Phone not being replaced?

ardinn

My girlfriend signed up with bill pay a few months ago and got a free phone.

The phone shut itself off after a while and wouldnt charge so she brought it back and it was repaired, it then broke again, and again it was brought back, she asked for a new phone, only to be told as it was free, and a gift, they do not have to replace it and it would continue to be repaired. it has broken again in the meantime.

The warranty runs out in a few months and if this continues she will be forced to then buy a phone.

Is this legit or are they having a go at someone they feel they can get the better of?

Venom

The phone was not free its part of the package deal and is covered by consumer law's 3 R's, repair, replace or refund. Phone stores and networks are renown for bull**** like this but the printing off of consumers right or a trip to the small claims court should resolve the issue.

ardinn

It is being repaired tho, do you have a choice as to what you want done or do they just choose for you?

mdebets

ardinn wrote: »

It is being repaired tho, do you have a choice as to what you want done or do they just choose for you?

In real life it's the shop who decides if they repair, replace or refund (in theory, you both have to agree on it or go to the Small Claims court, who will most likely side with what the retailer has offered, if he has offered something).
However if they decide to repair, this fix has to be permanent. If the same fault happens again after the repair, they have to choose one of the 2 choices (or go to the Small Claims Court, if the shop doesn't agree).

drunkmonkey

mdebets wrote: »

In real life it's the shop who decides if they repair, replace or refund (in theory, you both have to agree on it or go to the Small Claims court, who will most likely side with what the retailer has offered, if he has offered something).
However if they decide to repair, this fix has to be permanent. If the same fault happens again after the repair, they have to choose one of the 2 choices (or go to the Small Claims Court, if the shop doesn't agree).

That's all fine in Theroy but the shops big problem is that they don't choose which phones they stock, they also don't make them nor do they repair them. Yet the law demands that they take all the risk and the least profit. That's why the last thing a store wants to do after the first month is replace an expensive phone at full price as nobody is going to refund the shop, not Nokia, the repair center or the mobile network.

Don't take the store to the small claims court take the manufacturer as there the ones ultimately responsible for releasing and continuing to distribute phones with inheriant faults.

Nokia/Sony/Fonemendrs should be dragged over hot coals for the crap the put consumers and stores through, it really is a disgrace.

OP contact the handset manufacturer directly for a replacement.

foggy_lad

mdebets wrote: »

In real life it's the shop who decides if they repair, replace or refund (in theory, you both have to agree on it or go to the Small Claims court, who will most likely side with what the retailer has offered, if he has offered something).
However if they decide to repair, this fix has to be permanent. If the same fault happens again after the repair, they have to choose one of the 2 choices (or go to the Small Claims Court, if the shop doesn't agree).

For items like handsets one repair is enough as any more would reasonably be considered excessive and the handset can be considered unfit for purpose,

the shop will most likely disagree and insist on more repairs so you put in a claim for the small claims court and the shops usually back down or lose because they are not being reasonable.

mdebets

drunkmonkey wrote: »

That's all fine in Theroy but the shops big problem is that they don't choose which phones they stock, they also don't make them nor do they repair them. Yet the law demands that they take all the risk and the least profit. That's why the last thing a store wants to do after the first month is replace an expensive phone at full price as nobody is going to refund the shop, not Nokia, the repair center or the mobile network.

That's the risk they are taking in being in business in this area. If they can't take it, they should either go out or lobby the manufacturers to take back faulty mobiles.

drunkmonkey wrote: »

Don't take the store to the small claims court take the manufacturer as there the ones ultimately responsible for releasing and continuing to distribute phones with inheriant faults.

Nokia/Sony/Fonemendrs should be dragged over hot coals for the crap the put consumers and stores through, it really is a disgrace.

OP contact the handset manufacturer directly for a replacement.

Bye all means OP, go to the manufacturer and see if they replace the mobile.
If they however don take it back, don't sue them, as you will loose, as you don't have a contract with them. You have to sue the retailer who sold you the phone.

drunkmonkey

Nokia will not turn up to the small claims court nor will any of the rest of them.
Retailers request that inherently faulty phones be replaced they never are. Nokia constantly refuse.

Before going to court contact the manufacturer and more importantly your network when they weigh in the repair companies usually start playing ball.

wmpdd3

You have no case with the manufacture, consumer law'covers the consumer and the retailor, no one else.

drunkmonkey

wmpdd3 wrote: »

You have no case with the manufacture, consumer law'covers the consumer and the retailor, no one else.

The manufacturers warranty is in addition to your consumer rights and can and should be used before taking any kind of court case.

Most shops will swap out a phone within the first month if theres a fault after that it will have to go for repair to be assessed by a qualified engineer.

With modern phones it would be very hard for a consumer to prove that the phone was faulty leaving the store if there was no-fault in the first month and no fault reported to the store, For a consumer it would be very difficulty to prove as your dealing with software which can be changed by the consumer or the consumer not having proper knowledge of how to work there device that caused the fault.

For example, a normal Nokia and this is a pretty common problem. If someone does not delete their text messages and after a while the phone memory becomes full to the point where the phone memory is completely full and the phone can not function or turn on is that the retailers fault? To the consumer it looks like a faulty phone to the retailer it looks like a faulty consumer, This problem happens a lot with school kids.


As I said with these devices it would be very hard to prove the retailer was at fault.

keithclancy

drunkmonkey wrote: »

For example, a normal Nokia and this is a pretty common problem. If someone does not delete their text messages and after a while the phone memory becomes full to the point where the phone memory is completely full and the phone can not function or turn on is that the retailers fault? To the consumer it looks like a faulty phone to the retailer it looks like a faulty consumer, This problem happens a lot with school kids.

This has never happened to me and I've had Nokia phones for the last 10 years.

theteal

drunkmonkey wrote: »

For example, a normal Nokia and this is a pretty common problem. If someone does not delete their text messages and after a while the phone memory becomes full to the point where the phone memory is completely full and the phone can not function or turn on is that the retailers fault? To the consumer it looks like a faulty phone to the retailer it looks like a faulty consumer, This problem happens a lot with school kids.

keithclancy wrote: »

This has never happened to me and I've had Nokia phones for the last 10 years.

This happens an awful lot. . .i'm thinking especially of the 2630 and handsets of that ilk

I understand your frustration drunkmonkey but the bottom line is that the contract of sale is between the consumer and the retailer

ardinn

To be eligible to use the Small Claims Procedure:
....You cannot make a claim if you received the goods or services as a gift....

and thats was their response, as the phone is a gift with the bill-pay package.

drunkmonkey

theteal wrote: »

This happens an awful lot. . .i'm thinking especially of the 2630 and handsets of that ilk

I understand your frustration drunkmonkey but the bottom line is that the contract of sale is between the consumer and the retailer

Happens to school kids and women mainly, the ones who send 1 to 4 thousand texts a month.
I agree and know the contract is with the retailer but the manufacturers warranty also plays a part in the whole process.
I'm really frustrated with Nokia, they continue to churn out garbage phones which will not last. I've personally called and wrote to them and gave them examples but no meaningful response, we'll look into it.

Had to delay posting this as someone came in who bought a 6700 on Friday and it's gone kaput already. Just swapped it for a new one for him.
It's criminal what Nokia and the likes are getting away with.

I'm going to have to praise Samsung though, they are making some of the most reliable phones out there at the moment. I'd have to struggle to think when I last sent one for repair that was due to a manufacturing fault.
Problem is I know my game but if recommend someone should get a samsung they think i'm daft as they want a Nokia as they've had a nokia for years.
It's gone to the stage where I only stock Nokia because the general public want them and perceive them to be reliable phones when in reality there anything but. The have cost me customers due to their terrible build quality and shoddy repair companies(i.e fonemenders)

There's not one Nokia in their current range that I can honestly say is fit for purpose under normal everyday use and will last anyone the full length of their warranty without a problem.

Personally when i've a problem with my phone I go straight to the manufacturer, I will not let it off to a 3rd party repair company.

drunkmonkey

ardinn wrote: »

To be eligible to use the Small Claims Procedure:
....You cannot make a claim if you received the goods or services as a gift....

and thats was their response, as the phone is a gift with the bill-pay package.

What phone is it, what's the recurring fault, who's the repair company it's gone to and what network is it on? I don't think you should be going to the small claims but I completely understand your frustration.

dudara

ardinn wrote: »

To be eligible to use the Small Claims Procedure:
....You cannot make a claim if you received the goods or services as a gift....

and thats was their response, as the phone is a gift with the bill-pay package.

Bollocks - the free phone is given as part of the phone package. It is not a gift.

ardinn

Its a sony ericsson xperia, with meteor.

Just on the phone to them there now.

Managers response when I asked for the phone to be replaced.

A refund can be given up to 14 days after purchase
A replacement can be given up to 28 days after purchase
And repairs can be given up to the manufacturers warranty (1year)

He's pretty adamant there isnt a whole lot we can do and the attitude is go to the courts if ye like.

drunkmonkey

What's actually wrong with the xperia, is it an x10?

Is it randomly turning off when your moving location or when it changes signal from let's say 2G to 3G?

ardinn

drunkmonkey wrote: »

What's actually wrong with the xperia, is it an x10?

Is it randomly turning off when your moving location or when it changes signal from let's say 2G to 3G?

its xperia 10 pro and it just doesnt charge, or does for little while, then stop. when put on charger the red light on right corner just flashing, but not charging.

drunkmonkey

ardinn wrote: »

its xperia 10 pro and it just doesnt charge, or does for little while, then stop. when put on charger the red light on right corner just flashing, but not charging.

The x10 has slightly different charger than the any other micro USB, are you using the charger that came with the phone, if your not it won't charge properly. I know we had to send back micro USB charges as it was causing the problems you describe. Does it charge ok with the USB cable it came with?

If you are using the proper charger I'd send the charger and phone directly to Sony with details of the repairs already carried out, you should be able to get them from the repair company.

ardinn

yes, i am using the original charger, and it doesnt work. tried the usb, and the car charger and they wont work either. I did bring it back to the shop already because of this, they fixed it and now after 1 month its broken again.

wmpdd3

I agree completely with you feelings about Nokia, I worked in a phone shop when the 1st batch of 3310's came out, pure crap, every case of 12 had 11 duds, 3 weeks before Christmas!

But get on to your account manager to argue with the suppliers, not the consumer.

tallaghtoutlaws

wmpdd3 wrote: »

I agree completely with you feelings about Nokia, I worked in a phone shop when the 1st batch of 3310's came out, pure crap, every case of 12 had 11 duds, 3 weeks before Christmas!

So did I and jebus what a nightmare that was.

drunkmonkey

ardinn wrote: »

yes, i am using the original charger, and it doesnt work. tried the usb, and the car charger and they wont work either. I did bring it back to the shop already because of this, they fixed it and now after 1 month its broken again.

I reckon it could be firmware related, what version of android is it running? Not sure if meteor ever released and firmware upgrades for it, it might be worth asking over in the android forms.

You could do a hard reset and see does that fix it but it might only work for a while hence the phone is acting up again.
If you use the sony update service and see is there any updates for it http://www.sonyericsson.com/cws/support/softwaredownloads/detailed/updateservice/1.689743/xperiax10?cc=gb&lc=en

Failing that i'd ask the Davinchi Team do you think an update would solve the problem as there's well documented problems with the x10 and charging.

But yea it'll up to sony to sort this out or the retailer but it's software related and can be cured with a bit of knowledge.

keithclancy

wmpdd3 wrote: »

I agree completely with you feelings about Nokia, I worked in a phone shop when the 1st batch of 3310's came out, pure crap, every case of 12 had 11 duds, 3 weeks before Christmas!

But get on to your account manager to argue with the suppliers, not the consumer.

Indeed, but i've never seen too many text messages causing the phone to stop functioning.

ardinn

Thanks for all the advice.

Posted a letter of complaint to the branch manager, will wait for response then see what happens.

Im not very tech savvy so not going to wreck my head looking for updates or software downloads. The thing should work!

Thanks again monkey you've been very helpful.

cyning

keithclancy wrote: »

Indeed, but i've never seen too many text messages causing the phone to stop functioning.

Happens all the time... a cheap nokia isn't designed for 4000 text messages but try explain that to a customer who is adament its your fault!!

On the X10 normally its the three time repair rule before they will replace it. Otherwise it will be SCC... It's an unfair system. And personally it drives me around the bend in work: but they will be your options: I'd file with SCC if I were you!

Lcronin2011

I feel your pain. This has happened to me before. I bought an LG cookie but it would only receive a selection of messages. They first changed my sim card to see was that the problem, yet i still wasn't receiving messages. I had then gone over the 7 day replacement thing with meteor so they said all they could do was send it to be repaired. Anyway same thing kept happening and had it repaired about 5 times. The sixth time i brought my mom in with me who was furious that they would let it go on so long after them clearly selling me a faulty good. In the end i eventually got a new phone, a sony erricsson for free coz it was worth the same value! that was only after having brought in my mom tho, i was sixteen at the time so they obviously thought they could get away with giving me crap service!! So i feel your pain! Tricky situation though

RangeR

drunkmonkey wrote: »

I'm really frustrated with Nokia, they continue to churn out garbage phones which will not last. I've personally called and wrote to them and gave them examples but no meaningful response, we'll look into it.

Had to delay posting this as someone came in who bought a 6700 on Friday and it's gone kaput already. Just swapped it for a new one for him.
It's criminal what Nokia and the likes are getting away with.

Yup. REALLY feel your pain on this one. Used to work in the distributor t the networks [Off Nangor Road, Clondalkin]. Nokia by far outnumbers all other manufacturer returns. It was a shame. On paper, they were brilliant but just so unreliable. Not sure when Nokia started going downhill. From memory, I think it was somewhere between 2000 and 2005 where we saw a huge spike in Nokia returns. They just sacrificed build integrity over market share. Plain and simple.

drunkmonkey

ardinn wrote: »

Im not very tech savvy so not going to wreck my head looking for updates or software downloads. The thing should work!

I'm going to have to pull you up on that, your know how to get to the internet and own an android phone, so saying i'm not Tech Savvy won't wash around here kid:)

As the co owner of an android phone and especially and x10 part of the responsibility of the owner is to make sure it always has the latest software. Also if there is a software problem which i'm pretty sure it is in this case you should know how to solve it yourself.
We haven't seen the best of the x10 yet, Gingerbread is on the way so it's glory days are yet to come. Pinch and Zoom will be a big bonus. It's not Sony's, The Phone Shop and not the repair company's responsibility to put Gingerbread on it. Your going to have to learn this on your own.

If you run the sony software update and possibly a restore it may fix your problem with charging.
Google "x10 charging problem" just so you don't feel alone, plenty of possible solutions available.

Post the charging problem over here http://www.boards.ie/vbulletin/forumdisplay.php?f=1343 and i'm sure someone will have been in the same boat as you.