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Nokia 6280 from 3 - in dispute


Isaachiggs
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Hi

13months ago my partner recieved her new Nokia 6280 phone from 3. From the onset she complained that the reception was dire and kept cutting out. 3 said they needed to know the post code she was making the calls from and they would strengthen the signal in that area. This did not help. She called again and was advised the same thing, but still the phone kept cutting out.

 

2months ago, 3 agreed to have a look at the phone and it was sent off for analysis. It came back with the report it had water damage. My partner explained that she had not dropped it in water or spilt anything on it and must of been like it when she recieved it. 3 advised her that water damage can happen just from walking from one room to another, due to atmospherical pressure.

 

They offered her a recon phone that she would have to pay a further £95.00 for and carry on her contract. She declined this. After browsing the internet we found in fact there are known faults with the 6280, of which 3 agree there are, but are still unwilling to accept they supplied her with a substandard phone.

 

Now they are offering her that she pays £65.00 to end the contract that has 5 months to go but she must start a new contract on a higher tariff, She has decined this as well as she is unsatisfied with the service she has got from 3 in the past 13months and really has paid over £400.00 for a phone that has been next to useless.

 

We have told them we will be getting in touch with OFCOM and quoted the sales of goods act, where I think the supplier has to provide evidence that the product was in working order when the customer recieved it but this did not really have any effect.

 

Anyones advise on this would be gratefully accepted.

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The Onus is on the supplier to prove that the phone was in working order within the first 6 months.

 

Why was it left so long to get the phone looked at. Within 28 days, three will swap the phone for a new one. After that, they normally collect the phone from your home or workplace, take it to the repair centre, fix it and get it back within 3 working days. If my customers have a faulty 3 phone i loan them a phone whilst it is away.

 

If the phone now has water ingress it will have invalidated the warranty, as it is not mechanical breakdown, whether or not the fault was there before it was sent.

 

I have had customers whom have left the phone in the bathroom whilst having a bath and the steam has got into the phone. There are also lots of other ways the phone can get water ingress, i.e sweaty hands, drop of rain, dropping in water, spilling drinks etc, but if the phone was not sent away until 11 months after it was first used, they will argue that it was working up to then.

 

In the networks terms and conditions they cannot guarantee reception in all areas, and they all meet and exceed the required standard, and at the time Three offered a 14 day Customer Satisfaction Guarantee, so if your wife wasnt happy, she could have cancelled.

 

I do not think you would have a leg to stand on now, and you woudl probably be better off getting a 2nd hand Three phone on Ebay, for £40 - £60.00 and seeing out the contract and then porting to another network, or paying the £95 to three, seeing out the contract and then selling the phone.

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As complete says, water damage is a killer - and it is very difficult to disprove. HOWEVER, if she asks for the phone to be returned she can take it to a Nokia Service Centre and have it checked independently. If they identify any other problems but NOT water damage, she can pursue 3UK and also get the inspection fee refunded. However, if they also say there's water damage, the recon phone is the best offer available.

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