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Orange - Refusing to honour SOGA


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Bought a PAYG mobile from an Orange store on 26/09/2010.

 

Phone has been playing up since about 3 weeks ago and things have stopped working. Because of a heavy schedule I was unable to get to an Orange Shop until today.

 

Despite the fault the staff at the store were only willing to offer a replacement if I rang customer services. They claim that 28 days is a reasonable period for returns and after that they would only offer exchange for a faulty item. This is official policy that the store staff have no ability to overide. We were intending to swap for a different model but they can't even offer that.

 

Its my understanding the under SOGA there is no limit but that you might not get a full refund if a court rules a reasonable period has passed.

 

Given we are talking 40 days since purchase this situation is laughable.

 

I've been told I can write to Orange to complain. I will be writing to complain about the assistant manager of the Yate branch who was less than helpful and somewhat rude. I contrast this with the manager of Cribbs Causeway store who was apologetic but polite. The title of my letter will be Letter Before Action.

 

Ridiculous policy from Orange. Poor customer experience. I'm not going to p*ss about - Refund + Compensation due now or I'll see you in court.

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This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

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You'll probably lose.

 

In the timeframe you outline, under SOGA they will take the item from you and ascertain what has gone wrong. 28 days IS a reasonable time for a no questions exchange of a faulty item, After this, there is an expectation that they have to investigate the problem on the basis that the fault is one of manufacturing and must be investigated (up to 6 months) after that, the onus is on you to prove the goods were inherently faulty.

 

Providing they take the goods in to investigate the problem, they have discharged their SOGA liabilities. There is no option for you to insist on a credit or indeed a replacement handset (although this may be an option if they agree there is an issue). Do remember, phones can be damaged in USE by the owner, so they are hardly likely to agree to the demands you made until the issue could be investigated.

 

There's little point going ballistic (as you appear to have). You'll be seen as unreasonable, and as they are headquartered in the city, will probably defend the action.

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