Am I entitled to a replacement on a faulty phone I bought from 3?

Puddle-Jumper

Hi everyone, hopefully someone can help me here.

So I was sold a HTC one last year (November) from 3 as part of a bill pay plan. The device had a manufacturers fault with the camera, but I didn't notice that until a few months after I bought it. It's a known issue that HTC has acknowledged (I ever read somewhere that in the states T mobile would replace the device in store). When I approached 3 about this in July of this year I was told that the device would need to be sent off in order to verify the fault, thats fine I can understand that. But in the meantime I was told that they could give me a phone on loan or anything like that so I'd need to source something myself.

So 4 weeks ago I sent the phone off with 3. They were sending it to a middle man, SBE, who would then send it to HTC, and I was told that it would be back in 2 - 3 weeks. The time frame is important to me because I can manage without a phone here in Ireland but I'm out of the country a lot in the next 2 months so I need my device back.

So I have contacted both SBE and HTC. HTC said they were not able to find any record of my device being on their system, while SBE said that HTC have the device but there is a delay because they are waiting for parts to come from a manufacturer in Asia.

Initially I sought a replacement for my device but I was told that the fault would need to be verified, I imagine that it has been verified now so am I entitled to a replacement of the device? If so, can you explain why not?

Thanks.

Cabaal

Not going to comment on the defect or not part of this,

However, I would point out that if a defect not caused by the user is identified you need to request a refund/credit for the period you've had no services (however many weeks it ends up being in the end).

Even if the phone isn't defective due to a user fault I'd question the length of time they are taken to give you a response to what the issue is, this delay prevents you from making solid arrangements for an alternative phone and as such I'd still be seeking for refund/credits for monthly service payments if it was me,.

slimjimmc

Any verification or repair should not seriously inconvenience you, however 2-3 weeks does not seem excessive. You should let them know it's important you get the repaired phone back soon, and that any further delay would cause you undue inconvenience. Even of it doesn't help speed things up it'll alert them that it's a problem for you. If they indicate it could take much longer I'd start giving them a firm deadline after which you'll be seeking a replacement due to unreasonable inconvenience.

Puddle-Jumper

Well yeah I thought 2 - 3 weeks seemed reasonable too. Now however it's coming up to twice that period of time with me just being told that they "don't know, must wait for parts".

However all of that aside, the real question I'm asking is... given the device was sold to me in this way, am I legally entitled to a replacement? I believe I am.

slimjimmc

You're entitled to a repair or replacement, or if neither are feasible, a refund. The shop has offered to repair which you've accepted that, imo if you wanted to insist on a replacement you should have rejected the repair offer first time .
There is no defined time limit in law, simply that any redress should not cause serious inconvenience. That's the angle I'd be taking but you'll have to argue that point with the seller, or the SCC if you choose that route

Puddle-Jumper

Cool thanks.

I'm going to go into the store later today when I get a chance so hopefully it'll be resolved