BlackBerry

[Tomo1971]

Bought a Torch 9800 from the Manchester Trafford Park Store on (I think) the 28th October, so 10 days ago now. Brilliant phone, love it.

As I was part way through my contract, I bought the phone outright (expensive!!) but so I could maintain my insurance policy I didnt want to risk buying one from ebay and finding Voda wouldnt continue to insure me.

Anyhoo.... a few days of use later I notice that when using the red key and back key, or pressing that area of the phone when it is shut, it creaks an awful lot. Doesnt do it the other side.

I'd like to take it back for a replacement.

I spoke to 191 who were very helpful although they couldn't help directly. I explained that as I work away from home a lot, taking back to the store I had it from wasn't ideal.

She tells me that the normal period for taking a faulty phone back is 7 days, although this can be extended at the discretion of a manager and to try taking it back to another store and ask there.

So after the call, I headed to one of the Birmingham stores, who to be frank weren't very helpful at all. I explained my problem, the fact I am a business customer and use the phone a lot (and basically rely on it for my work). They refused point blank to replace it and said the only way is to send it in for repair as I was over the seven days.

Whatever happened to the Sale of Goods Act?

My understanding is that if an item develops a fault within a reasonable time of purchase then the customer is entitled to a refund, replacement or a repair. Where does the SOGA stipulate that this has to be within seven days of purchase?

TBH.... I dont want to send in for a repair, as its such a new phone I shouldn't have to be inconvenienced like this. I also dont want to run the risk of getting back a refurbished unit, as it seems the quality of these coming back to customers is shocking. I also cannot be without a smartphone for more than a day as my business depends on it.

So.... advice from the mods please?

Steve

[daveastra]

the problem you have is that the SOGA as you say says `reasonable timescale` and it doesnt stipulate what that timescale is, and leaves that in the hands of the vendor, to which vodafone have placed 7 days, sadly as its their policy i dont think you`ll get further than that.

as you mention insurance, is this through vodafone or through a 3rd party? as vodafone insurance does entitle you to a replacement phone while yours is away. now thats not saying its going to be a blackberry or anything but last i knew they were using the vodafone 360 H1`s which are web/email touchscreens so would give you that smartphone useage while yours is away if it is vf insurance you have

[Tomo1971]

Ta for the reply.

Im tending to think that this is a common problem, lots seem to do it over time. Sometimes mine creaks, sometimes it doesnt.

It is VF insurance, but why should I claim on that when its in my opinion a fault rather than damage?

I have tried calling the Trafford store, with no luck... left a message, no response.

Will probably leave it for now, as is the same with car windscreens.... as soon as you get it replaced for a stone chip, it gets smashed again the day after.

Ta again S.

[daveastra]

no its not an insurance claim, just part of the policy means they`ll provide you with a replacement while yours is away, it wont cost you a penny extra

[CarlJ]

Its not an insurance issue....

It is a OEM issue, I called and asked for an exchange (nearly new) and it came the next day... sadly also a mexico 4

[Tomo1971]

Any fear of a mod answering me on this please??

Steve

[Dave]

Hi Tomo1971,

I'm happy to clarify this for you.

The information you were given is correct. You have seven working days from purchase of the handset to exhange the handset for any reason, after which you are able to take advantage of the repair service should your phone develop a fault.

This is within the legal requirements in place through the Sales of Goods act, and allows for devices faulty on receipt to be identified and returned in good time.

If you do have Vodafone insurance, you are correct that buying from a third party would mean the item wouldn't be covered, as we would not have provided it.

DaveN

eForum Team

[Tomo1971]

Thanks for your reply.

Think we are reading different versions of the Sale Of Goods Act, cos the one I studied at college and have since re-read says a customer has a reasonable time to ask for a refund or a replacement or a repair of faulty goods. Note the offer of a repair is for a customer to decide and not the seller in this 'reasonable time'. If this was a £30 phone, then maybe I can expect a reasonable time to be 7 days. When its a £500 phone (yes, I bought it for £500 from a Voda shop) I would say a reasonable time is longer.

So,What part of the SOGA stipulates in WRITING that it is 7 days?

Of course, my idea of a reasonable time and yours is different. I have nothing to lose to find out what trading standards find is a reasonable time do I, as it seems that quite a few people in a similar situation of gone down this route already..... guess who wins? ;-)


Oh, have a look here http://forum.vodafone.co.uk/topic/79664-incorrect-information-on-the-eforum/ which states that the return period is 28 days.

And have a look at this too http://www.dialtosave.co.uk/mobile/news/2009/07/17/vodafone-to-stop-refunds-on-faulty-phones/

Dates back to 2009 but states there was a change in policy so not to allow refunds when its just a change of mind (ala Argos's 16 day thing)

Cant find anything since in writing to suggest that this 28 day thing has been changed to 7.

So, any more info on this, can voda link me to their terms that state 7 days for a exchange for a faulty unit. I have looked at the terms on the web site and doesnt list an actual time limit for faults, only online sales etc.

Steve

[CarlJ]

Our exchange and refund policy
You have the option of asking for an exchange or refund within seven working days if you have bought directly from Vodafone. Working days are Monday to Friday and do not include weekends or UK public and bank holidays.

Equipment returns

• Where equipment has been supplied, the IMEI/serial number must match that of the original equipment
• All equipment supplied should be in its original saleable condition

http://www.vodafone.co.uk/vodafone-uk/about-us/code-of-practice/index.htm




The fault period is 16 days, should you find any issues with the handset vodafone can exchange it.

Should you have any issues thereafter Vodafone repair / exchange comes into play, pending what a system that Vodafone uses.. pends whch option this would be.

If you do not like these options you can speak with the OEM and pay 50$

The fault period used to be 28 but changed about 3 -4 months ago.. (may be wrong about that time period)

[Tomo1971]

This has now been resolved.

After advice from consumer action group and its members I mailed into the Directors office of Voda over the weekend.

They called today and immediately offered a replacement and commented that the Birmingham store should of done this there and then as it was only just over their 'official' 7 days.

Im not sure if the representative that called was saying this as company policy, or as a personal opinion but he did say that 28 days is around a reasonable time (and I agree) for a phone to be taken back for refund/exchange if faulty. After that, repair route.

I do however think that the chain of communication from the top down the branch's has been broken or that head office dont en-trust the branch staff to make a case by case judgement on what is a 'reasonable time' and so instruct them to say that its 7 days regardless. This is not fair on the branch staff.

Anyway, the chap that called, offered to send out a new device but hearing that I am away in London for 3 weeks, we decided best course of action was to do a branch swap, which happened about an hour after his call.

So, this Voda customer is a happy Voda customer.... eventually.

Thanks

Steve

[toadstool]

Thomo191 I have just gone through a process of trying to get a replacement phone but my contract was 9 months in but Id been having probs with my htc hd2 from about 3 months old it started as a firmware issue ended up as a totally failed unit could not get a like for like suitable replacement after phone had been away 4 times maybe more not sure now on 1 occasion was sent a device with broken screen and various scratches on in the I was pushed into a corner and agreed to pay £100 towards a new BB9800 since going onto this forum a few days ago I dont think I shoulda done that as I still feel missled unfairly treated and in 1 particular phonecall downright abused customer services leaves a lot to be desired if you have the link or address you sent your letter to it would be much appreciated I do have a very long report on my probs from day 1 until paying £100 Im now looking for repatriatin of my money heres hoping Thanks Reggie