Expensive mobile phone on contract, (Issues.)

[JayDeeKay]

Hi there guys and girls!

I've recently discovered this website and it's a Godsend.

On the 19th of September, 2012 - I went to Phones 4 U to upgrade for a new contract and phone with O2. (The device is the Samsung Galaxy Note 2.)
All was fine, simple and easy. However, on the 2nd of December, 2012 - I awoke to find a crack in the LCD screen. I swear blindly, that I did not do this. I cherished the phone, I was way too cautious on how I placed it upon surfaces and how I used it.

As soon as this happened, I called O2 as they are the ones whom I have a legal binding with. They issued a booking for their repair center and collected my device the following day, (3rd of December.)
I then left it for the day, and checked the status on the 4th of December. To my dismay, I noticed that they said it was "Out of warranty." As I was perplexed, i promptly got in touch with O2 via their live web chat services.
They told me that as there was a crack in the screen, they will not repair it as it's "accidental damage." I then told them to read my original report as to how it happened and I was basically called a liar. I asked for a copy of the original "engineer's" report but to no avail. I was told that I am not entitled to any documentation provided for my property. Upon receiving this news, I was seeing red. I remained calm throughout the conversation.

Are they allowed to make assumptions? I then filed a complaint via email, providing hundreds of links to other's who have the same issue (albeit on similar devices, all Samsung's,) as well as a YouTube video depicting the durability of the Galaxy Note 2. The video shows numerous stress tests done inside Samsung's own Korea lab. The results of the tests was that it came out unscathed. It was uploaded by SamsungTomorrow which is in fact, Samsung's Korean YouTube channel.

I then received a "report," which is not a report at all. It's just a quote of £130.86 for a replacement LCD screen.

Now, my device is 3 months old. There is no damage, scuffs or marks whatsoever. There is no way that I could have damaged the phone and it be in pristine condition.

What are my rights? My friend who was a barrister told me to check up on the Sales of Goods Act. Preferably section's 12, 13 and 14. I have done.

(This is a short story of what's happened, just a general summary. O2 still have my phone at the repair center and I have yet to reply the cause of action.)

Many thanks guys.

[Hurricane Puffrose]

Re: Expensive mobile phone on contract, (Issues.)

these are the warranty terms and conditions (after a stand up fight and I pulled rank with the 02 guru.. guru my 3 year old knew more!)

12 Your Equipment
12.1 Unless we’ve specifically agreed to sell you Equipment on an “equipment only” basis, we’re supplying it to you because you’ve agreed to enter into the Services Agreement and to receive the Services for a Minimum Period. Because you’ve agreed to subscribe to our Services, we’ll normally supply the Equipment to you for no charge or for a charge that includes a large reduction on its normal cost. If you cancel the Services Agreement under paragraph 10, this Equipment Agreement will also be cancelled.
12.2 If there is a charge for the Equipment it will be detailed on our Website or in any relevant marketing materials. The cost of any Equipment bought on an “equipment-only” basis or any additional Equipment purchased will be detailed on our Website or in any marketing materials. The cost will be payable at the time of purchase or added to your first bill (as we agree).
12.3 Any Equipment that we deliver to you or that you collect, is your responsibility once it is collected or delivered to you. Once you’ve collected or received it, you own the Equipment.
12.4 If you bought your Equipment or SIM Card directly from us and it is defective, not in accordance with any description given to you by us, not reasonably fit for purpose or it develops a fault, you’ll be able to return it for repair and, if appropriate, replacement or refund if you follow our repair and returns policy.
Please look on our Website or contact customer service for details. You should call us as soon as possible if any of the circumstances above apply to you to make sure that you are able to exercise any rights you have. Alternatively, if you experience any difficulties with your Equipment within your warranty period, you can contact the manufacturer for replacement or repair under the manufacturer's warranty service usually detailed in the User Guide(s). This doesn’t affect your statutory rights.
13. Important – your right to change your mind about the Equipment Agreement
13.1 Unless we’ve said otherwise, if you purchased your Equipment directly from us (rather than one of our distributors), you may return your Equipment to us once for a replacement or cancel this Agreement up to 7 working days after the date on which you receive your Equipment (the “Change-Your-Mind Period“). This is in addition to any statutory rights you may have. You must return it to either an O2 Shop or through the methods described in our repair and returns policy. Check our Website, ask in an O2 Shop or call customer service for details of our repair and returns policy.
13.2 We’ll bear the reasonable postage costs of returning the Equipment with original parts and the original packaging, as long as you follow our repair and returns policy, otherwise you must bear the cost of returning the Equipment to us.
Check our Website, ask in an O2 Shop or call customer service for details of our repair and returns policy. We may charge you the reasonable costs that we incur in collecting it, which may be substantial. You must make the Equipment available for collection on our request. If you paid any money for the Equipment, we’ll refund that money to you when we get the Equipment back from you, less any charges.
13.3 If you cancel your purchase of Equipment, you may still be liable to us for the Charges under your Service Agreement for the duration of any Minimum Period.
13.4 Nothing in paragraph 13 affects your statutory rights.


What I suggest is ask 02 to return the phone and send it on to Samsung themselves.. if samsung are saying the problem is there, they must know about the problem itself.

[JayDeeKay]

Re: Expensive mobile phone on contract, (Issues.)

Thanks for the reply Puffrose!

I've emailed Samsung earlier this morning, providing them with the same links of issues on their devices. I've also emailed them the YouTube video about the durability of the Galaxy Note 2. Unfortunately, from what I have read about Samsung - Is that they don't give a damn, at all.

I checked the T&C earlier on as well and I got that exact information. The warranty for the Galaxy Note 2 doesn't include "accidental damage." That's what I'm trying to fight. The fact that it's not accidental damage, it's a manufacturing default which refuses to be acknowledged.

[Hurricane Puffrose]

Re: Expensive mobile phone on contract, (Issues.)

I will look deeper in to this for you, but atm i have an ill boy at home who is running me ragged.

bear with me and i can do what I can

[JayDeeKay]

Re: Expensive mobile phone on contract, (Issues.)

I've been delving deeper into statutory rights since this whole fiasco. I've got a few people helping me, my ex barrister friend and now you I love communities like this!

Hope your boy's alright, when they get sick - They get sick!