Nokia N95 8GB

[sgianthebard]

3 weeks ago I took out a contract with 3 for a Nokia N95 8GB. One of the main reasons I chose this phone was to transfer videos so i could watch them during my lunch hour. From day 1 the videos would convert and transfer properly, but there was a problem: after 35 mins and 50 seconds, the video would freeze and only the audio would continue.

 

At first I thought it may be a propblem with something I was doing, but after persevering for a few weeks, I now realise it's either a fault with my handset, or a problem with the model of phone.

 

My question is this: Do my statutory rights allow me to cancel the contract and return the phone, or must I send it to them and allow them to try to repair it? I am still within 28 days of purchase.

 

Thanks in advance.

[Isiris]

It seems as if you want to get out of the contract rather than having the phone repaired. I believe if they offered you a replacement/repair this would end their obligation.

[buzby]

There is a possibility that you're running on old Firmware, it might be a good idea to check and see whether you (or they) can flash the handset. There are a number of issues, the most being the earlier (non 8 Gb) handset. Unfortunately, none of this affects your contract for cellphone service which will continue regardless of whether you drop your phone down the loo, or spill a pint of beer over it. Show the problem to the store in the first instance, and see if their demo handset does the same.

[sgianthebard]

It seems as if you want to get out of the contract rather than having the phone repaired. I believe if they offered you a replacement/repair this would end their obligation.

 

I would have been perfectly happy with a replacement. However, the best they would offer is a repair. I am not prepared to accept this as they gave me a faulty handset to start with. I shouldn't have to accept a brand new handset with a fault and an offer to repair.

 

I think I'll cancel and see where this one goes.

 

Comments/advice welcome.

 

thanks.

[sgianthebard]

There is a possibility that you're running on old Firmware, it might be a good idea to check and see whether you (or they) can flash the handset. There are a number of issues, the most being the earlier (non 8 Gb) handset. Unfortunately, none of this affects your contract for cellphone service which will continue regardless of whether you drop your phone down the loo, or spill a pint of beer over it. Show the problem to the store in the first instance, and see if their demo handset does the same.

 

Firmware up to date, shop handset does not have this problem according to the salesperson. The offered a repair but not a replacement on a handset issued to me with a fault and right now less than 28 days into the contract.

 

Not sure that the contract will continue. It seems to me the phone company broke the contract when they supplied me with a handset not fit for purpose (Sale Of Goods act 1979 as amended) and refuses to replace it with one that is fit for purpose.

[tanachaiwisit]

Nokia N95 / N95 8GB Comparison video

mobile zone: Nokia N95 / N95 8GB Comparison

[sgianthebard]

nice video, tanachaiwisit. Thanks for that. However, it doesn't show the video playback or mention any problem that might exist.

 

As an update, I wrote to 3 explaining the situation and telling them to cancel my contract and to arrange collection of the faulty phone they sold me. They ignored my letter (of course) and have been sending the usual threatening letters. The phone has been boxed and unused since the day I wrote to them.

 

I intend to see this all the way through and I'll update as things happen.

[locutus]

good luck. I don't know what logic they've been using, but as you say Sale Of Goods act 1979 says "The quality of the goods sold must be satisfactory" and a phone that has video playback as a major feature does not play video correctly is far from that as long as you are sure that the fault is with the phone and not the video files!

[sgianthebard]

A year and a half later, 3 periodically send me half-hearted letters demanding £78 (I have no idea where they come up with that figure).

 

The phone is still sitting boxed and collecting dust behind my computer monitor and will remain there until the day they send me an envelope and an address where I can post it.

[buzby]

The issue is not the phone, or whether they collect it - but what they've done to your credit file. You need to be pro-active to ensure you've not been blighted with erroneous black marks.

[craig8661]

hmmm nokia n95 8gb we have two never again tho.

quality of the phone is poor one on of button broken keeps freezing.

then mine it looses signal and freezes latest updates on both.

[Raspberry Beret]

I love these phones Craig! Have been using 2 for the last 2 years for my business (very heavy use) and both are still going strong.

 

3 are notoriously poor when it comes to customer service. My husband was sent a faulty phone which was only evident when turned on because one of the buttons didn't work. He called them to reject the day it was received but 3 argued because he had turned on the phone he had lost his right to return it to them and cancel.

 

We ended up writing to head office who accepted the phone back but didn't admit they were wrong or apologise!

 

I agree with Buzby - check your credit file.

[sgianthebard]

My credit file is already a total nightmare. Another black mark on there from 3 won't make that much difference. When you're already in the toilet, ****ing on your head really doesn't alter things much :/