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faulty 02 contract phone

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I took out a contract with o2 for myself 36 days ago, after having another contract that my partner uses with no problems for the last couple of years.

I got a sony ericsson which i found didnt get as great a signal as i was used to, but having just moved to a ground floor flat a few days before i thought it was just that signal wasnt so great in here.

the signal began to get worse and worse until its reached the stage over the last few days i cant get a signal at all in my home, except for maybe one of two spots in the house where it flicks between emergency calls only and one bar of signal. i had a look at my partners phone and realised when i was getting no signal at all his was full.

 

so i decided to take my phone back to the shop today. on the way there even on the bus i got no signal. i told all this to the man behind the counter who simply said well, you are getting full signal now. i told him that yesterday alone i missed 8 calls because of the issue, so it was beside the point if i was getting signal in the store. he told me that i was outwith my 28 days for returning with a fault so all he could do was send it away and if i wanted a loan phone i would have to pay £25 deposit. i didnt have much choice in the matter, so i had to agree. i asked him if there was an issue if any charges would be incurred and he said if they found it had been dropped or had water damage i would be liable. neither has occurred but i am not beginning to wonder if they might try to pin that on me anyway.

i also asked about the terms of my contract in terms of mms as i felt i had been mis sold. i was under the impression i got full free messaging and 100 free mins. he said i should get about 250 free mms messages a month, but when i told him i had sent 4 multimedia messages last month and was charged for them he back tracked and said 'oh maybe its because you dont get free internet so to send the message it connects to the net and you get charged'. i dont really care about the ins and outs of it, the point is i was led to believe i was getting all that free. he argued back and forth with me, and i said i would take it up with head office then.

 

looking at my contract now online, it says that if my phone comes back with the same fault and i return it again within 30 days then i am entitled to 'a replacement with a like for like reconditioned phone'. it is my understanding that this means a phone that has been used and perhaps returned or something to that effect.

 

im really peeved. i have been a customer with o2 for years, i have already had a contract with them for over 2 years. i feel i have been mis sold the contract and i feel like because the full extent of the fault didnt become apparent until after the first 28 days (its been a week since then) then i have no rights. i had to pay £25 deposit for an ancient nokia flip phone and might face further charges for a phone which is faulty through no fault of my own.

 

dont have insurance as i thought i was covered with benefits of bank account, but apparently not. going to have to look into my home insurance, but dont see why i should have to :mad:

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Guest wino

I have been with 02 since they took over from BT Cellnet must be 10 years or more but I was mis-sold my last phone and all 02 would do is give me 1 month free as a gesture of goodwill. Once my contract is up I am leaving them. We have already ceased contracts with 12 work phones. The phone bills on the work phones were between £200 - £400 per month EACH. I told 02 we were going to do this and they were not bothered.

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If your phone has a fault, they have to fix it unless the cause of the fault was induced by the owner. Phones are sold to wotk with different specifications, but providing they work within an 'acceptable' range, this is permissable.

 

The O2 staffer sating there was good signal in the shop is bogus. If you had a pico cell in YOUR house, you would have great coverage too - so is no recommendation that the phone is senstive enough.

 

Hopefully, the diagnostic check will reveal the source of the problem.

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a gesture of goodwill - that statement is REALLY annoying when its been their mistake! i am really annoyed with this, i will be leaving them too if i dont get this straightened out. unfortunately for me, i face 24 months with them until im able to do that.

 

buzby, i tried to argue that but was told it was out with the 28 day warranty. i think thats pathetic, but because i signed a contract i suppose im bound by it. i also thought the staff member was a bit of a pr!ck for pretty much insinuating that i was talking mince.

 

i will go to head office, but will it make any difference i wonder, seems like they couldnt give two hoots.

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The warranty is not 28 days - don;t you mean their 'shop policy' for exchange is 28 days. As they still have to arrange a repair up to the end of the guarantee period regardless.

 

Do rmeember, you phone is NOT covered by any contract, just the SIM, which is the device that allows you network access. You can put this SIM into another phone and carry on as before.

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yeah, i guess i do mean their store policy. i just wish my phone had started getting bad before the 28 days was up as i grudge having to pay for repairs on a phone that i just got last month. the reason i went for contract was because i couldnt afford to buy a new handset that was half decent and my last phone conked out on me. regretting it now though lol

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Hang on... PAY? Nossir! The guarantee/warranty means the dealer/manufacturer pay for any servicing or repair. ONLY when it is identified that there is user abuse can you be called on to pay.

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hopefully they wont try to play that card. i know my phone hasnt been dropped or water damaged...i only just got it and i always keep it in a safe place as i have a little one running around...but im beginning to lose faith in o2 and wonder if they might say i have damaged it when i really havent.

 

i guess i shouldnt get ahead of myself...i will see what they say. can take up to 14 days but hopefully they will get their arse in gear given the time of year. well, thats what the idiot behind the desk said anyway, but i wont hold my breath!

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Hi again

 

I got my phone back from repairs on 29th December. I asked the salesman what the problem was and he said it was software issues which had been resolved. I left, pleased to have my phone back but was disappointed to find the phone had exactly the same fault when I returned home. I spent a long while on the phone to o2 customer services trying various things, then was reminded that if a phone is returned to an o2 store within 30 days of a repair with the same fault that they will replace it with a like for like reconditioned phone.

 

so this is what i did. i took it to my nearest store and i was told that i had been misinformed and it has to go away 3 times for repair before they will replace. i left feeling very irritated and i got back in touch with o2 today. i told them that i had been turned away and i was assured that they are obliged to do this and if there is any problems they should phone customer services to be put straight.

 

so i get my boots on and venture out into the snow, up to the same o2 store. again, they told me they could not replace it. i told them i would not leave the store until they phoned customer services. they gave me a phone and i phoned them myself. eventually i got through, explained the whole situation over again to the person who went to speak to a manager. she came back and confirmed that no, i would not get a replacement from the store i had to send it off for repairs again!!! when i asked why two of her colleagues had told me otherwise she had the audacity to say to me that there was actually nothing in the notes to indicate that i had been advised to do this - essentially saying i was lying.

 

i am furious. i am paying for a service im not receiving. im not getting signal in any building and it breaks up outdoors. before i ended the conversation with the latest person from customer services they told me IF they replace my phone it will be with a reconditioned phone. i cant understand why i should be given a second hand phone because the first one i was given was faulty. how is that my fault?

 

i have reached the stage now that i was to end the contract. is that even possible? i have another one up for renewal this month and i will definitely be going elsewhere!!!!

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The 'repair 3 times' is a worse-case scenario, but if coverage is the issue have you TRIED another handset on the same network? Does it perform any better? Even phones of the same model have different sensitivities and if you are in borderline area, some phones will work without a thought, whilst others will say there is no service.

 

The replacement phone to all intents and purposes IS 'new', it isn;t someone;s 'old' phone in the sense you make out - but a complete factory refurb, with new casing, shells and battery. The best bit, is that it is individually checked that it meeds the specifications required, NEE phones actually DON'T (only a few samples are taken), so I'd probably be happier having a refurb than a boxes replacement.

 

Unfortunately, you have no grounds to end your contract, as the handset has nothing to so with what you agreed to - the network service agreement covers the SIM card only.

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yeah i have tried all things. i have another contract phone with O2 that my fiance uses, he gets full signal. We have tried his sim in my phone and it didnt get signal either. while my phone was away for repairs, i got a loan phone which i had no problems getting a signal with. i have a lot of friends on O2 (one with the same phone) and a lot of them were in my flat over the festive period and they also got signal. its just me thats not getting any. i have found that if i sit my phone on a particular part of my computer desk i might get my texts through...but other than that its emergency calls only! and its in any building or vehicle.

 

in regards to the contract - surely if it has been missold in any way then there are grounds to end it? When i approached the assistant about my MMS messages he said that i should get about 250 free a month (if my memory serves me correctly) on the tariff i have. when i asked him why i was then billed for the 4 i sent the previous month he back tracked and tripped over himself trying to cover up what he had just said. when the person i was with pressed him about the phone being missold he became quite defensive and we decided in the end that we would approach head office instead. still awaiting a response on that issue though.

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Clearly the issue IS with the sensitivity of the handset, and it is this that needs addressed. As you note, the SIM is fine, so O" are providing the service you are paying for.

 

You have not been 'missold' anything - so don't be sidetracked by this. You have a phone that does not do what you expect it do (and when measured against similar handsets). Any repair centre (IF they are doing they're job) will provide a diagnostic printout of all the parameters on the phone, this includes all the settings, Transmitter and Receiver specifications and test voltages. The bulk of it will be impenetrable, but the important thing to look out for is the TX/RX tolerances, you can see easily if the phone is 'deaf', and so will they.

 

Ask to see the diagnostic report, and refuse to accept a returned 'repair' without this.

 

As mentioned before, your contract has NOTHING to do with your phone,, only the SIM is covered. Misselling is a serious complaint, as you are accusing staff of misleading you, so of course they will become 'defensive', and co-operation will end. If you are reasonable, then they usually do what they can to assist.

 

Your issues of texts, costs is a TARIFF issue, and you need to identify whether the tariff you were 'sold' is actually the one you were connected to. If it isn't, then you need to get this fixed, howeber in my experience, I have found since staff reel off a variety of options, folk are likely to only remember the best bits of the tariffs that they remember, then wonder why they don't get this or the other.

 

You can only have the tariff benefits the network offers, if you think you have been told something different, ask someone who was with you to concur with your understanding. If they cannot, or you were on your own - it is difficult to prove you were missold, often it is a case of mis-buying!

 

The issue of the repair is paramount, when you get it back, get the service report and look at it carefully, if the phone is below spec, this will show it up better than a future dropped call.

 

As for getting out of a contract, sorry - no - not a chance.

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