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Can someone help us please? Not AIBU but answer needed ...

(12 Posts)
ChunkyMonkeyMother Wed 14-Sep-11 20:12:09

Does anybody know the legalities of a phone contract with Orange?

My husband and I both have the same Blackberry handset - they have both been replaced over 3 times, he has just got a replacement today which has already crashed and died ...

He is currently on the phone to them to talk about changing to a different handset - They are trying to fob him off with yet another Bold 9700 - We see this as unacceptable, especially due to the amount of replacements we have had had.

Does anybody know if there is a way to get around this in terms of consumer rights/laws? We are looking at getting the equivilant which is an Iphone but they are passing him from pillar to post and saying they cannot change it to anything other than another Blackberry ...


Sorry about the wrong topic posts but I know this is a busy area

ChunkyMonkeyMother Wed 14-Sep-11 20:12:41

We also both pay the extra monthly insurance

mousesma Wed 14-Sep-11 20:32:09

I'm pretty sure that they are fulfilling the terms of the Sale of Goods Act.
If the phone breaks then they have to either repair the phone or replace it which they are already doing.

The Orange contract terms seem to state that they will replace with the same model unless the same model is no longer available.

If you make enough fuss they may allow you to switch to iPhone as a goodwill gesture but they're not legally obliged to.

N.B. I am not a legal expert so hopefully someone will have some better news.

ChunkyMonkeyMother Wed 14-Sep-11 20:44:52

Hmmm we are making a massive fuss - Thats the part thats annoying me ha ha I know how to work these places usually, put on a sob story then attack and annoy - But they are saying that even though they have replaced the phones 8 times between us they are not going to give us anything other than blackberrys - They have even admitted that if we had other brands of phones they would change them no bother but there is something in the Blackberry contracts that says they will only basically move sideways with them!

Just wondered if there was something that says because we have had so many of them they were obliged to switch to something else - So annoying, we've even tried to "Give us the PUK numbers" and there has been little give, only that they will give us brand new Bold 9800s instead of refurbed 9700s

Blargh should have just got a damned iphone!

ChunkyMonkeyMother Wed 14-Sep-11 20:45:15

Thank you btw!

Groovee Wed 14-Sep-11 20:55:49

My dh had the same with his nokia N97 or whatever it was. Orange just replaced it but after 3 new handsets I felt he should have got a different handset.

MarKettle Wed 14-Sep-11 20:57:23

Is the Blackberry Bold 9700 even a current handset? DH works for a mobile phones company and he said he doesn't think that's available anymore - which means any replacement 9700 is probably a previously faulty refurbished item. It's not an equivalent handset so it's unlikely they'll give you the iPhone

MarKettle Wed 14-Sep-11 21:00:14

Sorry, x post. So they know they are giving you refurbished handsets? It could be that your tariff is a Blackberry Tariff, in which case they really can only offer you another Blackberry. Can you cancel the contract with them, and take out a new one with another network?

ChunkyMonkeyMother Wed 14-Sep-11 21:18:46

We've asked about cancel - to cancel both contract its over £400 sad

Yes they are saying that they are contractually obliged to give out refurbed I.E previously broken handsets

My DH has been on the phone with them for over an hour and we are getting nowhere, it is so frustrating, if we bought a toaster that was this faulty I would have taken it back for a refund by now - Why do these phones seem to have this immunity? So ridiculous, I have been with Orange for over 7 years now and they have really dropped their standards recently!

izzywhizzyletsgetbusy Wed 14-Sep-11 21:21:02

Have a chat with Consumer Direct tomorrow

Vicbic Wed 14-Sep-11 21:27:33

My DP had the same problem with orange and an HTC handset(s). After 3 faulty handsets he kicked up a fuss and they gave him an iphone. this was about 18 months ago, so they definitely used to do it!

ChunkyMonkeyMother Wed 14-Sep-11 21:54:18

They deffo used to do it, I have had it done previously from an SPV to a Nokia - Its all over now and they are sending us out brand new (so not refurbed) 9780s tomorrow - Not happy but will put up and shut up until January at which point I will buy myself out of the contract!

Lesson learned - Come to terms with the fact that at one point or another you will have to sell your soul to the forbidden fruit and live you iLife in peace!

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