Mobile phone issues

[bassman001]

Hello, I'm new to the forum so apologies if I am not posting in the right area but I am after a bit of advice with regards to a Nokia C3 mobile phone I bought from a Vodafone shop in September 2010.

I am on a Vodafone contract which expires August 11 however the phone I had with the contract met an unfortunate end (long story however it involved a swimming pool and is completely kaput).

I therefore decided to buy a make-do phone until I was in a position to upgrade my phone.

I bought the Nokia C3 as it was fairly cheap but had wi-fi etc. and was fairly well specced for the price.

In late December 2010 I turned my phone back on and for some reason the phone memory had been wiped (contacts/messages etc) and I could not use the internet browser there appeared to be some software fault. The phone was prone to turning itself off for no reason as well.

I took the phone back to the store I bought it from in January 2011 and asked for a replacement as the handset was clearly faulty.

The lady on the help desk said that I could not exchange the phone with them as it was Nokia's responsibility.

(I should have done some research prior to attending)

They said that they would send the phone off for repair and after a week the phone had been returned to the store. They said that they could not find a fault on the phone, however the operating system etc had been re installed and the phone worked perfectly well.

Yesterday I was at work and when I finished I turned my mobile phone on. To my annoyance exactly the same thing happened as had happened before.

The phone memory has been wiped again, all my messages and contacts are gone and I can only use the phone to make phone calls and send messages. I cannot use the internet (which I need to use) as the settings have been wiped etc. and although I have a copy of the manual settings to input, half the options on the phone menu have disappeared (as last time).

There is clearly a fault with the phone and as they have not been able to locate it thus far all that will happen I suspect is that they will offer to send the phone off again, which will be returned and within a period of time, will wipe all my contacts and settings from the phone and the cycle begins again.

All I want is a replacement phone and not to be fobbed off and told to contact Nokia for a replacement as it is just more hassle and inconvenience for me.

Can someone offer some advice as to where I stand? As far as I am concerned the phone is faulty and they have had the opportunity to repair it, which has been unsuccessful.

Many thanks in advance.

[Guest]

Re: Mobile phone issues

Your contract is not with Nokia, but with the shop and you must insist that they deal with. Should the retailer wish to send it to Nokia, that is their prerogative, but it is nothing to do with you.

Consumers in the UK have the statutory right to expect that goods must be of satisfactory quality, they must be safe, in working order and free of defects, are fit for purpose and capable of doing what they are meant to do. It enables us to request a repair, replacement or even a refund at any time, bearing in mind the price you have paid and the expected lifetime of the product. In many cases, this may be longer than two years and could be anything up to six. (Five in Scotland)

For more detail, look here. Broken tv - bought 28 October 2009 from Currys - Legal Beagles Consumer Forum This thread details a television, but just as easily could be a mobile 'phone. Pay particular attention to post #2, which also details the reverse burden of proof.

[bassman001]

Re: Mobile phone issues

Thank you for the reply.

I have read the post recommended and it is certainly informative.

I just have one question though. If they refuse to refund me/replace the phone and instead state that they want to send the device for repair (even though it has been away once and they were unable to permanently fix the fault) can I demand a replacement phone or do I have to give in to them and hand the phone over for repair again, at expense and inconvenience to me?

Many thanks.

[Guest]

Re: Mobile phone issues

Should they refuse to refund you or replace the 'phone, ask them for their address for service, because you intend to issue a claim against them in the County Court under the Sale of Goods Act 1979, as amended by the Sale and Supply of Goods Act 1994 and the Sale and Supply of Goods to Consumers Regulations 2002. Inform them also that you will make a complaint to your local Trading Standards office, since they are committing an offence.

By not offering a refund or replacement, in particular since the product developed this fault within the first six months, they are breaking the law.

This is not a point for discussion, it is not open to interpretation or negotiation, it is your statutory right, as a consumer, to have goods that conform to contract.

You should also inform them that, should it be necessary for you to litigate, your claim will include court fees, interest pursuant to statute and an additional sum for your costs and expenses.

Issuing a claim like this is child's play and if it does prove necessary, come back here and ask for details on how to do it.

[bassman001]

Re: Mobile phone issues

Thanks for the advice, I'm planning to go back to the shop on tuesday when I'm off work so I'll let you know how I get on, once again thanks for the advice.

[bassman001]

Re: Mobile phone issues

Well, I've been to the Vodafone shop to try and resolve this matter. Things did not go according to plan.

When I arrived in the shop the person serving behind the help desk was the same person I spoke to when I reported the initial problem with the phone.

I explained the situation, ie the original fault had reoccurred and their attempts to repair it had clearly not worked.

She stated that she would take the phone to be sent off and repaired again.

I stated that I did not want to do this as there was no guarantee that they would be able to fix it and I would be back to square 1. I stated that I wanted to replace the handset with a new one.

'Rachel' (as I later found her name to be) stated that they could not do that as it is not policy blah blah blah... and that I could only have returned it within 7 days of purchasing it. I stated that the fault did not become apparent until 3 months after purchasing it. She stated that 7 days is what they class as being a 'reasonable period of time' once again I made the point that the fault did not appear until 3 months afterwards.

I stated that they were breaking the law as the handset was faulty when I purhcased it and stated the legislation. 'Rachel' was very defensive and quite frankly rude and disinterested.

I asked to speak to the manager and she cockily told me that she was the manager. I asked her to explain how Vodafone policy circumvents UK law to which she started quoting vodafone policy. I asked to see a copy of this. She stated that the 'terms and conditions' were plastered on the back of the tills (I have v good eye sight, however I would have needed a microscope to read it). She then gave me a web address www.vodafone.co.uk/help. I would have checked it there and then however my phone was faulty......

I stated that I would take the matter up with trading standards as well as pursuing the matter through County Court and making a complaint to Vodafone (with who I have been a customer since 2005).

All in all, 'Rachel' could not have been more unhelpful and actually accused my of downloading 'material' that could have caused software problems with the phone.

I said to her that all that would happen is that I would get my phone back and within a month it would once again wipe all my personal data and not work. She stated that I would have to keep bringing the phone in to be repaired whilst it was still under warranty.

Eventually I managed to tease it out of her that if the same fault was to re-occur 3 times within 3 months then they would replace the handset although she initially indicated that I would have to keep bringing it in for repair as many times as was needed.

I am rather peeved to say the least.

I'm going to contact Trading Standards and draft a complaint to Vodafone. Could you please assist with the County Court side of things.

Many thanks in advance.

[Guest]

Re: Mobile phone issues

Send them this.

Dear Sir

LETTER BEFORE ACTION

Following a visit to your (NAME OF TOWN) branch, where your store manager accused me of damaging my mobile 'phone with "material" that I had downloaded and since your company is apparently intent on denying me my rights under the Sale of Goods Act 1979 and other relevant or related Legislation such as the Supply of Goods and Services Act 1982, Sale and Supply of Goods Act 1994 and The Sale and Supply of Goods to Consumers Regulations 2002 kindly provide me with an address for service in order that I may issue a claim against you for the repair or replacement of this item.

I was told that, since my telephone (INSERT PHONE MAKE AND MODEL) was now more than seven days old, it would need to be repaired and could not be replaced. This is complete nonsense as I am sure you must be aware. Goods which do not conform to the contract of sale at any time within the period of six months starting with the date on which the goods were delivered to the buyer must be taken not to have so conformed at that date. Therefore, during that first six months, should I choose a replacement product it is up to you to prove that the goods do conform to contract, should you refuse to replace them. This is termed the "reverse burden of proof" and I am astonished that your staff are informing customers that we have just seven days to ascertain if the products you supply are faulty. Vodafone terms and conditions do not supersede UK and EU law.

The telephone I have is faulty. It needs to be replaced because it is faulty and because I have already been fobbed off with one failed repair I am not prepared to accept another. I also expect Vodafone to take their responsibilities under the Sale of Goods Act 1979 seriously and I would suggest staff training is required since it appears that knowledge of the law pertaining to faulty goods is deficient.

If you are in any doubt as to what to do with this letter, then I suggest that you place it before your corporate counsel without delay.

Yours

Stop dealing with the staff at the shop. They have neither the authority nor the inclination to help. Deal only in writing and if you should not receive a satisfactory reply to the letter above, issue a claim against them for the full cost of the handset, court fees, interest and any other associated costs.

Should you need to issue a claim and need some more advice, please come back and ask.

[pompeyfaith]

Re: Mobile phone issues

Since when did vodafone policy over rule statute law.

They are not above the law.

Follow cetelco's excellent advice

[bassman001]

Re: Mobile phone issues

Thank you for the letter, it's certainly better that the one I drafted!

I will post it first thing in the morning and hopefully I will receive a reply reasonably soon.

Once again thanks for all the help, I'll let you know how I get on.

[Vodafone Company Rep]

Re: Mobile phone issues

Hi bassman001,

It's disappointing to read about your experience and dissatisfaction here but thanks for making us aware of this.

Our usual policy and processes concerning exchanges, refunds and repairs can be seen on our website here.

However, as I can see the difficulties you've encountered I'm happy to take a closer look at this if you're able to email your details across to me via the Contact us form here quoting the code WRT135 - FAO Lee in the subject line.

Once you've sent it you'll receive an automated reply with a reference number and so I can make sure it reaches us could you update the thread with this for me and I'll come back to you as quickly as possible?

Kind regards,

Lee

Web Relations Team

Vodafone UK

[Guest]

Re: Mobile phone issues

Hello Lee

Without wishing to appear churlish, bassman001 did not make you aware of it here, but in one of your shops and to all intents and purposes, as you have read, Vodafone did not care very much.

Perhaps you could clarify the position of Vodafone for us all with regard to the failure of a handset and the assertion by a Vodafone store manager that the handset must be returned to the manufacturer, in this case Nokia, for repair.

[Vodafone Company Rep]

Re: Mobile phone issues

Hi Cetelco,

From what bassman001 has posted I acknowledge that this hasn't been handled to their satisfaction which is regrettable and something which we'd like to take another look at.

Generally, we will attempt to rectify any manufacturing fault via the repair route once a customer has had their phone for more than seven working days.

In instances where our own repair centre may be unable to resolve the fault it would referred to the manufacturer for further investigation and of course if it was deemed that the fault could not be fixed then a replacement would be made available to the customer.

Kind regards,

Lee

Web Relations Team

Vodafone UK

[leclerc]

Re: Mobile phone issues

Hi Cetelco,

From what bassman001 has posted I acknowledge that this hasn't been handled to their satisfaction which is regrettable and something which we'd like to take another look at.

Generally, we will attempt to rectify any manufacturing fault via the repair route once a customer has had their phone for more than seven working days.

In instances where our own repair centre may be unable to resolve the fault it would referred to the manufacturer for further investigation and of course if it was deemed that the fault could not be fixed then a replacement would be made available to the customer.

Kind regards,

Lee

Web Relations Team

Vodafone UK

Lee, with respect, they sent if for repair as you have indicated but the repair did not repair it. Bassman then went into the shop for the second time and spoke to the assistant who originally dealt with the phone and they more or less said, we won't replace it but we'll send it off for repair for the second time. Had they followed what you have indicated then the OP would NOT be asking on here for advice and you would not have to spend your time responding to the post. It's poor customer service at the shop in question and perhaps a reminder of what your processes are might be worth adding to any internal communications that you have with the shop so that the managers can make juniors aware of this.

[Vodafone Company Rep]

Re: Mobile phone issues

Hi leclerc,

I absolutely accept that this situation hasn't been handled to bassman001's satisfaction so far, but hopefully we'll get another opportunity.

I never like reading about instances where our customers have commented on how unhappy they've been with their experience with us.

However, where we can spot these cases online we'll offer further assistance in an effort to bring about a suitable conclusion for the customer wherever we can.

Let's watch this space.

Lee

Web Relations Team

Vodafone UK

[leclerc]

Re: Mobile phone issues

Hi leclerc,

I absolutely accept that this situation hasn't been handled to bassman001's satisfaction so far, but hopefully we'll get another opportunity.

I never like reading about instances where our customers have commented on how unhappy they've been with their experience with us.

However, where we can spot these cases online we'll offer further assistance in an effort to bring about a suitable conclusion for the customer wherever we can.

Let's watch this space.

Lee

Web Relations Team

Vodafone UK

Do you think your rep was right given the details posted not to offer a replacement?
Were they following the correct company policy because I think Bassman has given a very good outline of what was said to him and the circumstances in his case?