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sale of goods act 1979

3: Seeker
Dear vodafone, in decenber 2013 I took out a 2 year contract with a nokia lumia 1020 mobile phone with vodafone. since then ive had nothing but problems : 1st i was mis sold a sim adapter so i could use my nano sim. this broke the tray and i had to return the phone and swap for a new one. i wasnt made aware that nokia lumia 1020 isnt designed to be used with sim adapters. the new one had a line of dead pixels right down the cenre of the screen so i again returned it and got another new phone. the new phone started making a horrible screeching noise whenever i turned the camera on. i sent it back to nokia who "fixed" it 2 weeks later. when i got it back i turned it on and straight away, it was making the same noise. they hadnt even touched the phone. so i again returned it to nokia who kept it another 2 weeks. it eventually came back and all seemed fine.. except now its doing it again. its intermittent though. its also started to crash 50% of the time when i use the camera and it freezes and i end up having to do a reset to get it working again. the battery is also terrible. an example, i used the built in sat nav (here drive) while plugged in charging. i drove 2 hours. i started with 100% power. by the time i got to my destination it was on 16%. with all the problems ive had, i asked nokia what they intend to do. they said they can fix it if i return it. i have no intention of spending the next 16 months of my contract returning the phone every other month with a problem. nokia have told me i need to contact vodafone. i called vodafone this afternoon and they said they'll take the phone and fix it. they also told me to go to the store to pick up a "complimentery" phone to use while im waiting for mine to be returned. however the store told me they dont have one. im not willing to get this phone "fixed" anymore. i have done that enough times and also had the phone replaced enough times to realise that the make / model is faulty and not JUST this particular handset. i would rather either cancel the contract or have a replacement phone (not a nokia lumia). The Sale of Goods Act 1979 makes it an implied term of the contract that goods be as described, of satisfactory quality and fit for purpose which this clearly isnt. As vodafone are in breach of contract I am entitled to have the phone replaced and I would request that vodafone confirm that they will do this within the next 14 days. I look forward to hearing from you --------------------------------------------------------------------------------
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19 REPLIES 19
13: Advanced Member
If a repair is offered under warranty, then Vodafone are satisfying all of the criteria required under the Sale of Goods Act or the Supply of Goods and Services Act. The phone will only be replaced if it's faulty within 14 days. After that, it would have to be repaired, either by Vodafone or by Nokia. It'll only be replaced if they can't fix the issue. Nokia and Vodafone have both told you they can fix the phone if you send it to them for repair. This is your only resolution.

If I've helped you, please click Thanks

 

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12: Established

Multiple replacement units & repairs would imply the 1020 is not fit for purpose.

I do not know how Vodafone deal with such instances (probably polar opposite to how I would).

A Vodafone rep should be in contact to discuss.

~~Clear eyes - Full Hart - Can't lose~~
“As wars come and go, my soldier stays eternal”

My comments represent my opinion which is not affiliated or sponsored in any way. 

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3: Seeker
thanks for the responces so far. i do believe also that the amount of times ive had it replaced / fixed is enough for me to take it further.. how long does it take to get an official responce on these things? ive given up going to the branch or calling up the call centre as they're just not listening to what im saying.
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17: Community Champion

Some networks have an "x repairs and you can have a replacement" policy.  Vodafone don't, but will, as far as I'm aware, deal with each case on its merits.  It's very odd that you've had so many problems with different handsets and I doubt there's a general problem that makes that particular model unusable.  If there were, we'd have heard a lot more about it.   I'm not sure how the "not of merchantable quality" (which I think is where you're going) argument applies when you've had replacements - the legislation would normally apply ( as I read it) to a specific example and not a succession of them.

 

Your best bet is to wait for the forum team to pick this thread up and see what they can do to help you.

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Moderator (Retired)

Hi albeebournemout,

 

We'll need to take a closer look at your account. Please get in touch here.

 

Thanks,

 

Sukhi

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3: Seeker
Thanks. I've done as you've requested. Let me know if its ok.
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Moderator (Retired)

Hi albeebournemout,

 

If you let us know your [#7xxxxxx] reference, we’ll check this for you.

 

Thanks,

 

Sarah

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3: Seeker
Excuse my ignorance. What's a [#7xxxxxx] number? I had an email from someone called Jagruti Manshani asking for my bank details and mobile number so I replied to that. Is that ok?
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16: Advanced member

@albeebournemout wrote:
What's a [#7xxxxxx] number? 

When you sent the message, you should have received an automated reply by email.  In that reply would have been a reference number that looks a bit like this: [#7123456]. 

PWIAC

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3: Seeker
interesting. ive just checked and the automated replies ive had are all just standard emails saying thanks etc and offering me links to helpful q+a pages etc.. no reference numbers i can see..
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Moderator (Retired)

Hi albeebournemout,

 

I can't see any emails from you using the email address you registered with.

 

If this isn't resolved, please reply to our last email.

 

Thanks,

 

Ian

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3: Seeker
My last email had the reference you were referring to. It's [#7736134]
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Moderator (Retired)

Hi albeebournemout,

 

We’ve got your email. We’ll be in touch as soon as we can.

 

Cheers

 

Laura

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3: Seeker
hows about this for a joke... just went to try to log on to the vodafone mobile site on my nokia 1020... got a message saying vodafone site is not compatible with my device, log on using a PC instead... you'd think if vodafone are willing to take £42 a month for 2 years, they'd make their website compatible with the phone??
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16: Advanced member

There could be something in the browser settings that is causing you to get that error message. I've logged into the site from various different handsets and devices - all with no issues. 

PWIAC

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17: Community Champion

You could also try a different browser.

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3: Seeker
what other browsers can you get on a windows phone? theres no option to change any settings for the browser that i can see?
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17: Community Champion

@albeebournemout wrote:
what other browsers can you get on a windows phone? theres no option to change any settings for the browser that i can see?

Good point.  There's an Opera lookalike.   I've got it but haven't tried it extensively.

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4: Newbie
Don't waste your time with Vodafone or Nokia. Incidentally it is the responsibility of Vodafone as the supplier/seller to remedy your problems and not Nokia as it is NOT a party to the contract between you and Vodafone. Vodafone is in breach of contract in CONSISTENTLY failing to supply you with the service for which you are paying. I would look into the chargeback mechanism as there may be a possible remedy there: http://www.which.co.uk/consumer-rights/problem/how-do-i-use-chargeback
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