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AIBU?

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AIBU to say no I want a new

19 replies

Buzzybb · 13/04/2010 23:36

Phone, My very nice mobile ph has been returned for repair 3 times in 9 weeks so my network replaced it yesterday with a new one which switches off and back on when taking or making a call , Network provider has said they can only send it for 3 repairs before it is replaced again I need a ph so this is not ok with me AIBU to expect them to give me a new different make of ph or my cash back as the mobile ph maker admitted it probably was a non repairable fault. Going back to them tomorrow as I was very cross and did not want to be unreasonable with the sales girl

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BigBadMummy · 13/04/2010 23:41

The phone is not "fit for purpose" and therefore should be replaced.

There was a case recently and I remember Dominic Littlewood (or whatever his bloody name is) talking about it whereby a bloke's TV broke down after two years and he got it replaced. There is a statute in consumer law that says an item should be replaced up to six years after purchase.

It is s law that few people know about, including manufacturers. BUt it exists.

And if you stand your ground you will get your item replaced.

I have had a few glasses of wine so cannot remember the exact details but I will go and do some Googling and come back.

Basically stand your ground. Your phone does not work, has not worked and needs to be replaced. Not repaired, but replaced.

Buzzybb · 13/04/2010 23:47

Thanks BBM I kept being told no that was not right in the shop today I was a bit I will do a bit more checking
Am on the wine also to calm me down. I did try to say the ph was not fit for purpose but the reply was The company policy is ....
Can't afford to change networks either as it would be more expensive and really do not want to pay for a new ph when this upgrade cost me £100

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thisisyesterday · 13/04/2010 23:49

actually i think you';ll find they are entitled to send it to repair rathe than replacing it

Buzzybb · 13/04/2010 23:53

Even though it did not work after it was taken from the box. I removed it charged it turned it on and it switched off during the first call?

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thisisyesterday · 13/04/2010 23:56

actually i might be lying.

checked the sale of goods act and it says you're entitled to a refund...

but i remember when I had problems with a pushchair, trading standards told me I did have to give them the chance to fix it.... hmmm

might be worth giving consumer direct a ring in the morning?

Buzzybb · 14/04/2010 00:03

They said check contract but that does not say anything about repairs instead of refund. You are prob not lying I bet all companies say let us repair it. but unfortunatly the problem with this ph is the same problem as the first ph so I know it cannot be repaired IYSWIM. I am a bit of a right fighter so I asked her to check I am not being unfair saying give me my cash back or a new different work smart ph with a good camera please

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Buzzybb · 14/04/2010 00:04

Asked here opps to much vino I think

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danmae · 14/04/2010 00:10

i had phone problams very like yours, after a bit of pushing they gave me a loan phone while mine went for repair. this was vodafone ireland but i imagin uk will do the same.

after second phone being faulty i think i would look for some compansation ie free credit, but then i can be a pushy cow

Buzzybb · 14/04/2010 00:17

danmae they will not lend a ph without a deposit even though my is worth more then the basic one they would give me, Don't think they will give me free credit either Will have to keep saying no i want a new ph I guess Am going to have to practice my I am being nice to you but I still will get my new phone from you attitude

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WebDude · 14/04/2010 02:41

What network?

Just that for under 25 quid you could probably buy a new PAYG phone in Asda on same network (and for a bit more, an unlocked phone so will accept most if not all SIMs) to keep as a spare for all time.

I'd actually suggest the unlocked phone as a backup so if in future you or a relative / friend needed it would accept a different network SIM.

Not awake enough to go hunting right now for "consumer rights" web pages for people in your situation, sorry.

Buzzybb · 14/04/2010 18:46

danmae they have offered me ph credit as a goodwill gesture, Yes thank you but I still have no ph so as to what use ph credit would be to me I don't know, also spent 2 hrs in store trying to get an ans that was not return the ph for repair and we will text you when it is returned. Still not sure how I recieve a text with no ph. Their sales person has recommended small claims court

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Buzzybb · 14/04/2010 18:52

Webdude will be changing network so will wait to see what they have available I know this is mean but DP spent £120 on the ph so I always had a camera to take pics of DD so am really reluctant to land out more cash but tks I ever thought of ASDA for a ph might do that if I have not changed network by the weekend and yes it would be handy tohave a spare ph never thoght of that

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Buzzybb · 14/04/2010 18:53

Am with vodafone so not sure who to switch to

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WebDude · 14/04/2010 20:34

Ouch. What make and model phone is it? Just that there might be some comments online. Presume this is a PAYG phone not on a contract...


If you have an Asda and Asda Living then you may find bigger variety in Asda Living.

They seem to be one of the few places you can buy a PAYG phone without being forced to pay for a top-up as well.

Trying to get a PAYG in Carphone Warehouse, you'd need to also pay 10 (card) or 20 (cash) on top of cost of phone. Argos used to sell the phones without top-up but I think the networks must have threatened them and they now require a top-up fee too.

I know you don't want to lay out extra cash, but an unlocked one should be usable (don't know about Three network) with any of the UK SIMs.

Asda SIM works over Vodafone network and if they give you a goodwill credit then the cheapest unlocked (probably about 25 quid) could be used until that cash ran out.


Also, to give them some real "consumer" issues instead of bl**dy election topics, you could contact Radio 4 "You and Yours" and ask if others have as many problems with faulty mobiles from Vodafone.

You might find it worth complaint online to Vodafone, and tell them that you are about to ask the BBC if they have had reports of problems with Vodafone replacing phones. It will give them a final chance to send you a brand new phone.

If you key in * # 0 6 # (no spaces) the mobile phone should give you the IMEI (like a serial number) or that may be on the box.

(Just something to note so you can be sure whether they have sent you a NEW phone or your own faulty one back.)

Perhaps you can say to Vodafone that they have a week to get you a new phone... and then you could give Radio 4 as many details as possible, explaining that you liked the style of phone and facilities like the camera (to take photos of your DD) but that Vodafone has messed you about, and after the history of returns all you want from them is a new working model that will switch on and work, not for a day, not for a week, but for the next 12 months and longer.

If the story is taken up by "You and Yours" then I bet that as soon as one of their researchers makes contact with Vodafone, there will be a new phone on the way and an apology on the radio about how sorry they are that you had problems with your phone.

Buzzybb · 14/04/2010 21:05

Tks Webdude I actually threatened them with a solicitor It is a Samsung Tocco I am refusing another Tocco but will take another Samsung if pushed but really want money back and not £30 credit. Landline rang about 20 min ago asking for DP doing a survey for Vodafone, he would not do the survey or give me the ph [probably safer really] Might ring citizens advice in the morning but for now am off to get the IEME no would never have thought or known about that so again thank you.
I know I am being unreasonable but am afraid if I hand over the ph they will fix it and say nothing is wrong DD is almost ready to walk and will cry if I miss it as have used ph to picture/record all her first's
Not sure I am brave enough to go public will see how cross I get in the morning am expecting an email before 10 am but am still waiting for a ph call that was supposed to come before 1 pm

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WebDude · 14/04/2010 23:25

Actually I might have chosen a Samsung but someone (a friend, not on net) made very negative comments about them. Which model Tocco is it? Have checked at GSMarena.com and saw versions with 3 Mpixel, 5 Mpixel and 8 Mpixel cameras

Sony Ericsson has good reputation for the camera (Cybershot) but might be more costly. Crying shame I dropped my K800i (Cybershot) in the cat's milk and killed it completely, else I'd have willingly given you that one to capture the 'essential' pix...

Can understand that 30 quid credit is no good esp as phone is unreliable (or is it kaput right now?)

Hope they get back to you with a solution you like. If not, then do threaten them with "plan to contact the BBC to see how many others get similar problems, and as many mobile phone discussion websites too".

Re 'Going public' - treat it as more embarrassment for the company and thus greater threat than a solicitor... Plenty of times BBC won't even get the person on air, but explain the problems, then get response from company... Company often ends up grovelling, as bad publicity on national radio can be damaging for high profile firms...

Buzzybb · 14/04/2010 23:51

It is a Tocco lite so 3.2 mpixel camera which really gives fab pics We got samsung as have had them for yrs with no prob and because they are one of the best in regards to touch screen ph's If I get my or rather DP'S money back I will get another nice ph so it is good to know I will have a look at the Sony Ericsson or maybe a nokia Will practice my I am going to the BBC and will tell them how awful you are and how I missed DD first steps My Mum thinks she has recorded them so am off to download it to see if I get ph from dd. Mum was recording her walking along the couch when dd saw the ph and took a step and a half before she realised she had nothing to hold on to and went plop the tears were heart breaking

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Buzzybb · 14/04/2010 23:53

Actually am an awful Mummy I did miss her first steps as was in dining room pouring a glass of wine

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WebDude · 15/04/2010 01:03

Oh dear, both for your embarrassment about why you missed her first steps, but also about the tears... but glad your Mum hopefully captured event. A moment to cherish.

Although camera is good on Sony E. I'd actually check other phones too for (a) use of micro-SD memory card (cheaper, with different manufacturers, rather than locked into Sony 'M2' card for Sony E.) and (b) some phone which can capture video (even if low quality).

Micro-SD cards can be up to 8 GB and if you look on www.GSMarena.com it should show maximum possible for any particular phone (if UK web store or shop doesn't know). Clearly if you can record video, you need to be able to store more on the card, and pound for pound I think the micro-SD ones offer best value - eg 8 GB card for 11 to 14 quid depending on whether it has an SD adaptor with it (to fit into some phones or USB adaptors). (Worth a look on Ebay to compare with any shops or supermarkets - myworld.ebay.co.uk/benthamltd/ was fast when I ordered stuff [also trading as IJT - myworld.ebay.co.uk/ijtdirectltd/ ])

Then worth getting a USB adaptor that handles SDHC for under a quid from Hong Kong with free postage (Means you can remove one card and put a spare into mobile, while the 'full' one goes into adaptor and into PC for you to copy all the photos off)

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