O2 Insurance, within 20 days faulty phone and they wont replace

[Mervalous]

I have had my phone for over a year, had some problems with it and got a new one on the insurance which cost me £25 excess.

This was replaced on the 06th July, 31st July phone is faulty and they wont replace it as its not within 14 days.

They are saying that because they are an insurance company they are not covered by the sales of goods act etc etc and that I need to go to a shop and get it sent off for repair.

So where do i stand legally?

[craigwalton]

Hello,

It depends on where you got the phone from. They are not covered under the act if they gave you the money to buy the phone, less the xs. If they nominated a company to replace the phone then they are wrong. Complain again - if you are getting nowhere as them for a "final decision letter" so you can complain to the ombudsman

[Mervalous]

I got from them, basically I pay a £25 excess and they deliver the phone to me.

Does that make them then a supplier of goods so should fall under the sale of goods act?

[craigwalton]

Yes

[mooreda]

my advice would be to get in touch with your local Council and ask to speak to Trading Standards. Explain the situation to TS and get them to deal with your complaint - that's part of TS job to help consumers with these sorts of issues.