Orange Replacement Handset Problem

[lilcaz83]

Hello,

 

Need some advice regarding a recent upgrade.

 

On the 10th June 2012 i ordered a new handset on a 24 month contract.

 

It arrived after a delay via courier on the 18th June 2012.

 

On the 2nd July 2012 the touch buttons on the bottom of the handset stopped functioning, rendering the handset faulty.

 

I contacted Orange for a replacement, and was advised that "it will be no problems the new handset will arrive this evening" (it was a same day service).

 

However, upon receipt of this "new" handset, i noticed it was a refurbished handset, not a new one.

 

I am now in a battle with Orange because they are quoting the sale of goods act every time i call to complain, and state that the handset will only be replaced with a brand new handset if faulty within the first 14 days.

 

However the @OrangeHelpers account on Twitter have advised me that i am entitled to receive a NEW handset within the first 28 days.

 

Where do i go from here?

 

I can't use the email complaints procedure as there are technical problems with it, and each time i contact Customer Service, they just attempt to feed me with this new 14 day rule that they have.

 

What are my rights?

 

I'm now stuck with a refurb phone on a 2 year contract paying £36 a month!!!

 

HELP!!

[johnvernon74]

Try facebook helpers or alternatively Orange executive office on 08708 700862

[2Grumpy]

Get clued up on the sale of goods act and decide how far you are prepared to take this.

 

You can quote the sale of goods act that goods must be fit for purpose.

 

Most stores offer a 28 day replacement policy because that is their interpretation of the act. These stores are not charities, some are not well known for their customer service, yet they still offer 28 days in which they will replace faulty goods.

 

For mobile phones, it is no different. However, there is a service contract associated with the phone, so they wouldn't want you demanding a refund after 21 days and have you thinking that you can walk away from the contract. (Actually the sale of goods act includes services so if the service failed that too might be breakable). That is probably why they choose to try to limit your rights to a replacement new phone for a longer period.

 

Get your letter of complaint in. You might want to put a time limit on their response, then follow up with a letter before action and a small claims court action against them. If you phone the executive office and you are getting nowhere, you could, as a final attempt, inform them of your intentions.

 

Meanwhile, ask them where in their terms and conditions it states 14 days (it doesn't matter if it is there, they can't affect your consumer rights (where have I heard that phrase before?)

[lilcaz83]

Thanks for the comments.

 

Really not happy with the situation, so i will be taking things further.

[2Grumpy]

As you get responses and you are deciding on your next steps, keep on posting back here for further advice

 

Don't threaten legal action if you aren't going to follow through, be vague about your next step instead

[lilcaz83]

I have emailed a copy of my complaint to the Executive Office, so i will see what happens with that before i take any further action.

 

I would have also emailed the Orange complaints department but there is a technical problem with it at present.

[2Grumpy]

I would have also emailed the Orange complaints department but there is a technical problem with it at present.

 

Same software suppliers as RBOS/Natwest?