In a pickle !!

[alexander]

Back in November my mobile phone suffered water damage, i have an insurance policy which covers me however when a replacement phone was sent it was broken, i sent it back weeks ago and heard nothing.

 

I chased the insurance company this morning who told me as the phone had a fault and was not damaged it was returned to the manufature under warranty and another phone would be sent out in a few weeks.

 

In the meantime i am paying line rental with T Mobile and have paid £25.00 excess from when i sent the original phone back.

 

I don't see why i should have to suffer just because they sent me a faulty phone.

 

Anybody offer any advice please?

[gyzmo]

I would poin o the terms in the contract and demand that they fulfill them. The fact that the phone was faulty is not you problem - its theirs. If they cause trouble, state that you will pursue damages in the court for breach of warranty - but back it up.

[lawbunny]

So the insurance company sent you a faulty phone? That's ridiculous!

 

I would check your terms and conditions. Normally, if a phone is faulty within the first month a network would just replace it straight away, I don't see why the insurance company should be any different.

[alexander]

Thats right, it's daft ! My network provider say it is the responsibility of the insurance company rather than themselves.

[lawbunny]

Hey,

 

Unfortunately it is the responsibility of the insurance company rather than the network provider, as it is the insurance company who have provided you with the phone (T-Mobile do not provide their own insurance, they simply direct you to a third party company). But it is appalling that the insurance company will not simply replace the handset; I would raise a formal complaint re this, pointing out that you are still having to pay line rental for a phone contract which you cannot use due to them providing you with a faulty phone.

[gyzmo]

Who is the insurer?

[lawbunny]

If the phone was purchased from T-Mobile direct, presumably the insurer is Fonesafe (CPP)?

 

But I should point out, I believe it is different if you pruchased through carphone warehouse or fone4u etc, I believe they do provide their own insurance.

[alexander]

yup it's fonesafe

[gyzmo]

I take it that fonesafe are owned by Tmobile? It seems it to me. Reading the policy summary, it says that if there is a problem with them phone, you can either call callsafe or go to a T mobile store.

 

This suggests to me taht T Mobile act as agnets for fonesafe. I would go instore and speak to a manager. Alternatively, register a formal complaint and if no satisfaction contact the FOS.

[alexander]

It's funny T mobile say fonesafe act as a seperate independant company to them and that there is nothing they can do. Fonesafe say they are a partnership to Tmobile, they have told me their is nothing they can do as they only sort out claims and don't stock the phones, they have referred me to a company called intec who are the manufactures who sent me the broken phone in the first place.

 

It's bloody ridiculous ! I will be without a phone for up to a month whilst they fix the broken phone they sent me in the first place !!

[gyzmo]

put in an official complaint telling them that if it is no resolved to your satisfaction you WILL go to the FOS. This will cost them a couple of hundred quid just for the FOS being notified (they have to pay that - it costs you nothing) and may make them think twice. Usually insurers work out whether or not it is cheaper to resolve a complaint or let it go to the FOS - sad really as complaints should not be dealt with this way.

Also report this to Consumer Direct, at least for intelligence purposes.

[alexander]

i will phone them while the boss is out and make them aware of my intentions

[alexander]

they just tell me the ombudsman will allow them 28 days to reslove complaint.

[gyzmo]

It will, but that is a maximum. They are key stages that the insurer has to follow as well. Also, even with your loss, the ombudsman can rule tha the insurer should reimburse losses - the decision is binding on the insurer but not you, so you can still go to court. It wont solve the problem immediately but it is a long term solution.

[lawbunny]

Fonesafe are a completely separate company... T-Mobile direct you to them if you want insurance, but you are free to get it elsewhere if you want. A T-Mobile store will not be able to assist you, other than to take care of blocking imeis etc if phone is lost, and letting you call Fonesafe. You will have to speak to Fonesafe, but I would certainly put in a formal complaint as advised by Gyzmo, their behaviour is appalling!.

[gyzmo]

The reason why I mention T Mobile as Agents is that the fonesafe website specifically mentions that one can go into a T Mobile store. If T Mobile are doing things on behalf of fonesafe then in my mind that creates an agency.

 

This seems like similar circumstances to Aldi, which is several companies for each operation. If one does something wrong, the rest is immune from prosecution - which incidentally is an a**e for enforcement purposes!