Mobile phone contracts when the phone stops working

monkeypants

Joined Meteor in August 2011, bill pay Smart plan, with an SE phone. Phone had to go in for repair on 07-May-2012, inside the one year period. Have not received the phone back yet due to various reasons, none to do with me.

Under Consumer Law, my rights are to repair, replace or refund. I've tried the repair, but it's been over a month now and I still haven't received the phone back. The next steps should be replace or refund, which I think in this case would mean cancelling the contract without penalty as the phone and contract were bought together. However, when in the local Meteor store on Saturday, I was told that the phone wouldn't be replaced and the contract could not be cancelled without penalty.

What are my options in such a situation?

NeitherJohn

Well, the first option was the repair and it hasn't been completed yet. I think you should still wait. If the phone comes back and the fault appears again then you have recourse for a replacement or refund, as the repair wasn't permanent.

I don't think you can call for a replacement or a refund because of a delay in the repair process.

You could call the repair centre yourself for an update.

monkeypants

NeitherJohn wrote: »

Well, the first option was the repair and it hasn't been completed yet. I think you should still wait. If the phone comes back and the fault appears again then you have recourse for a replacement or refund, as the repair wasn't permanent.

I don't think you can call for a replacement or a refund because of a delay in the repair process.

You could call the repair centre yourself for an update.

Thanks NJ, but they haven't given me the number when I've asked. How long should one wait for a simple repair before asking to exercise one of the other options?

djdunny

OP have you tried going to www.fonfix.ie yet?

Click on option 1 "check current status"

Put in your imei and see what comes up.

It should give you details, provided your phone was sent there. Not 100% sure who meteor use for repairs.

Hope this helps

Regards
Dunny

viclemronny

Send the store manager and the head office a letter outlining your grievance and what you think would be an appropriate solution at this state. Send it by REGISTERED POST.

Explain to them that if the issue is not rectified within 10 working days that you will be taking a claim in the small claims court. If they don't rectify it, get in touch with the small claims court. 2 things to note, let each of them know that you've contacted the other to prevent the issue getting confused and messy and maintain a polite but firm demeanour in your letter.

Also, to reiterate, send it by registered post. When they see that you're starting a paper trail, it shows them that you are not going to be fobbed off and mean business.

foggy_lad

monkeypants wrote: »

Joined Meteor in August 2011, bill pay Smart plan, with an SE phone. Phone had to go in for repair on 07-May-2012, inside the one year period. Have not received the phone back yet due to various reasons, none to do with me.

Under Consumer Law, my rights are to repair, replace or refund. I've tried the repair, but it's been over a month now and I still haven't received the phone back. The next steps should be replace or refund, which I think in this case would mean cancelling the contract without penalty as the phone and contract were bought together. However, when in the local Meteor store on Saturday, I was told that the phone wouldn't be replaced and the contract could not be cancelled without penalty.

What are my options in such a situation?

Write a formal letter to the store giving them ten days to return your phone fixed or you will be starting a small claims case. any repair must be permenant and those performing the repair should be competant and a phone repair should take 10-15 days at most, even if sent to the UK.

Also the contract is for service but the phone is part of that contract and should last at least the length of the contract under reasonable use, if they refuse to replace the phone just start a case in the small claims court and they will have to take back the phone and end the contract as that is what would be considered reasonable in that type of situation.

NeitherJohn wrote: »

Well, the first option was the repair and it hasn't been completed yet. I think you should still wait. If the phone comes back and the fault appears again then you have recourse for a replacement or refund, as the repair wasn't permanent.

I don't think you can call for a replacement or a refund because of a delay in the repair process.

You could call the repair centre yourself for an update.

Repairs should be done in a reasonable time and over a month is not reasonable for a mobile phone repair!

viclemronny wrote: »

Send the store manager and the head office a letter outlining your grievance and what you think would be an appropriate solution at this state. Send it by REGISTERED POST.
<snip>
Also, to reiterate, send it by registered post. When they see that you're starting a paper trail, it shows them that you are not going to be fobbed off and mean business.

Registered post is not necessary as even the courts service regards ordinary post as sufficient.

viclemronny

foggy_lad wrote: »

Registered post is not necessary as even the courts service regards ordinary post as sufficient.

Oh of course regular post is sufficient. It's merely that regular post can easily be ignored and pawned off as 'lost'. Also, registered post has tends to carry greater weight I find, in the sense that the recipient thinks 'Ok. He's starting a paper trail and will have a provable date that we received it. It's probably best to just deal with him.'