Carphone Warehouse - Faulty Phone - Replacement Number Five

[sam9309]

Hi all,

 

I am new to this forum so I hope I have posted in the right place! I have a quick question which I hope someone could help me with.

 

 

I took out, in July 2011, a contract with Orange (24 months) via Carphone Warehouse, with a Blackberry Bold 9780 mobile.

 

In December the original phone became faulty, developing a problem with the screen. I received a replacement phone within around three weeks of reporting the fault. I used the phone for around a month, and again a similar fault developed. Again the phone was replaced, in around three weeks, only for me to find the phone setup incorrectly, thus not giving me access to any Blackberry services, they replaced the phone (another three week wait) now my replacement (I have had this phone around two weeks) has developed a keyboard fault.

 

I have contacted complaints about this, who simply tell me that they will monitor and speed the replacement of the phone up as soon as possible. However I am becoming sick of not having the phone which came with the contract.

 

From what I understand, a mobile phone contract does not cover the phone itself, just the network coverage. However, my ideal solution would be to change the phone, upgrade early or something similar - is there any way in which I could do this?

[Abelly]

You should not have to upgrade early or anything similar. I would write them a letter, sales of goods act. There is some templates on this forum somewhere to send, you have the full right to a working mobile phone.

 

 

Liability under s.14 is strict and not dependant of proof of fault on the part of the seller.

 

The relevant parts of s.14 are as follows:

 

(2) Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality.

 

 

(2A) For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.

 

(2B) For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods—

 

(a) fitness for all the purposes for which goods of the kind in question are commonly supplied,

(b) appearance and finish,

© freedom from minor defects,

(d) safety, and

(e) durability.

 

 

Applying this section a judge would thus consider whether a reasonable person would regard the goods as of satisfactory quality looking at the stated aspects in addition to all other relevant circumstances. Looking at fitness for purpose, the judge, will consider whether the goods are fit for the purpose the goods are commonly supplied so for example if you purchase a hairdryer and use it to dry your clothes, the judge is unlikely to conclude there has been a breach as the goods were not used for their common purpose. Conversely if you purchase a pair of shoes which fall apart after a few days wear, the seller cannot simply state they were fashion shoes and not intended for wearing full time.

 

In addition to the statutory guidance a court applies the acceptability and usability tests to help determine if the goods in question are of satisfactory quality.