Phones 4 U - Cancelling a contract due to faulty phone

[acky]

Hi

I recently (24th Feb 10) signed up to a new contract with Vodafone through Phones 4 U. I took a 24 month contract at £40 a month for the HTC HD2. Since day one of getting the phone it has driven me crazy with little bugs which are causing it to crash or run slow. After a little research I found out the bug is quite widespread and is affecting a number of handset.

 

Yesterday I returned to the shop it was purchased from and asked to cancel the contract as the phone wasnt fit for purpose. The phone actually crashed as the staff were taking a look at it. The staff in the shop said there was no returns policy and they wouldn't accept me returning it, they did offer a replacement but I declined this and asked to speak to someone in there main offices.

 

This happened to be a Team Leader. They explained as the fault was with the phone and not the service they would replace the phone but the contract would stay in place. She tried to explain that when buying a phone/contract through Phones 4 U its two seperate entities and the phone was a free gift for taking out the contract.

 

Later that day I spoke to a very helpfully lady at consumer direct who informed me about the Supply of Goods and Services Act 1982 Section 4. She said that any product supplied as part of a contract or service should be fit for purpose and free from any defects no matter how minor. If this is not the case then I am within my rights to cancel (she used a better word that cancel) the contract. She said the fact the phone was free is irrelevant as it was sold as one package.

 

With this new information I headed back to the shop. This time I asked to speak direct to the head office. I again explained the situation and advised I had spoken to consumer direct who had informed me of the supply of goods act etc. No matter what I said to the women on the end of the phone her only reply was 'we do not have a returns policy'. She refused to let me speak to her team leader and was very very reluctant to pass me any address details. I did eventually get them and her name.

 

I'm after a little advice on what my next actions would be. I do want to cancel the contract as the phone just doesn't work and I know I'll face the same issues with any replacement. Do the great people of this forum think I am in the right or am I fighting a loosing battle. When I write a letter to their head office should I simply state I wish to cancel the contract on the grounds the phone isnt fit for purpose or should I also mention the Supply of Goods and Services act and that I have seeked advice for consumer direct.

 

I have stopped using the phone as of yesterday as well.

 

Thanks in advance and apologies if this is in the wrong section, Jared

[loopinlouie]

To be honest this sort of issue raised is quite common.

 

They have offered a new phone and you have no right to cancel the agreement with them offering that. I think you would be cutting your nose off to spite your face, they will come after you for the contract money. Try the new phone and see how you go otherwise they could argue you just changed your mind as were offered an alternative.

 

I had dodgy iphone and contract and even though company not willing to accept what is now a know fault some 18months later, I still am held liable for the contract. The argument is the phone is free and the contract is for the line rental. As the line is okay even though the phone is dead or faulty they can get away with it. They did with me. I just walked away and still ignore the bills. My phone wasnt even offered repair or replace. Just waiting for my day in court to argue they wernt recodnising any mention of fault and therefore let me down. But we will see. My case I feel is their error, but with advice I have had even in that case the feeling is not positive.

 

Try not to cause yourself more hastle than necessary, if the new phone fails, go back again,

Edited March 3, 2010 by loopinlouie

[acky]

Hi loopinlouie. I agree it does seem im cutting of my nose to spite my face but the way I have been spoken to by several of their staff has just made me want to cancel the contract even more. If I am within my rights to do so then I would rather cancel the contract now. I thought it was at the discretion of the consumer whether they accepted a replacement or decided to cancel.

 

 

In regards to your iPhone do you have an apple store near by? I also have an iPhone (3G). I had problems with it crashing all the time. I took it to the apple shop to see an apple genius and although the fault never showed on there diagnostic checks after a few visits of me trying different things to fix it they just replaced the phone there and then.

[loopinlouie]

Hi loopinlouie. I agree it does seem im cutting of my nose to spite my face but the way I have been spoken to by several of their staff has just made me want to cancel the contract even more. If I am within my rights to do so then I would rather cancel the contract now. I thought it was at the discretion of the consumer whether they accepted a replacement or decided to cancel.

 

No apparantly its not our right to opt to cancel, sorry xx You would think if it was they would want to resolve issues a lot quicker:-)

 

 

In regards to your iPhone do you have an apple store near by? I also have an iPhone (3G). I had problems with it crashing all the time. I took it to the apple shop to see an apple genius and although the fault never showed on there diagnostic checks after a few visits of me trying different things to fix it they just replaced the phone there and then.

 

Thanks might do that as using it on basic payg at the moment. Fault still there but as you say they might help.

[loopinlouie]

Dont know how I did it but part of my answer, with the smilie has appeared in your quote, oops

 

Good luck anyhow.

[acky]

Yeah the apple guys are really helpful. You have to book an appointment through the apple website. Look out for a link titled Genius Bar or something.

[buzby]

Don't fry you credit file without realising the consequences first. The phone has nothing to do with your contract and never has. It remains a 'consideration' for your future commitment. SOGA applies, but not change of mind, unless you are within 10-14 days.

[acky]

Unless bought from the online shop it appears that all companys have revoked the 14 day money back promise.

But thats not what im questioning Im questioning the device being fit for purpose and as its not and the contract can therfore not be used as advertised and it can be cancel it? Atleast according to consumer direct, but thats why I thought Id come to you guys for your views. What is SOGA sorry Ive not seen at accronym before.

[buzby]

Nope. Fit for purpose is where the SIM cannot be used. The contract covers the SIM and the service it unlocks, nothing else. So - if the SIM works in another phone, then there is nothing wrong with the service as contracted.

[acky]

Not that Im disagreeing you with Im just trying to clarify it compared to what the consumer line said. They state that the phone is part of the contract as at the point of sale it part of the package.

 

What your saying is similar to what Phones 4 U said but consumer direct insist its the whole package. If the phone doesnt work how can I access the services the contract entitles me to.

[buzby]

Consumer Line try to be experts on everything. And fail miserably.

 

You are bound by the terms of your contract which is enforceable in law. Your ability to return is severely restricted, but whilst the buyer only sees the handset, the network only sees the SIM. YOu have more rights taking out PAYG, than the contract obligations of pay monthly.

 

If you lost the phone - you could not use the service of the contract. Is that the networks fault? If you tell them, they'll send you another SIM for a fee to reconnect to the network, or sell you another phone if you like. But this is no 'grey area' it is the contract that takes precedence.