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Orange Contract & Faulty Mobile


LeeS80
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Hi,

 

I'm currently on an 18 Month contract with Orange, taken out in March this year. I've been with them for a few years.

 

As part of my contract I got a choice of phone, and I picked a Nokia N70. The phone worked a treat until after about 6 months it developed faults. Turning off by itself, dropping calls half way through etc. I called Orange and they agreed to send me a replacement, great! I didn't know I'd be charged £15 through my insurance though, that was on my bill!!

 

Basically I'm on my 4th Mobile from Orange (after some kicking off I got them to drop the £15 charge as I wasn't claiming through my insurance, I was claiming within 12 month warranty!) The new phone was delivered last night, and guess what, it's not working properly either!

 

I'm due to call Orange again today and was wondering if anyone had any advice before I do? I'm not happy to keep having phones sent out which means I have to be in of an evening between 6pm & 10pm to sign for it. I'm also not happy that I keep getting faulty phones - I think it is a dodgy group of phones that they have, so I'll keep getting the same faults!

 

Any advice welcomed!

HSBC - S.A.R - (Subject Access Request) 30/10/06

 

07/11/06 - Letter refunding cheque and informing statements will be along shortly.

08/11/06 - Statements from Jan-2001 to Jan-2004 rec'd. Requested more but am waiting.

09/11/06 - Sending of prelim request for refund! £913.50

27/11/06 - Letter from Royal Mail, original prelim lost in post!!

06/12/06 - Another prelim sent :(

19/12/06 - Reply from Mr Langdale saying complaint received and that I'll have a proper response by 5th January 07....

 

Capital One - S.A.R - (Subject Access Request) 31/10/06

 

Sent off prelim for £392.00 - All adds up I suppose! 06-12-06

Partial Offer received 19/12/06 - £152, offer accepted as part settlement only......

 

GE Capital Bank - S.A.R - (Subject Access Request) 31/10/06

 

Store card account. Charges approx £200, prelim being sent off in the new year!

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as far as i can make out your phone doesnt comply with the supply and sale of goods act.because it is faulty it isnt doing the job it is intended to do.the trouble with orange is they have their own way of thinking.i suggest you maybe write to the ceo.i find if you go straight to the top it gets resolved much quicker.good luck.....

[email protected]

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Thanks norse. I'll get in touch with them and post their responses in this thread. I just spoke to them tonight but because the courier hasn't updated his system, they can't deal with the case until Monday!

HSBC - S.A.R - (Subject Access Request) 30/10/06

 

07/11/06 - Letter refunding cheque and informing statements will be along shortly.

08/11/06 - Statements from Jan-2001 to Jan-2004 rec'd. Requested more but am waiting.

09/11/06 - Sending of prelim request for refund! £913.50

27/11/06 - Letter from Royal Mail, original prelim lost in post!!

06/12/06 - Another prelim sent :(

19/12/06 - Reply from Mr Langdale saying complaint received and that I'll have a proper response by 5th January 07....

 

Capital One - S.A.R - (Subject Access Request) 31/10/06

 

Sent off prelim for £392.00 - All adds up I suppose! 06-12-06

Partial Offer received 19/12/06 - £152, offer accepted as part settlement only......

 

GE Capital Bank - S.A.R - (Subject Access Request) 31/10/06

 

Store card account. Charges approx £200, prelim being sent off in the new year!

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If you do a Google search for Nokia N70 problems, you'll find lots of folk in the same situation. I might be wrong, but I'm sure I even remembered a trade news story that said Orange had refused to let the N70 be sold on their network because of ongoing incompatibilities. In this type of case, the sale of goods act applies (not fir for purpose), I's look into this and assert your rights. (Incidentally, it was a Nokia > Orange problem, not relevant to other networks.

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The Nokia N70 is a very problematic phone, it has the latest bb5 software in it as do a lot of the newest Nokia phones. The problems that we as mobile phone repairers often see with this phone are, Mobile switching itself off, mobile resetting itself whilst texting, mobile white screening , and crashing whilst connected to the internet. Sometimes these issues can be resolved by flashing the phone, ie renewing the software with the latest version. Unfortunately though this is the case with a lot of the newer Nokia mobile phones especially the N series and also the Nokia 6280, especially the 6280,s that are on the 3 network. It is generally accepted by the network providers that if they have to repair the phone more than twice, ie on the 3rd time they must replace the handset. We are totally independent mobile repair outlets so therefore dont mind giving this info freely as we are not attatched to any of the networks!!

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The legislation you are looking at is the Supply of Goods and Services Act 1982, which states that any goods supplied as part of a service must be of satisfactory quality.

 

It's not; you've given them reasonable opportunity to repair or replace it and that has failed, so therefore I suggest that you ask for either a different phone or you will be rescinding your contract with them.

Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

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Hi All,

 

Thank you for taking the time to reply.

 

I've been in touch with Orange, who kindly advised (insisted really) that the problems I have had have all been different and not logged as the same in their systems. Either way, to have a phone returned 4 times is not good enough.

 

I'm currently waiting a call back from a manager to discuss the account - I have asked for a totally different model phone, or termination of the contract immediately and I'll drop the phone off in it's box at the Orange shop near me.

 

I'll update when I know more.

 

Lee

HSBC - S.A.R - (Subject Access Request) 30/10/06

 

07/11/06 - Letter refunding cheque and informing statements will be along shortly.

08/11/06 - Statements from Jan-2001 to Jan-2004 rec'd. Requested more but am waiting.

09/11/06 - Sending of prelim request for refund! £913.50

27/11/06 - Letter from Royal Mail, original prelim lost in post!!

06/12/06 - Another prelim sent :(

19/12/06 - Reply from Mr Langdale saying complaint received and that I'll have a proper response by 5th January 07....

 

Capital One - S.A.R - (Subject Access Request) 31/10/06

 

Sent off prelim for £392.00 - All adds up I suppose! 06-12-06

Partial Offer received 19/12/06 - £152, offer accepted as part settlement only......

 

GE Capital Bank - S.A.R - (Subject Access Request) 31/10/06

 

Store card account. Charges approx £200, prelim being sent off in the new year!

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  • 2 months later...

Sorry about the late reply, it hasn't taken me this long to get one from Orange, just I've been chocker block.

 

Orange conceded that the problems were in fact the same, and since posting I've had another two phones changed - same problem.

 

They offered to replace the phone with another model. But not a Nokia. They want me to take a Sony something or other.

 

Am I obliged to take this Sony, or does anyone here think I should insist for a Nokia replacement model. I don't like any other make, and all my last phones have been Nokia. Surely if I'd wanted a Sony I'd have got one in the first place!

HSBC - S.A.R - (Subject Access Request) 30/10/06

 

07/11/06 - Letter refunding cheque and informing statements will be along shortly.

08/11/06 - Statements from Jan-2001 to Jan-2004 rec'd. Requested more but am waiting.

09/11/06 - Sending of prelim request for refund! £913.50

27/11/06 - Letter from Royal Mail, original prelim lost in post!!

06/12/06 - Another prelim sent :(

19/12/06 - Reply from Mr Langdale saying complaint received and that I'll have a proper response by 5th January 07....

 

Capital One - S.A.R - (Subject Access Request) 31/10/06

 

Sent off prelim for £392.00 - All adds up I suppose! 06-12-06

Partial Offer received 19/12/06 - £152, offer accepted as part settlement only......

 

GE Capital Bank - S.A.R - (Subject Access Request) 31/10/06

 

Store card account. Charges approx £200, prelim being sent off in the new year!

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I think the problem is that you accepted a replacement intially. Under Consumer law you would have had a right to your money back or a replacemtn in the first instance. You chose a replacement, so it is now difficult for your to argue that you want your money back.

 

Of course, I cannot understand why Orange want to keep supplying you with a phone they know has faults. Similarly, I cannot understand why you want a Nokia phone - given all the problems your have had! Do Orange have any other Nokia phone available on the contract you are on? If so, does it too have the same problems (apparently software as Kermit2482 points out)?

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Which sony ericsson are they offering? If its the K800i (and I suspect it might be) I'd go for it. Much better and more reliable than the N70

All my posts are made without prejudice and may not be reused or reproduced without my express permission (or the permission of the forums owners)!

 

17/10/2006 Recieve claim against me from lloyds TSB for £312.82

18/10/06 S.A.R - (Subject Access Request) sent

03/02/07 Claim allocated to small claims. Hearing set for 15/05/07. Lloyds ordered to file statement setting out how they calculate their charges

15/05/07 Lloyds do not attend. Judgement ordered for £192 approx, £3 travel costs and removal of default notice

29/05/07 4pm Lloyds deadline for payment of CCJ expires. Warrant of execution ready to go

19/06/07 Letter from court stating Lloyds have made a cheque payment to court

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Hi, that sounds about familiar. I'd have to ring back to check, told them I'd think about it. Thanks for advice though, I was undecided but my phone switched itself off again the other day, lost it's memory too!

HSBC - S.A.R - (Subject Access Request) 30/10/06

 

07/11/06 - Letter refunding cheque and informing statements will be along shortly.

08/11/06 - Statements from Jan-2001 to Jan-2004 rec'd. Requested more but am waiting.

09/11/06 - Sending of prelim request for refund! £913.50

27/11/06 - Letter from Royal Mail, original prelim lost in post!!

06/12/06 - Another prelim sent :(

19/12/06 - Reply from Mr Langdale saying complaint received and that I'll have a proper response by 5th January 07....

 

Capital One - S.A.R - (Subject Access Request) 31/10/06

 

Sent off prelim for £392.00 - All adds up I suppose! 06-12-06

Partial Offer received 19/12/06 - £152, offer accepted as part settlement only......

 

GE Capital Bank - S.A.R - (Subject Access Request) 31/10/06

 

Store card account. Charges approx £200, prelim being sent off in the new year!

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Share on other sites

If it is the K800i you really wont regret it. Other SE handsets are pretty good too. I used to love nokias myself but since getting a K800i I've been converted

All my posts are made without prejudice and may not be reused or reproduced without my express permission (or the permission of the forums owners)!

 

17/10/2006 Recieve claim against me from lloyds TSB for £312.82

18/10/06 S.A.R - (Subject Access Request) sent

03/02/07 Claim allocated to small claims. Hearing set for 15/05/07. Lloyds ordered to file statement setting out how they calculate their charges

15/05/07 Lloyds do not attend. Judgement ordered for £192 approx, £3 travel costs and removal of default notice

29/05/07 4pm Lloyds deadline for payment of CCJ expires. Warrant of execution ready to go

19/06/07 Letter from court stating Lloyds have made a cheque payment to court

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Many phones have additional firmware specific to the home network being used. The problem for Orange is that they have a tight integration between the handset functionality and the network, so some phone become unstable - and Nokia has been forced to take back many handsets that did not perform on Orange. Sony-Ericsson OTOH has had a much better track record, so it may be worthwhile seeing what the competition offers, as the change may be a better option.

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