Carphone Warehouse problem

[redstar1]

A freind of mine signed up for an orange contract with a Nokia 6500 about a month ago. A week into this she had to take the phone back as it would not switch on. It was replaced with a new one. She then noticed that the new one was behaving strangely and intermittently. It would stop receiving cals and texts for hours at a time with no obvious signs of network failure. She took this back to the store and they replaced it again. This replacement phone is displaying the same behaviour.

 

What should she expect CPW to do about this? Can they keep replacing the same model over and over again if they are all experiencing this fault? Could she reasonably ask for a different handset?

[MrShed]

Not entirely sure if this is written in law, but when I used to work for customer services I was aware that there was a definite element of "lost confidence" having had more than one item display the same or similar fault. Should the store not help, I would be inclined to call customer services direct - I wouldnt have thought they would have an issue with changing the handset for a different make/model.

[Mrs_Ryan]

Word of warning here - I had a Nokia with Orange a few years back which I also had major problems with - it would keep cutting off in the middle of calls, switching itself off and on, not recieving calls/texts etc, I went thorugh Orange directly and I happen to know (I used to work for them) after replacing the phone three times they are supposed to give you a different model replacement - an equivalent phone of another make and model.

 

My phone was replaced SEVEN TIMES one after the other and they refused to give me a different model replacement, so I refused to pay the bill, I couldnt use the phone so therefore I didnt see why I should pay for it... they never chased me for it either However, I DO NOT ADVOCATE doing this!!! Just tell your mate to stand her ground and demand either a brand new phone or different model replacement from Orange

[pin1onu]

A freind of mine signed up for an orange contract with a Nokia 6500 about a month ago. A week into this she had to take the phone back as it would not switch on. It was replaced with a new one. She then noticed that the new one was behaving strangely and intermittently. It would stop receiving cals and texts for hours at a time with no obvious signs of network failure. She took this back to the store and they replaced it again. This replacement phone is displaying the same behaviour.

 

What should she expect CPW to do about this? Can they keep replacing the same model over and over again if they are all experiencing this fault? Could she reasonably ask for a different handset?

Redstar,

 

The Sale of Goods Act definitely covers this situation.

 

Have a look at this link here: http://www.berr.gov.uk/consumers/fact-sheets/page38311.html

 

So to answer your query:

 

Normally you should give the retailer a chance to remedy the fault (repair or replace). Which your friend has done.

 

If the replacements are not satisfactory then you can reasonably ask for a refund. (Phone is not fit for purpose) They may offer a full or partial refund - given the length of time elapsed I would go for a full refund as your friend hasn't had any benefit from the goods.

 

 

Make sure your friend keeps notes that details all contacts with CPW. Names, dates, times etc.

 

It will almost certainly pay your friend to put things in writing explaining the problem and detailing what she expects them to do remedy the situation.

 

If they won't play ball your friend can seek damages against them. Your friend should write a letter first and then if they fail to act register a claim on the small claim track in the county court.