3 "it certainly aint"

[gordylar]

Hi all,
My problem: I had an early upgrade on my contract and at the same time upgraded my tariff from 500 - 750 mins. Had loads of trouble trying to get early free upgrade, and after threatening to change providers (it was not that simple) they relented.
I had the phone for 2 weeks then it just stopped working, I Contacted 3 and asked for a replacement, they told me they would repair it, I didn't want the repair as it was only 2 weeks old and said it should be replaced. In the end agreed to the repair and they collected it 2 days later was told it was beyond economical repair and it would cost me £45 for a replacement. Then found out that it was not the same model but a lesser one and not even the same make. I told them this was not acceptable, 1: for the cost and 2: it was not the same make or model. I was then told it was all they could do as it was water damaged.
Well bloody hell you could have knocked me over. I told them they must be pulling my p****r, and that there was no way it had water damage. They insisted it did and that it could be moisture, well we do live in a wetish climate and if this is the reason then the phone design is at fault not me. Anyway after lots of discussion they said tough, so I threatened to cancel my new contract that starts in may, was told I can't as i'm contracted, I told them that it wasn't worth the paper it was written on as I did it over the phone.
Really annoyed as I feel I have been wrongly treated. I use my phone for work so it is quite important.

My questions are:
1, can I demand a new phone like for like ?
2, if not can I cancel my contract ?
3, if none of the above then any ideas.

p.s. they did say i could have the same phone if I handed over £200+
cheeky buggers.

[buzby]

1) Yes
2) No

Mobile phones don't like water - whether dropped in it, falling on it or condensation. No phone is waterproof, and insurance policies etc exclude this. Your contract is for mobile telephone service, not a phone and service, so if the phone craters, you still are tied to the contract, as switching the SIM card to another phone will restart the service.

It is very difficult to challenge a water damage claim - the only way to do this is have the phone returned to you and YOU get the problem assessed. If it supports your contention that it is NOT water damage, you can challenge them, but you need to meet these costs.

Even so, a replacement phone should be just that, same make and model - not a refurb, which it sounds as this is what you got. Complain, say the replacement is not suitible and you require the phone originally supplied. If they continue to say water damage, ask for it back and say you'll have it assessed at a repairer of your choosing.

As for the contract, you could ask for a compensatory credit for the period you've been without service, but it is NOT grounds to stop paying for phone service, they'll wreck your credit rating if you stop paying.

[gordylar]

buzby,
thanks for that, at least I know where I stand now and can proceed from here.

[buzby]

It goes without saying, writing to the Glasgow contact centre with your concerns is always much better than phoning the Indian call centre!