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Carphone w and sonyericsson contract problems.


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ive turned to this site as i dont know what to do.


i had a contract mobile phone the SE Vivaz on the 26th of march

and purchased insurance as well from the carphone warehouse.


ive had problems day one with the phone

but i just grin and beared it

but today i decided to go back to cpw and tell them the problem,


they looked at the phone and decided to replace it as it is a firmware issue,

i told them that i bet it will go exactly the same again,.


i then went home and it went again,

phone freezing only way to turn it off is by removing the battery.


when i got home i telephoned sony ericsson and told them of the problem.


they advised me not to use the application that is causing it to freeze,

that made me laugh really as the app is youtube

and its stamped on the box youtube ready,


they also advised me that the software problem will be cpw branding

i explained the phone was unbranded but the guy didnt seem to listen,

he also advised me that it will be 4-6 weeks before any software is even considered.


i then said to the man this is a joke,

its like buying a car with air con and being told you cant use it and wind the windows down.


i then decided to go back to cpw who saw it again

and advised me to go to another cpw shop which deals with repairs,

it was only a 10 min walk so took it up,


they looked at it and said nothing they could do and swapped the phone again for another vivaz.

and guess what same fault!!


i then told them im seriously not happy and i want a different phone now

as this is past a joke a phone that on the box advertises the fact its youtube ready and the thing dont work.


they said the only way something could be done or considered is by returning to the shop

i had the phone from and speaking with the manager.


i went back but the managers not in till tomorrow,

so im coming here for information to see if anyone can help and advise before i see him tomorrow,


i have also contacted orange and they advised its down to cpw

and its my right to terminate within 28days

but cpw advised me i wouldnt be able to terminate so please help!


another branch of cpw said they will just keep swapping it like for like,

till my 28days is up then my insurance will have to deal with it,

so in theory they are trying to fob me off so as much info as poss would be greatly received


im stuck with this now for 2 years





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Hi Steve


Is the Vivaz an upgrade or a new contract? If its a new contract carphone warehouse should be able to return it fully as long as its within 14 days of you purchasing it.


The store shouldnt be telling you that they wont return it as its their policy to return it as long as it was brought to them within 14 days, if they do try and tell you they will keep swapping it for the same model of phone just be firm and tell them that according to their policy you can return it fully.


I can only think Sony Ericsson Vivazs that are branded Orange for example may have the right software to run youtube whilst the unbranded ones may not have it. Not sure how they could get around the whole advertising it on the box but I guess they are just hoping people will be patient for a software update.

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nope i got it 26th march so im like 19 days now :( so what options do i have,


surely the not fit for purpose and false advertising should apply? as i said its on the box youtube ready, well ones ive had aint! lol


nah its a new contract

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If your within 28 days you should be able to exchange it for a handset that is available on the same tariff that you are on. You could certainly argue the point that its false advertising but not sure how far that would get you with Carphone Warehouse as I doubt that sony ericsson have a different box which doesnt have the you tube ready bit on it, and they can only stock what they are sent. But you would think that it would give you some leverage in regards to getting a different phone if you were going to exchange it.


Good luck with getting it sorted, I know how difficult the stores can make it at times.

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well with the vivaz its advertised record video and directly upload to youtube,


i went back and have spoken to trading standards,

they told me to contact them back, so ill post the email i shall send trading standards

when i speak to them again tomorrow ill post the whole lot detailing from the start.


Consumer direct ref: SC.........



On 26th March 2010 I had a phone from the Car phone Warehouse a Sony Ericsson Vivaz;

I was impressed by the camera being high def and also the YouTube capabilities.


I choose the phone,

the woman in the shop said it’s a great phone had none back and no problems with it.


I thought ok that’s nice for me and I signed up to a 2 year £30 a month deal.


The next couple of days I was quite happy until I tried YouTube.

YouTube crashed my phone so I thought I must have had a lot of things open and left it,

a few days later I tried again and the same thing happened

so obviously I was a little disappointed and scoured the internet looking for answers.


When I couldn’t find any I decided to contact Sony Ericsson, this was then Friday the 16th April.

I couldn’t do any contacting earlier due to work commitments.


When I contacted Sony I explained the problem and asked what to do,

I was advised this was a software issue and its all Carphone Warehouse’s fault

as they brand the phones with their software,


I advised them that there is no branding on the phone and its exactly how it left themselves the manufacturer,

I was then told by Sony ericsson that there are no planned software updates for at least 4 to 6 weeks

and that if YouTube is causing the problem do not use it.


I then told the adviser that one of the main reasons why I had the phone was for the YouTube capabilities

and telling me not to use it is like buying a car with air conditioning then being told you can’t use it and wind the windows down.


The man wasn’t very helpful and continued to push the blame onto carphone warehouse.


I then walked down to the carphone warehouse store I purchased the phone from

and showed them the problem,


they replaced the phone for another like for like, and I told them that the same fault would repeat.

I then left the shop and within a few minutes was back at the desk with the same problem,

they then told me to walk to a repairs shop 10 minutes away to see what they could do to downgrade

or update the software,


when I got into the shop I was advised that the engineer was on his lunch

and that there’s no update or downgrade they could do to help.


They replaced the phone again and while I waited in store I repeated the fault again on my 3rd phone.

They advised me to go back to the other store to speak to the manager

and see about a possible handset exchange for another phone.


When I arrived back at the original store they advised me to come back tomorrow as the manager was not in.


Later that day I was driving around with my dad and spotted a carphone warehouse in oldbury,

I went in and asked to speak to the manager hoping he could help me.

Instead I got a deputy manager who said all they could do is switch it like for like

and would do till my 28days is up then it’s a matter of sorting things with my insurance

which I purchased along with the phone, and to revisit the original store and see if the manager can help.


On 17th April I decided to contact trading standards and explained what had been going on,

that I was on my 3rd handset which was faulty and was getting no help what so ever,

the lady advised me that to go back into store and quote not of satisfactory quality

and not as described (as the phone has YouTube ready on the box and is a big feature for the phone)


she also advised I could reject the goods and cancel the contract if not offered anything else

and if carphone warehouse would not accept this to get back in touch.


I also contacted the service provider orange who provide my sim and minutes and dish out commission to carphone warehouse,

I spoke to a woman who I relayed the problem to,

she was very understanding and tried to help the best she could,

but as carphone had my contract her hands were tied,

but she did request if needed to call her while I was in store and she would speak to the manager of CPW.


I then walked back to CPW and spoke to the manager and relayed the problem to him,

he then contacted business who said no don’t give him a different handset,

lend him a phone and book the phone in to repairs.


I told him I’m not doing that and I wish to cancel my contract, he said I can’t.


I contacted orange again , she requested to speak to the manager

but he refused saying he does not have to talk to them and he is not going to,


so rep then decided to get her line manager involved.


came on the phone and demanded to speak to him, he gave in and spoke to her,

I didn’t hear the details of the conversation as he walked around the store.


He then passed the phone back who spoke to me asking me about the faults,

and she would be getting in touch with both the carphone warehouse

and Sony Ericsson business team to try and help me and would get back in touch 19th April

she also said I could not argue, not of satisfactory quality

and not as described and to be careful going this route as a phone is a phone and all these things on it are extra’s.


The store manager of CPW then started complaining saying he is going to make a complaint against the re

due to the way she spoke to him and she had no rights to.


He is following orders from his business team and couldn’t do anything.

A few minutes later he did try on the system to see what phones would match my plan

but none did so I was told they couldn’t help me at all so I left the store.


I feel that I’ve entered a contract and have been supplied faulty goods,

and I wish to be exempt from the contract now but I’m struggling what to do,

no one’s taking responsibility and no one’s helping,


I even contacted CPW complaints while in store and the lady was very snotty

and kept saying whatever so I shouted is that how you speak to your customers

and put the phone down,


I really need your help; I will honour my contract just with a different handset

as I really need a second phone. But it doesn’t look like I will win.



above is going to be my mail to TS

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ive been advised to write a letter to CPW highlighting the problems and giving them 14 days to respond.. anyone got a letter template at all to help please

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Your service contract for (network) service is for your SIM, and since there is no problem with this (as the SIM will work in other handsets without difficulty) a handset firmware problem therefore is a separate consideration, and not grounds for termination. You are outwith the period to reject network service, so unless CW will agree to permit a cancellation and sort this with the network (and this is something they do very rarely), your only hope is to prove that the firmware issues render the handset not fir for purpose and use this as leverage to switch to a different model where the problems are less.

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Hi flexeh,


As buzby points outs this's going to be largely down to CPW's decretion whether or not they'll offer to exchange your phone for an alternative model.


In addition to emailing Trading Standards I'd recommend writing to CPW at the address you can see here on their website and ask if they're to accommodate your request of a different phone.


While I don't have a letter template for you the only guidance I'd give here is to keep things to the point and clearly state what you'd like them to do in order to resolve this for you.


All the best and be sure to keep the thread update with any news.




Web Relations Team


Vodafone UK

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right what ive done is, to help my cause more.


i went back into CPW and spoke to stuart, and tried a different tact i had a message this morning as i posted the same thing on moneysaving expert.


here was the message


I've read about your problem and as I work for cpw in your area (I believe you originally took the contract out in Merry Hill?) I'll try to find out a little more about it. As far as I know, the Vivaz hasn't had many problems but this is definitely concerning to me as this is a phone I do recommend.


As far as the contract is concerned, unfortunately on contracts bought through carphone on Orange do not offer a 14 day exchange. Anything that will be done by carphone will be a goodwill gesture only. If the store has checked the tariff and variation of your contract and there is no alternative, I'm afraid that the store won't be able to do much.


There are two things you can try. Seeing if the store will email our RGM to see if he will get a resolution. When a similar issue arose recently, he had to take it to a much higher level. Our RGM is excellent and so is Stuart (if I'm thinking about the correct manager haha) .


Or you can write into Carphones head office explaining that the store cannot exchange the phone other than like for like which has not resolved the issue an you would very much like this sorting out. Make sure the store notates your account with what they've tried to do so no one from head office refers you back there because trust me, they will try.


Legally, your service agreement is a separate agreement to the phone so you won't get out f this contract because the phone crashes due to a common fault. I can see two resolutions coming out of this, either you will have to wait for a software upgrade to come out or someone at Head Office level will have to raise a voucher for a new phone. Store managers cannot raise any more than £25 so it will have to come from higher up.


I am really sorry you are having an issue with Carphone, especially in my area but I will definitely be advising my colleagues about the Vivaz's problems until a new software version is released. I may even send out an email to the area asking if there are aware of the issues with the Vivaz.


If you have anymore questions, feel free to ask.




so i spoke to stuart about the 25pound thing and then asked if he thought his RGM would apply any credit as well and then i would trade in the vivaz so lets say the store manager raised 25, and then the phone raised 200 and if RGM said ok to 150 or something, the store manager said the RGM more than likely wouldnt do that.


but after discussion i asked the SM if he thought its better for me to book the phone in and send it to repairs, he advised yes and said if they cant sort it they should then offer you another handset, so im going to try this approach first before formal letters go in, i have been assured that even tho my 28days will be up more than likely before i get the phone back it would be fine as i went with a problem before that. so fingers crossed it either comes back fixed or they offer me another handset.


so rather than going in all guns blazing i thought this approach may be alot better!


oh n while ive been peeved about this ive gave virgin a stern word n got rid of their tv package n got a better deal on my phone n BB for 26.94 a month unlimited calls all day with the BB. and also told him if he wants to keep me im not paying 5 quid no direct debit and he said no worries is £1.50 better :D

Edited by flexeh
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  • 3 years later...

yes SOGA covers you even to this day.



please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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SOGA is against the retailer


I would suspect

as you reported this very soon after purchase


that the unfit for purpose rule is the way to go.


the advert said 'youtube ready'


it never worked.



please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites



SOGA is against the retailer


I would suspect

as you reported this very soon after purchase


that the unfit for purpose rule is the way to go.


the advert said 'youtube ready'


it never worked.




Cheers mate if I knock up a draft lette on what I'm gonna say would you mind giving it the yay or nay?


I called orange today and they haw notes sill about the issue and the chat they tried with cpw. Also went into cpw to check if they have my file and they do so a all the prices are there.


The issue is I sold the phone to CeX due to the issues. Could they argue I gained from the phone? Even tho I ended up a few hundred out of pocket as such. Cuz the sale meant i got cash for a new phone which was inferior than the vivaz but worked.


Is it worth speaking with CeX to find out what date I traded it in?





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I think they'd want the phone


if you aint got it


dead me thinks



please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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