3 Contract

I'm on a 3 contract via dail a phone and have been so for 2 months
My phone is faulty and have been told that I must send the phone away to be
repaired, no replacement to be issued in the meantime.

I expressed my feeling that I wanted to cancel as I believe I should be
instantly sent a new phone. I was told that I would be charged for the full
period outstanding.

Anyone know how I stand legally

cheers in advance

---

› See More: 3 Contract

"Eyan The Mackem (oo)" <eyanthemackemoo(remove)@blueyonder.co.uk> wrote in
message news:[email protected]...
> I'm on a 3 contract via dail a phone and have been so for 2 months
> My phone is faulty and have been told that I must send the phone away to
> be repaired, no replacement to be issued in the meantime.
>
> I expressed my feeling that I wanted to cancel as I believe I should be
> instantly sent a new phone. I was told that I would be charged for the
> full period outstanding.
>
> Anyone know how I stand legally
>
> cheers in advance
>

What does your contract say ?
You normally have so many days but I dont think it will be two months.

RICK

"Rick" <[email protected]> wrote in message
news:[email protected]...
>
> "Eyan The Mackem (oo)" <eyanthemackemoo(remove)@blueyonder.co.uk> wrote in
> message news:[email protected]...
>> I'm on a 3 contract via dail a phone and have been so for 2 months
>> My phone is faulty and have been told that I must send the phone away to
>> be repaired, no replacement to be issued in the meantime.
>>
>> I expressed my feeling that I wanted to cancel as I believe I should be
>> instantly sent a new phone. I was told that I would be charged for the
>> full period outstanding.
>>
>> Anyone know how I stand legally
>>
>> cheers in advance
>>
>
> What does your contract say ?
> You normally have so many days but I dont think it will be two months.
>
> RICK
>


12 months

Surely the phone should not die after 2 months.

Am I entitled to a new one?

"Eyan The Mackem (oo)" <eyanthemackemoo(remove)@blueyonder.co.uk> wrote in
message news:[email protected]...
>
> "Rick" <[email protected]> wrote in message
> news:[email protected]...
>>
>> "Eyan The Mackem (oo)" <eyanthemackemoo(remove)@blueyonder.co.uk> wrote
>> in message news:[email protected]...
>>> I'm on a 3 contract via dail a phone and have been so for 2 months
>>> My phone is faulty and have been told that I must send the phone away to
>>> be repaired, no replacement to be issued in the meantime.
>>>
>>> I expressed my feeling that I wanted to cancel as I believe I should be
>>> instantly sent a new phone. I was told that I would be charged for the
>>> full period outstanding.
>>>
>>> Anyone know how I stand legally
>>>
>>> cheers in advance
>>>
>>
>> What does your contract say ?
>> You normally have so many days but I dont think it will be two months.
>>
>> RICK
>>
>
>
> 12 months
>
> Surely the phone should not die after 2 months.
>
> Am I entitled to a new one?
>

I personally, having no idea about 3 contracts think the best thing for you
to do is send it away to be repaired.

I understand your annoyance but it's what I had to do with one of my phones.

RICK

3 collect and return phones back in 3 days from my experience via courier



"Rick" <[email protected]> wrote in message
news[email protected]...
>
> "Eyan The Mackem (oo)" <eyanthemackemoo(remove)@blueyonder.co.uk> wrote in
> message news:[email protected]...
>>
>> "Rick" <[email protected]> wrote in message
>> news:[email protected]...
>>>
>>> "Eyan The Mackem (oo)" <eyanthemackemoo(remove)@blueyonder.co.uk> wrote
>>> in message news:[email protected]...
>>>> I'm on a 3 contract via dail a phone and have been so for 2 months
>>>> My phone is faulty and have been told that I must send the phone away
>>>> to be repaired, no replacement to be issued in the meantime.
>>>>
>>>> I expressed my feeling that I wanted to cancel as I believe I should be
>>>> instantly sent a new phone. I was told that I would be charged for the
>>>> full period outstanding.
>>>>
>>>> Anyone know how I stand legally
>>>>
>>>> cheers in advance
>>>>
>>>
>>> What does your contract say ?
>>> You normally have so many days but I dont think it will be two months.
>>>
>>> RICK
>>>
>>
>>
>> 12 months
>>
>> Surely the phone should not die after 2 months.
>>
>> Am I entitled to a new one?
>>
>
> I personally, having no idea about 3 contracts think the best thing for
> you to do is send it away to be repaired.
>
> I understand your annoyance but it's what I had to do with one of my
> phones.
>
> RICK
>

"Eyan The Mackem (oo)" <eyanthemackemoo(remove)@blueyonder.co.uk> wrote in
message news:[email protected]...
> I'm on a 3 contract via dail a phone and have been so for 2 months
> My phone is faulty and have been told that I must send the phone away to
> be repaired, no replacement to be issued in the meantime.
>
> I expressed my feeling that I wanted to cancel as I believe I should be
> instantly sent a new phone. I was told that I would be charged for the
> full period outstanding.
>
> Anyone know how I stand legally
>
> cheers in advance
>

its all 3... shame the tariff is not free LOL

RICK

On Thu, 11 Nov 2004 18:13:27 -0000, "Eyan The Mackem \(oo\)"
<eyanthemackemoo(remove)@blueyonder.co.uk> wrote:

>Surely the phone should not die after 2 months.
>
>Am I entitled to a new one?

No, you are entitled to the one you have being repaired.


If you buy a car, and something happens to it, do they give you a new
one?

No.
--
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On Fri, 12 Nov 2004 08:08:50 -0800, Evan Platt wrote:

> On Thu, 11 Nov 2004 18:13:27 -0000, "Eyan The Mackem \(oo\)"
> <eyanthemackemoo(remove)@blueyonder.co.uk> wrote:
>
>>Surely the phone should not die after 2 months.
>>
>>Am I entitled to a new one?
>
> No, you are entitled to the one you have being repaired.
>
>
> If you buy a car, and something happens to it, do they give you a new
> one?

No.... but then most reputable dealers will give you a courtesy-car
while your own car is being repaired.

--
Michael Turner
Email (ROT13)
[email protected]

"Evan Platt" <[email protected]> wrote in message
news:[email protected]...
> On Thu, 11 Nov 2004 18:13:27 -0000, "Eyan The Mackem \(oo\)"
> <eyanthemackemoo(remove)@blueyonder.co.uk> wrote:
>
>>Surely the phone should not die after 2 months.
>>
>>Am I entitled to a new one?
>
> No, you are entitled to the one you have being repaired.

Not any more. Within six months, it's up to the supplier to prove that the
phone isn't faulty, and it's down to your discretion if you want a repair or
a replacement.

> If you buy a car, and something happens to it, do they give you a new
> one?

That all depends what's wrong with it. If the engine fell out after two
months, you're damned right I'd insist on a replacement. However, you can't
compare cars and phones, and you'll find that car sales are covered by
different legislation anyway.

--
>>> Unlock Your Phone's Potential <<<
>>> www.uselessinfo.org.uk <<<
>>> www.thephonelocker.co.uk <<<
>>> www.gsm-solutions.co.uk <<<

>Surely the phone should not die after 2 months.
>
>Am I entitled to a new one?
>
as with nearly everything under warranty you are entitled to a repair
or replacement at their descrestion and not yours and you cannot
cancel early just cos you want a new one.


Chris P Bacon

"Chris P Bacon" <[email protected]> wrote in message
news:[email protected]...
>
>>Surely the phone should not die after 2 months.
>>
>>Am I entitled to a new one?
>>
> as with nearly everything under warranty you are entitled to a repair
> or replacement at their descrestion and not yours and you cannot
> cancel early just cos you want a new one.

When the Sale of Goods Act was revised (last year or the year before), that
was changed. It's now at the purchasers discretion whether they have a
repair, replacement or a refund within the first six months. After that
it's at the suppliers discretion.

--
>>> Unlock Your Phone's Potential <<<
>>> www.uselessinfo.org.uk <<<
>>> www.thephonelocker.co.uk <<<
>>> www.gsm-solutions.co.uk <<<

On Fri, 12 Nov 2004 17:17:49 +0000, michael turner
<[email protected]> wrote:

>No.... but then most reputable dealers will give you a courtesy-car
>while your own car is being repaired.

I've typically only seen a free courtesy car for scheduled
maintenance.

Of course, thats with your average car - Honda, Toyota, etc. You buy a
BMW, Mercedes, etc, yes.
--
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On Fri, 12 Nov 2004 20:04:33 GMT, "Richard Colton"
<[email protected]> wrote:

>Not any more. Within six months, it's up to the supplier to prove that the
>phone isn't faulty, and it's down to your discretion if you want a repair or
>a replacement.

Where is this stated?

>That all depends what's wrong with it. If the engine fell out after two
>months, you're damned right I'd insist on a replacement.

But again - you are insisting on a replacement. You aren't entitled to
it.

>However, you can't compare cars and phones, and you'll find that car sales are covered by
>different legislation anyway.

Exactly. However it's an analogy most people recognize. A cell phone
needs repair, people expect a new one, not a repair.
--
To reply, remove TheObvious from my e-mail address.

"Evan Platt" <[email protected]> wrote in message
news:[email protected]...
> On Fri, 12 Nov 2004 20:04:33 GMT, "Richard Colton"
> <[email protected]> wrote:
>
>>Not any more. Within six months, it's up to the supplier to prove that
>>the
>>phone isn't faulty, and it's down to your discretion if you want a repair
>>or
>>a replacement.
>
> Where is this stated?

Sale of Goods Act.

>>That all depends what's wrong with it. If the engine fell out after two
>>months, you're damned right I'd insist on a replacement.
>
> But again - you are insisting on a replacement. You aren't entitled to
> it.

If it's not fit for the purpose, you are entitled to a replacement or
refund.

>>However, you can't compare cars and phones, and you'll find that car sales
>>are covered by
>>different legislation anyway.
>
> Exactly. However it's an analogy most people recognize. A cell phone
> needs repair, people expect a new one, not a repair.

If the phone is less than six months old they're entitled to a replacement,
repair or refund at their discretion.

--
>>> Unlock Your Phone's Potential <<<
>>> www.uselessinfo.org.uk <<<
>>> www.thephonelocker.co.uk <<<
>>> www.gsm-solutions.co.uk <<<

On Mon, 15 Nov 2004 21:01:51 GMT, "Richard Colton"
<[email protected]> wrote:

>> Where is this stated?
>
>Sale of Goods Act.

Ok, It appears this is a UK rule:

http://www.dti.gov.uk/ccp/topics1/fa...legoodsact.htm


• If goods do not conform to contract at the time of sale, purchasers
can request their money back "within a reasonable time". (This is not
defined and will depend on circumstances)

And:

Q11. The retailer has said that a repair is "disproportionately
costly" and insists I accept a replacement as an alternative. Must I
accept this?

Yes, and vice versa if you request a replacement and this is
"disproportionately costly". However, remember any remedy has to be
carried out "without significant inconvenience" and within a
"reasonable time" for the consumer. Remember that you could also seek
damages instead.

I'm sorry, but I don't read that as you are entitled to a replacement.
Quite the opposite.

>If it's not fit for the purpose, you are entitled to a replacement or
>refund.

As long as its not disproportionately costly.

>If the phone is less than six months old they're entitled to a replacement,
>repair or refund at their discretion.

Not that I can see in the web site above.
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