Phones 4 U another nightmare

[stuartm]

Hi,
I was looking for a bit of advice as to my legal standin with phones for you regarding adequate compensation.

I have had a nightmare with the incompetency of phones 4 U. I bought an N91 on an 18 month O2 contract and as of 5th Oct it developed problems.

That original phone was sent away 3 times then replaced
The 2nd phone they sent me could not make a call because it had an call bar on it as it was an import from abroad and it was sent away twice and replaced
the Third Phone arrived with the lock switch snapped of it, the sliding front mechanism broke and outdated software(which I was told would be up to date)
My 4th phone is on it's way out.

I have filed a written complaint with their written complaints dept as this seems to be the only way that compensation is handled.
I have outlinned in the course of these events- I have been lied to by store staff blatently to my face, lied to bycustomer service agents refusing to put me through to supervisors, have experienced complete in competency with the Mobile phone repair company (the third party company they use for repairs), been 3 months wthout a working phone and have spent countless hours (more than 2 full days- including time off work to deal with this).

I have asked for as a min my 3 months line rental and compensation for my time@£9 per hour in accordance with correspondance on the bank forums I have seen. They have only offered line rental charges.

What would be my legal standing in taking them to the small claims court for recovery of costs and inconvenience.

[buzby]

Slim. For the claim to succeed with any certainty you would have to agreed these costs in advance of them being charged by you, to allow you to claims later. As they were not advised of what you intended charging, they could then reject it, and contemplate defending your action on the basis your claims were unreasonable (in much the same way we are successful in doing trhe same to the banks). However, you have the Sale of Goods Act behind you - and the Nokia N91 is famous for its early problems. Also you appear to have been palmed off with replacements that were refurbished handsets NOT a new phone, so you've been treated dreadfully.

You also need to involve O2 (as your contract is with them for mobile service), copy O2 into you letters, rejecting 4u's attempts at resolving your issue, telling 4u than unless your next phone is shown to be fresh (not refurbished) stock, you will reject the 4th phone and require the contract to be cancelled at their cost. However, if the replacement phone does what it is supposed to do, you will accept this, but expect a store credit (or bill credit) of £50 as a token gesture to your costs in returning the earlier phones, and in the general inconvenience. Acceptance of this nerw phone by you will be taken as 4u's agreement that this amount will be paid, in full and final settlement of this claim.

So if they make you accept the phone, you automatically have guaranteed that they'll be liable for your earlier costs. Of course, they may not agree, in which case if they don;t give you the replacement phone, they have to arrange cancellation of the contract.

[stuartm]

hi- thanks alot