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Hi all
I am wondering if anyone can help me, I am sorry in advance for this long post, but I will try and explain as best I can.
I bought a Moto G Smartphone from O2 on Pay and Go, on 1/4/2014 (about 8 weeks ago), and it has a fault where the caller is unable to hear me, I have been in touch with Motorola about this and even they couldnt resolve this issue, so today (10/6/2014) I took the phone back into the O2 store and after initially saying there was no Manager available, when I asked to speak to Head Office, a Manager suddenly appeared.
I gave them the Sale of Goods Act letter saying I wanted a refund (but I would have accepted an exchange for a different handset), she refused, so then I gave her the Unfair terms in Consumer contracts letter, and she still refused.
Then I was put through to the Franchise manager (I think) and he said it would cost them £300 to escalate it and they are not doing it, so I asked him for a letter explaining why O2 company policy trumps UK and EU Law, he refused and said they are not authorised to send letters out, but he did send me the following email.....
Good afternoon
Further to our discussion at 14:20 on June 10th, I unfortunately have to repeat the obviously does appointing news that we are unable to exchange your handset for a replacement model as you have had the device for circa eight weeks.
As discussed, had you returned to the store within seven days of the purchase we would have carried out a diagnostics and upon finding described fault, could have exchanged as required. Unfortunately as it is now significantly outside of our standard exchange period, we are obliged to defer to the manufacturers warranty and send the handset to be analysed and ideally repaired by a Motorola approved repair centre which we are absolutely willing to do.
As you have been informed by both myself and our team in store, we will provide you with a loaned handset (free of charge as opposed to the £25 fee we would usually require) whilst yours is away, but you have re-iterated that you do not want or need this service from us. The offer will of course still stand should you change your mind.
It is with great regret that we cannot fulfil your demand to swap the phone for another, I am also sorry to hear that this is the fifth or sixth Moto G model that you have felt the need to exchange (the first five having been purchased from Phones 4 You I believe you said) and can only encourage you to maybe look at alternatives should you choose to purchase again.
Regards
Jonathan Beckett
Sent from my iPad
Who is in the right here? As it stands I am without a working Phone and am £100 out of pocket.
Thanks in advance for your help.
I am wondering if anyone can help me, I am sorry in advance for this long post, but I will try and explain as best I can.
I bought a Moto G Smartphone from O2 on Pay and Go, on 1/4/2014 (about 8 weeks ago), and it has a fault where the caller is unable to hear me, I have been in touch with Motorola about this and even they couldnt resolve this issue, so today (10/6/2014) I took the phone back into the O2 store and after initially saying there was no Manager available, when I asked to speak to Head Office, a Manager suddenly appeared.
I gave them the Sale of Goods Act letter saying I wanted a refund (but I would have accepted an exchange for a different handset), she refused, so then I gave her the Unfair terms in Consumer contracts letter, and she still refused.
Then I was put through to the Franchise manager (I think) and he said it would cost them £300 to escalate it and they are not doing it, so I asked him for a letter explaining why O2 company policy trumps UK and EU Law, he refused and said they are not authorised to send letters out, but he did send me the following email.....
Good afternoon
Further to our discussion at 14:20 on June 10th, I unfortunately have to repeat the obviously does appointing news that we are unable to exchange your handset for a replacement model as you have had the device for circa eight weeks.
As discussed, had you returned to the store within seven days of the purchase we would have carried out a diagnostics and upon finding described fault, could have exchanged as required. Unfortunately as it is now significantly outside of our standard exchange period, we are obliged to defer to the manufacturers warranty and send the handset to be analysed and ideally repaired by a Motorola approved repair centre which we are absolutely willing to do.
As you have been informed by both myself and our team in store, we will provide you with a loaned handset (free of charge as opposed to the £25 fee we would usually require) whilst yours is away, but you have re-iterated that you do not want or need this service from us. The offer will of course still stand should you change your mind.
It is with great regret that we cannot fulfil your demand to swap the phone for another, I am also sorry to hear that this is the fifth or sixth Moto G model that you have felt the need to exchange (the first five having been purchased from Phones 4 You I believe you said) and can only encourage you to maybe look at alternatives should you choose to purchase again.
Regards
Jonathan Beckett
Sent from my iPad
Who is in the right here? As it stands I am without a working Phone and am £100 out of pocket.
Thanks in advance for your help.
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