelticWizard

BTW in my case it was not even contested despite myself and an independent repair group reporting that the repair report was fictional at best if not fraudulent. End result I win with a FULL REFUND[/quote]

This is good and you were right to stand up for yourself, but you had an independant repair company at your side to prove foul play.of some kind? All that this lady has is a faulty phone to wave at the judge, and a report to say that it has been fixed once already. The store has offered to have it repaired again, and given an undertaking to replace it should a further repair not solve the problem, no foul play has occured that we know of, it's not going to work.

jor el

drunkmonkey wrote: »

It's not illegal, I don't know where you got that idea.

Denying a consumer their statutory right to seek alternate redress is against the law. This would be a good place to start. This is another place to look. The bit that states:

If a repair is offered and accepted, then it should be permanent. If not, and the same fault occurs again, the buyer is entitled to seek another form of redress.

Is particularly pertinent in this case. Since the fault was not repaired, he doesn't have to accept another repair attempt, and the delay and hassle that goes with it.

maglite

I had only myself at the time of the case, It was issue was resolved at a later date by the other company.

I'll PM you the company.

Diamond you are pretty effeminate :D:D < see humour time

drunkmonkey

jor el wrote: »

Since the fault was not repaired, he doesn't have to accept another repair attempt, and the delay and hassle that goes with it.

we haven't even figured out if there's a fault or a simple software update which can be done at home will fix the problem.
My instincts tell me this phone never went to a repair company as it came back with all the op's data intact, i'm guessing the phone shop forgot to send it for repair and just handed it back as repaired.

I''m advising not to go the legal route until all other options are exausted, that's sensible advice, would you not agree? Are you seriously saying it would be easier and quicker to take legal action, what do you do when "your" phone develops a fault?

diamondtooth

maglite wrote: »

Diamond you are pretty effeminate :D:D < see humour time

Hey! I'm afraid 'Thecelticwizard' is getting a few things wrong.

@druunkmonkey Anyway to think that the store may never have even sent the phone away is making things even worse! Why are you suggesting having it sent away again when you feel thar it was not sent away the first time? That doesn't make sense. Based on what you are saying the store cannot be trusted.

To me it is quite simple. I have done everything as the store have suggested to date and the problem is not solved.

maglite

Was there a report given to you with an IMIE number on it?

TheCelticWizard

diamondtooth wrote: »

Hey! I'm afraid 'Thecelticwizard' is getting a few things wrong

Sorry Diamondtooth I meant no offence.

drunkmonkey

diamondtooth wrote: »

To me it is quite simple. I have done everything as the store have suggested to date and the problem is not solved.

Did taking out the battery when suggested fix the problem for a little while?

diamondtooth

Yes I was given a repair report but I left it at work so won't be able to check it for 2 days.

And no worries Celticwizzard :cool:

Will keep you all updated.

maglite

If there is a repair report and it matches your phone what fault has been described and or action taken?

drunkmonkey

diamondtooth wrote: »

Yes .

So taking out the battery originally fixed the problem for a short while? Yes/No?

jor el

drunkmonkey wrote: »

So taking out the battery originally fixed the problem for a short while? Yes/No?

diamondtooth wrote: »

I went to the store and the manager told me to take the battery out every 2 weeks and this would fix the problem for 2 weeks at a time. This didn't work.

Evidently not.

drunkmonkey wrote: »

My instincts tell me this phone never went to a repair company as it came back with all the op's data intact, i'm guessing the phone shop forgot to send it for repair and just handed it back as repaired.

And this somehow makes it all OK then? Are you serious, or just deluded?

drunkmonkey wrote: »

I''m advising not to go the legal route until all other options are exausted, that's sensible advice, would you not agree? Are you seriously saying it would be easier and quicker to take legal action, what do you do when "your" phone develops a fault?

The fact that you work in the phone retail business does taint your advice somewhat. Your advising the customer does what's easiest for the shop, which may not be what's best, or what the customer even wants.

I would advise that since he has already done the sensible thing and let the shop attempt a repair with their agent, which failed, that he should insist on alternate redress. Allowing an obviously incompetent repair service to attempt a 2nd repair, would not be the sensible solution.

First off, talk to the manager and tell them in no uncertain terms that you will not accept a 2nd repair attempt. Tell them that if a refund or replacement is not offered, you will take the matter to the courts. The manager, if he has even a small amount of cop on, will not let this happen when he knows he'll lose.

drunkmonkey

jor el wrote: »

Evidently not.



And this somehow makes it all OK then? Are you serious, or just deluded?



The fact that you work in the phone retail business does taint your advice somewhat. Your advising the customer does what's easiest for the shop, which may not be what's best, or what the customer even wants.

I would advise that since he has already done the sensible thing and let the shop attempt a repair with their agent, which failed, that he should insist on alternate redress. Allowing an obviously incompetent repair service to attempt a 2nd repair, would not be the sensible solution.

First off, talk to the manager and tell them in no uncertain terms that you will not accept a 2nd repair attempt. Tell them that if a refund or replacement is not offered, you will take the matter to the courts. The manager, if he has even a small amount of cop on, will not let this happen when he knows he'll lose.

We still have no evidence, it hasn't been confirmed if taking out the battery for a minute fixed the phone temporarly. If it did i'm suggesting a software update. I've more or less the same phone, I know how it works and the niggles that it is prone to.

I'm not advising what's best for the shop i'm advising what's easiest on op, if you read back through the thread i've told op to bypass the shop altogether as she's not being looked after there.

You can not gurantee that taking the shop to court over this will result in a win, it's not fair on posters to give out false expectations in relation to legal matters.

maglite

Your not listening.

drunkmonkey

this is an o2 store were talking about, sue away, let us know how it goes.

Here's the rules:

Rules

Remember that the mobile phone handset that you buy is protected under the Sale of Goods and Supply of Services Act, 1980. This means that any mobile telephone handset or other telecommunications item you buy should be

• As described - on the marketing material or by the sales person
• Fit for its purpose (i.e. suitable for using as a mobile telephone handset)
• Of merchantable quality (i.e. fit to be sold and used by a customer)

If the handset or other piece of mobile equipment that you buy from a mobile phone service provider or other retailer becomes faulty you can return it and you can get a repair replacement or a refund. The legislation does not specify what kind of redress the retailer has to give you but you should expect that it will be reasonable. You can read about how to complain here. If you have exhausted the complaints mechanism of the mobile phone service provider and you are still dissatisfied you can take your claim to the Small Claims Court.


diamondtooth you will have to prove the store was being unreasonable, they store will more than likely challenge it and say you were being unreasonable by not allowing the repair or a different repair company to take a second look as a human error occured. If the store is owned by o2 they may not challenge you but a lot of o2 stores are privatley owned and they may have a differnt take on the matter and may be unwilling to take a 200e hit if they have their ducks in a row.



As someone said earlier, you should have a witness, reciepts etc when it goes to court, from what I gather all you have is evidence the phone went to the repair company once. I'm not confident that is enough to claim the resolution process was unresonable.