t-mobile,faulty w800i and me

[ender]

I'm new to this forum so i'll say a big hello to everyone before i proceed, about 9 months ago i entered into an 18 month contract with t-mobile through a t-mobile shop. On the 8/12/06 i returned my phone as it had developed many faults and they offered to sent the handset for repair which i accepted they assured me the repair would only take 5-10 working days. I finally recieved my phone on the 6/1/07 which was 29 days later after many phone calls to the shop and the call centre, the repair was disgusting it had the same faults as before and a few new ones, the battery cover, battery, sim card and handset were all loose, they had even tried to pry my handset apart and had slipped gouging the side of my handset, i returned the phone to the shop requesting an exchange they refused saying they would only repair the handset, if i wanted an exchange the fault would have had to show within 28 days, and because it was over 6 months old i would have to prove the fault was there at the time of purchase. i refused a repair as the previous repair took so long and was unsatisfactory but stated several times that i had rejected the phone. i was told they would not offer an exchange i am now thinking about terminating my contract but would like to do this without paying the fees as i think they may be in breech of contract. what can i do?

[buzby]

No - your phone is seperate from your contreact of service so if you walk away it'll cause you problemss. However, a phone is expected to last longer than 6 months, and whilst the w800i hasn't had the problems some Nokias have, you need to be aware of some of the tricks used.

Firstly, if handing a phone in for an agreed repair, you cna ask the retailer to provide you with a 'loaner' just to keep you in touch as your call rental will still be applied, and you may lose any inclusive minutes. A month without a handset is bad enough, but are you sure you actually got YOUR phone back and in that condition? (Check the IMEI number of the box you purchased the phone in, and see if this marries up to that on the label in the battery compartment. You may have simply been swapped with someone elses handset, which is dishonest in the extreme, unless you were told about it.

The buck still stops with the retailer, you can still reject the goods as being not fit for purpose and request a satisfactory replacement. IF thery tried to swap it without your knowledge, I'd insist on a NEW replacement or you'll raise an action for the FULL cost of purchasing a replacement handset.

[jackboy]

I had a very similar problem with T-Mobile. My phone came back from repair with a secondary fault, in November last year, that it didn't have when I sent it away. I emailed them through the website stating the act that requires them to take reasonable care of my phone whilst in their possession - it wasn't the Sales of Goods act, but can't remember which one it was. If you look on the Department of Trade and Industry website, you should be able to find it - it was the one that talks about level of service expected. The phone that went off for repair was actually the second one they had provided since my contract started in April last year.

Within 48 hours of my email, I had a phone call agreeing that they would change my phone for a brand new kit, without any arguements.

Karen