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Hi all,
I am 2and a half months into a contract on an Orange SPV M2000 on a £25 per month contract, I paid £250 for the phone and have had problems from day one. They have replaced the handset 3 times since then because of the phone not ringing when a call is made and at this moment I am awaiting yet another replacement. I have been offered the SE P910i as a replacement but this is a phone that I can get for free on a £25 per month contract elsewhere and is not as expensive as my M2000. I have also paid £60 for an SD card that cannot be used in a SE P910i. I have also lost work because of the faulty phones. Even though Orange have admitted that I have had a series of faulty phones they will not make true remuneration or let me cancel my contract. I am therefore stuck between a rock and a hard place and as such am forced to continue paying my line rental even though I have had a series of faulty phones that I cannot use. Can anybody tell me how I can sort this out and if I have any rights in this case.
Tell them you want a free upgrade to the M5000 when it is released.
take the SEp910 then sue them for the £250 - five minutes on www.moneyclaim.gov.uk
Timax45:
I'm a litigation lawyer in the UK in The Real World, and I'd say that this is a clear breach of the Supply of Goods and Services Act 1982 with respect to your service contract, and the Sale of Goods Act 1979 with respect to the supply of the faulty phone.
Have a quick look here:
http://www.dti.gov.uk/ccp/topics1/facts/supplyofservices.htm
and here:
http://www.dti.gov.uk/ccp/topics1/facts/salegoodsact.htm
Look at Which!'s website or google for how to complain on this basis.
However, basically, rattle your sabre with the Operator - speak to their disconnection department (for Orange 0800 079 22 88 ) and demand that they end your contract and (if you feel ballsy) refund your used months' rental, but not your used minutes, stating that the phone and service provided has failed to be "as described, of satisfactory quality and fit for their purpose". If they refuse say you will speak to Trading Standards.
If you pay by credit card, they will also be liable for bollocking Orange.
Let me know how it goes.
V
vijay555 said:
Timax45:
I'm a litigation lawyer in the UK in The Real World, and I'd say that this is a clear breach of the Supply of Goods and Services Act 1982 with respect to your service contract, and the Sale of Goods Act 1979 with respect to the supply of the faulty phone.
Have a quick look here:
http://www.dti.gov.uk/ccp/topics1/facts/supplyofservices.htm
and here:
http://www.dti.gov.uk/ccp/topics1/facts/salegoodsact.htm
Look at Which!'s website or google for how to complain on this basis.
However, basically, rattle your sabre with the Operator - speak to their disconnection department (for Orange 0800 079 22 88 ) and demand that they end your contract and (if you feel ballsy) refund your used months' rental, but not your used minutes, stating that the phone and service provided has failed to be "as described, of satisfactory quality and fit for their purpose". If they refuse say you will speak to Trading Standards.
If you pay by credit card, they will also be liable for bollocking Orange.
Let me know how it goes.
V
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Click to collapse
A couple of things to consider though:
1) there are two contracts, one over the phone and one over the network. the network contract ontains terms which deny right to service. I understand these are not contrary to UCTA.
2) the contract over the phone is as against the supplier not the network although in this case it sounds as though both are orange.
the most important thing though is this info: it will cost orange several hundreds to instruct someone like vijay plus counsel to defend a claim. they will not defend your claim and so you will be paid.
now go here and issue a claim: www.moneyclaim.gov.uk
sainthalo - I don't think there's an indication that there's a problem with "service" in the mobile phone network sense, ie he can get coverage and use a phone, if the phone worked. Is that correct Timax45? All operators cover themselves from promising you perfect network service.
However, with respect to the phone, that's clearly a problem. I agree with saint to make a claim, but just prior to that I'd ring orange and tell them that you are about to commence a claim if they refuse to stand up to their legal obligations.
Throw around some serious sounding words and they should at least pass it on to someone who can take your issue seriously.
To cover your back you should write to them (letter, not email ideally) and tell them you are about to start a claim as a result of their failure to comply with their legal obligations in breach of the contract. I'm sure www.moneyclaim.gov.uk should help out with the claim itself.
V
vijay555 said:
sainthalo - I don't think there's an indication that there's a problem with "service" in the mobile phone network sense, ie he can get coverage and use a phone, if the phone worked. Is that correct Timax45? All operators cover themselves from promising you perfect network service.
However, with respect to the phone, that's clearly a problem. I agree with saint to make a claim, but just prior to that I'd ring orange and tell them that you are about to commence a claim if they refuse to stand up to their legal obligations.
Throw around some serious sounding words and they should at least pass it on to someone who can take your issue seriously.
To cover your back you should write to them (letter, not email ideally) and tell them you are about to start a claim as a result of their failure to comply with their legal obligations in breach of the contract. I'm sure www.moneyclaim.gov.uk should help out with the claim itself.
V
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Hi vijay glad we agree that he has little legal bases in claiming for the service element). However if he adds up days lost and works out value of tarriff paidthat was wasted he can add this to the claim since this claim would not be determined on legal merit but settled out of financial convenience.
You are quite right he should send notice of intention to commence proceedings. However many people find this an incredible hardship! If so then in this instance when the claim amount is low and given orange will not defend it and will not pay on the basis of a personal notice then you can skip the formality of notice especially given the matter will not get to trial so the minor procedural defect will not be of consequence.
Lets hope our friend with the grievance actually commences proceedings although I have to say, without smiting him, that most people don't even when they have been fortunate to get professional advice from someone like yourself.
My AT&T Tilt/Kaiser LCD screen was cracked, and I called HTC (1.888.617.1113) just now (Oct 30). HTC told me that they do not provide any service/RMA for this model for the time being. Asking when will the service be available? The answer is "Not Sure!" This is quite disappointing!
So, watch out your Kaiser/Tilt. Use it carefully.
I asked how much it costs me to replace the LCD once the service is avaiable. The estimated cost will be from $120 to $180.
Is what you have AT&T branded or HTC branded?
this is normal, and it's the same in most counties, if your at&t messes up, you take it to at&t for repair, it's like that for most carriers, if you have the HTC Tytn 2, you have to send it back to whom you got the phone from, or to the county that the phone was registered to, US will not repair anything, thats because it's not officially sold yet.
thats one disadvantage buying from online store, where most of the products are imports.
kms
lostinvt said:
Is what you have AT&T branded or HTC branded?
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Mine is a AT&T Tilt. I bought it from AT&T last week. On the 2nd day, the screen cracked.
You'll need to go through AT&T for service (that's why you buy it from them). Perhaps they'll offer you a "refurbished" model in exchange...
Alternatively, if you purchased by a qualifying credit card, you might want to pursue a "purchase protection" route. This phone (like all PDA devices) is explicitly not covered by AT&T's insurance providers.
Don't shy away from a refurbished unit, they are so new, most likely you will get a new one. That's what happened with my 1st 8525 that failed in the first few weeks, I got a new one.
Maybe this helps: http://forum.xda-developers.com/showthread.php?t=337102
aaronwms said:
Mine is a AT&T Tilt. I bought it from AT&T last week. On the 2nd day, the screen cracked.
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Take it back to ATT -had issues with my 1st Tilt, and they replaced it-no problems. + it's on a 30-day, no questions asked return. They didn't give me a hassle at all.
goestoeleven said:
You'll need to go through AT&T for service (that's why you buy it from them). Perhaps they'll offer you a "refurbished" model in exchange...
Alternatively, if you purchased by a qualifying credit card, you might want to pursue a "purchase protection" route. This phone (like all PDA devices) is explicitly not covered by AT&T's insurance providers.
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Click to collapse
why do they offer insurance for $4.99 per month if they will not honor a phone replacement? I have the option to add insurance.
unless insurances has been purchased, i doubt at&t will even do anything, crack screen is not covered under any warranty.
kms
Fastkill said:
why do they offer insurance for $4.99 per month if they will not honor a phone replacement? I have the option to add insurance.
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AT&T explicitly told me in the store that there is NO insurance available for this phone, and I have a premier account, so unless you know something the rest of us don't, insurance is NOT available.
Yes, it's ridiculous that you can add the option to include the insurance, but if you try and make a claim, they'll tell you that all PDA's are excluded from the plan.
If you're already paying for insurance, call AT&T and demand a refund (they'll give it to you and confirm that PDA's aren't covered).
You might be able to add insurance but its up to the consumer to know what they are adding if they do it themselves. On the ATT Insurance page they explain the entire process and list a link for Ineligible Devices. Problem is most people click thru without learning what they are adding thinking they know.
Insurance Homepage
http://www.wireless.att.com/learn/basics/choosing-features-services/wireless-insurance.jsp
Ineligible Devices
http://www.wireless.att.com/learn/en_US/pdf/IneligibleEquipmentList.pdf
Mario_Nissan said:
Maybe this helps: http://forum.xda-developers.com/showthread.php?t=337102
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First of all, I took my Tilt back to AT&T, and they refused to swap me with a new or refubrished phone. They won't exchange any phone with physical demage (in my case, a crack screen) once I left the door the day I purchased the phone. Also, AT&T won't sent back the phone to HTC for me. I have to do it by myself. I bought the phone in Daly City, California AT&T store, they have lots of lousy people working there especially the assistant store manager, so erogant and bad attitude. For that, I have formally complainted him to customer service already.
Luckily, I purchased the phone with American Express card, and I can get purchase protection from AE. That's why I called HTC, and they said they are not providing any service for Tilt/Kaiser now. I was suggested to call back in two weeks checking the availability of the service.
Because of your thread, mario, I bought the LCD screen from Nicholas. The shipment is on its way. I followed your instructions in the thread, and unscrewed 4 screws at the back of the moving part, I dared not to go further because I cannot remove the case. Any technique you can share with me? I won't try again until I physically receive the shipment from Nicholas.
aaronwms said:
First of all, I took my Tilt back to AT&T, and they refused to swap me with a new or refubrished phone. They won't exchange any phone with physical demage (in my case, a crack screen) once I left the door the day I purchased the phone. Also, AT&T won't sent back the phone to HTC for me. I have to do it by myself. I bought the phone in Daly City, California AT&T store, they have lots of lousy people working there especially the assistant store manager, so erogant and bad attitude. For that, I have formally complainted him to customer service already.
Luckily, I purchased the phone with American Express card, and I can get purchase protection from AE. That's why I called HTC, and they said they are not providing any service for Tilt/Kaiser now. I was suggested to call back in two weeks checking the availability of the service.
Because of your thread, mario, I bought the LCD screen from Nicholas. The shipment is on its way. I followed your instructions in the thread, and unscrewed 4 screws at the back of the moving part, I dared not to go further because I cannot remove the case. Any technique you can share with me? I won't try again until I physically receive the shipment from Nicholas.
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Click to collapse
If you are still within your 30 days call AT&T customer service and explain to them that the screen has malfunctioned they will send you a replacement overnight. Definitely not greater than 2 business days. The same happed to me when I bought my 8525. It wasn't the screen it was the keyboard, but I was never charged. I took it into to two different at&t stores and was told something the same as you. I'd had the device about 1 week at the two week mark I called 800-331-0500. The gentleman took my information over the phone my replacement arrived the next business day. If you are outside of the 30 days, ask them to transfer you to warranty department. They will send you a refurb unit. I know this because they first tried to connect me to the warranty department to be shipped a refurb unit until I pointed out that I was within my first 30 of my contract.
The stores make there their money from hardware and accessories. The company makes it's money by keeping you as a customer.
Hope this helps
Why not skip the bastards at the store? Call up CS and chances are, if you keep a pretty good attitude, they'll hook you up with a replacement.
Calling repeatedly sure beats driving down and asking of them in person, especially if you know they're jerks to begin with. Over the phone, get a jerk, hang up and call again.
Last resort, thy pocket pc techs
http://www.pocketpctechs.com/main.asp?area=home
They do some repair work. Not sure if they are able to get parts for the Tytn II, but it seems they are at least fmailiar with things of this nature.
Yea... NO PDA INSURANCE through ATT !!
...that's probably the ONLY thing I miss after switching from Verizon! Vzn does at least honor PDAs on their insurance plans. If ATT had offered it, I would have bought the Tilt instead.
My two options were 1) the local (Chicago) store I bought my TyTN II from offered an extended mechanical warranty at the time of purchase for about $150/yr. They will replace it if anything goes wrong...but there are LOTS of exceptions and clauses in the warranty! 2) I could specifically add the TyTN II to my home owners insurance policy.
For me, this was the best option since it covers mechanical, theft, drops, kicks, splashes (etc) and it won't cost me anything but a small deductible unless/until I ever need to make a claim.
TEC
I too cracked the screen on my TyTN II. I do not have the Tilt version, but I am using it in the USA with AT&T service. I called HTC USA over a week ago and they told me they do service the TyTN II. They gave me an RMA and I shipped it to them last week. They should have received it Monday. I'll keep you posted if they are able to repair it. I also contacted PPC Techs who have the screen on order and are expecting to receive it by Nov 9th. I have used PPC Techs before. They charge a similar price to HTC, $169. They did a great job repairing my former Pocket Loox 720 screen. They had a great turnaround time. I overnighted it to them Monday and I had it back Wednesday.
bersca said:
I too cracked the screen on my TyTN II. I do not have the Tilt version, but I am using it in the USA with AT&T service. I called HTC USA over a week ago and they told me they do service the TyTN II. They gave me an RMA and I shipped it to them last week. They should have received it Monday. I'll keep you posted if they are able to repair it. I also contacted PPC Techs who have the screen on order and are expecting to receive it by Nov 9th. I have used PPC Techs before. They charge a similar price to HTC, $169. They did a great job repairing my former Pocket Loox 720 screen. They had a great turnaround time. I overnighted it to them Monday and I had it back Wednesday.
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Thanks for your advise.
I did call HTC a week ago, and, by then, they do repair Tilt/Kaiser/TyTN II. In fact, I was asked if I want to send my Tilt back to them. If yes, they can send me a RMA number. Due to the fact that I want to compare the repairing cost with local repair shop that I did not get the RMA number. I searched around the repair shops, and NONE of them is able to fix the Tilt for me (may be it is too new model.)
HOWEVER, I called yesterday, the message had been changed. Without getting any information from me, HTC told me that they are not able to provide any service on Tilt/Kaiser/TyTN II.
bersca, you are lucky that you get a RMA number. I do suggest you to keep tracking the status with HTC. I am afraid it may take very long for you to get back you phone. Good Luck!
What do you think? If Samsung is unable to repair the GPS via a future software update, would you just accept it, or would demand your money back?
I would demand my money back.
It's near useless for me as it is now.
Now I'm carrying two devices. My 3GS to continue using my TomTom, do my email, read my news. But I use the SGS for Internet on the go (at home I use my iPad). Hate carrying two devices having to make one a hotspot.
Here's a thought. Go ask your retailer. You are entitled to your money back if you aren't happy with the GPS. Have you even tried yet?
Sent from my wonderful GT-I9000 using Tapatalk
bushrat; said:
Here's a thought. Go ask your retailer. You are entitled to your money back if you aren't happy with the GPS. Have you even tried yet?
Sent from my wonderful GT-I9000 using Tapatalk
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Yes, I've tried. They want me to pay penalty for breaking the contract, and they would not accept the phone back. They would only replace it within 14 days with another new phone. After 14 days, they will only repair the phone, but not give me a new replacement. The Telco shop only acts as the middleman, and responsibility lies with Samsung to them.
Had I taken the $59 per month plan, then I could return it, no question asked within 7 days, and I only have to pay for any calls and data use. But I'm on the $49 per month plan because I wanted to commit myself to using Android by burning my own bridge. It's a mistake on hindsight. I didn't expect it to be so bad.
I feel that Samsung should work with the Telco to do exactly what Apple and ATT did, which is to allow people to back out of the contract without penalty, and have the phone returned. After all, this is a far far more seriously problem than in iPhone 4 in my mind at least.
The responsibility (under Australian law) is with the retailer, although they consult with a specialist (ie the manufacturer) to determine if there's a fault.
If the phone is faulty, and does not perform the task for which it was purchased you are entitled to a full refund of the purchase price.
www . accc . gov . au
Have faith that It will be fixed, since the phone is still in very early days.
I'm putting my trust in Samsung! Hopefully we won't get burned.
yea if you send it to the manufacturer they will 'try' to fix it, and its its hardware they obv cant anyway, then you just complain again once u get it back and im assuming they would have to give you your money back.
id just be patient and wait a few more weeks for samsung to release their firmware, or just use the JM2 which fixes it i think
Eaglesteve, surely you have consumer protection laws in Aus? The device is clearly not fit for purpose, therefore breaking the terms of your contract In the UK all major retailers will try to sell additional cover or insurance; although the consumer protection act makes them legally obligated to repair or replace electrical goods for up to 5 years after the date of purchase. My point; retailers rely heavily on consumer ignorance You didn't purchase the device directly from samsung, the store can't absolve responsibility by claiming to be a "middle man".. plus most sales assistants know jack **** about the legalities of your agreement.
Write a formal complaint to the retailers head office, send the letter via recorded delivery and state that you've been advised to provide a response period of 14 days before taking your complaint further. You don't want to look for a replacement, make it clear that it's a manufacturing fault and not specific to your device. There should be an AUS ombudsman that deals with consumer complaints (bit.ly/8Xl55G), find the correct governing body and lodge a formal complaint, they should provide a reference for your case; include it in the letter to the retailer. In the UK you would then be able to take your complaint to the small claims court, however most companies will **** bricks and fold before it reaches this stage. The bottom line is the device was sold to you for its GPS capabilities, the information provided by the retailer mislead you to into the agreement; you've signed up under false pretences, reason enough for the contract to be declared void
sensi_ said:
yea if you send it to the manufacturer they will 'try' to fix it, and its its hardware they obv cant anyway, then you just complain again once u get it back and im assuming they would have to give you your money back.
id just be patient and wait a few more weeks for samsung to release their firmware, or just use the JM2 which fixes it i think
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Im gonna flash to JM2 today, but Im getting a bit weary of the faith in Samsung.
Firstly, I'd point out that Samsung announced the phone in March. Three months perfecting the phone, and they still couldn't get the GPS sorted.
Another month later and with many firmware releases during that time, and still it doesn't look like its fixed. (though I haven't tried JM2 yet - in any event, the rumour is that it still doesn't fix onto more than 8 satellites despite seeing more, and it still doesn't lock onto anything with an SnR < 20)
Cya
Simon
yup, as far as samsung is concerned the device is already sold, they sell it on big bulks to retailers
it's the retailer duty to either give you the refund or not.
samsung will only accept RMA, or Warranty services
eaglesteve said:
I feel that Samsung should work with the Telco to do exactly what Apple and ATT did, which is to allow people to back out of the contract without penalty, and have the phone returned. After all, this is a far far more seriously problem than in iPhone 4 in my mind at least.
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IIRC (it's been a while since I bought the original iPhone), this isn't something new due to antenna gate and it's just Apple's spin machine doing what they do well. Contracts in the US telecom industry, not just on AT&T, are written in a way that this review period exists.
The only difference here is that there is a slight difference in restocking fees, where they wont be applied like they have at times in the past. This isn't really "Apple working with AT&T" as much as touting a possibility that typically exists, there are certain exceptions by carrier but one reason why AT&T isn't combating this is the same reason they were hesitant to accept Android phones, and they ultimately gimp Android phones, Apple is just $$$$ to them. Once again AT&T beat their quarterly record for profitability and they are the most profitable carrier in the US even though they are #2 in customers. Needless to say, they are at the whims of Apple, but this isn't a big compromise on either's behalf.
Amazing. So far, 1/3 of people are happy to accept faulty goods.
http://www.boygeniusreport.com/2010/07/18/samsung-captivate-now-available-from-att/
Some people here have returned it to AT&T, while I don't know it has been penalty free, I think you need to not put the onus on Samsung and need to have a better comparison in-mind.
sensi_ said:
yea if you send it to the manufacturer they will 'try' to fix it, and its its hardware they obv cant anyway, then you just complain again once u get it back and im assuming they would have to give you your money back.
id just be patient and wait a few more weeks for samsung to release their firmware, or just use the JM2 which fixes it i think
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Click to collapse
I'm waiting for my replacement now. If the GPS still doesn't work, I might do that. As for JM2, I don't believe it do anything based on whatever limited reading I did on some of those threads.
sjdean said:
Amazing. So far, 1/3 of people are happy to accept faulty goods.
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I guess there's two main to three main things that could be at play here:
1) GPS isn't important to these people, therefore they are voting on their bias rather than from an objective viewpoint
2) GPS isn't a core functionality, therefore it's hard to say it justifies a return or that it is "faulty" as you put it
3) GPS is imprecise by nature, so users who have a strong need for it should be more informed about their purchase and the onus is on them to do their hw or lay in the bed they've made.
I am abstaining because I find the premise somewhat flawed, first of all. I think retailers and/or carriers are responsible, just like in other industries/product lines. If I buy a wireless router that doesn't perform well in, let's say it's wired performance I don't go direct to the manufacturer there. If I buy a camera that advertises 12MP but seems to produce ****ty results, I again, go to my retailer. In here, I also have a slight bias, originally being in the U.S. where we typically buy are phones through a carrier who give us a bit of extra protection because of the way contracts are set up they don't want to lose a customer totally (also part of the premise of the argument is based on a carrier logic that I don't think is applicable in this thread, but that might just be my opinion and I'm alone there).
So, I think the premise is flawed, and perhaps my logic is flawed, but I don't want to just vote "no" just because if either is flawed. However, I don't disagree with the "no" camp.
Lots of good advice from many of you. I'll have to talk to them if mynnext unit does not work. I hope it will work, since half the people polled claim that theirs are perfect.
If it does not work, I'll reason with Optus to get bout of the contract. I wonder how much of the $49 is for the phone and how much is for the data and calls. Should I simply withhold my payment, return the ozone, and pay them for actual calls and data used?
sjdean said:
Amazing. So far, 1/3 of people are happy to accept faulty goods.
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Click to collapse
Yeah that's just the Samsung reps voting.
eaglesteve said:
Lots of good advice from many of you. I'll have to talk to them if mynnext unit does not work. I hope it will work, since half the people polled claim that theirs are perfect.
If it does not work, I'll reason with Optus to get bout of the contract. I wonder how much of the $49 is for the phone and how much is for the data and calls. Should I simply withhold my payment, return the ozone, and pay them for actual calls and data used?
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Click to collapse
Depends on how much you paid for the phone. 24 month contract? Tmo is selling their, slightly gimped model for $500 USD, I think that's on the high end of what they might get from international suppliers, depending on how big they are even though the international version is more costly.
So, ~500USD/24~20USD/month, maybe less, if fully subsidized. Forgive me for cutting corners and not looking into your location specifically, but I figure it's better than looking for the absolute cheapest UK/Euro/Thailand location.
There is no upfront cost for the phone. Just 24 months x $49. I had offered to continue with the plan but with an alternative phone and topping up the difference in monthly fee) but they refused that.
I'm not 100% sure if this is the correct thread, however given the nature that it is relevant to the general discussion of the Nexus 5 I'm going to post it in here anyway.
Do not shop at Carphone Warehouse UK
So I bought my Nexus 5 on release day from the Carphone Warehouse. I paid £295. When I got it home to my annoyance it wouldn't charge, no matter what I did it would not charge. I'm pretty experienced with phones and could tell it was a hardware error. I use my phone primarily for business, so being without a phone is completely a no-go for me. I took my Nexus 5 back to Carphone Warehouse on the assumption that they would just do a straight swap, however no they didn't have any stock in.. which is where my trouble started.
They offered me an alternative phone, they recommended the LG G2 as it only had a price difference of £150 and for some stupid reason, I went for it. The device I received was in an OPEN BOX (my mistake, I admit) that has had promotional stickers ripped off, however the phone inside was sealed, and so I assumed there was no issue. Got the phone home, start using it and discover that the phone is getting hot and crashing, this is as soon as I've got it out of the box.. so it's not like I've done anything to it or used it too much.
Anyway took it back to Carphone Warehouse the following day. By this point I was quite annoyed because the store that I purchased it from is a 60.8 Mile round trip. Due to my working hours I can't go to my local one, which closes at 5PM. The store I got the G2 from closes at 8PM, making it the only store I can get to that is open. I took the phone in and spoke to a lady on the Checkout about the issue and she said that an exchange was no problem and that more importantly, they had the Nexus 5 in stock. We initiated the exchange when she checked the IMEI. At this point she said she needed to speak to her manager. After around 5 minutes of waiting and her taking my phone in the back with her, she comes back and says to me 'I'm sorry Sir, we cannot exchange this phone as YOU have taken this phone and swapped it for an identical one with a different IMEI number. Our system shows you should have a different phone'
Quite astounded at what she had told me, I explained to her that I had only just purchased the phone the previous morning. She wouldn't have any of it and sent me away with an 0845 number to call to make a complaint. On the way home I called into another Carphone Warehouse store. I spoke to a lady who called Customer Services on behalf of me to find out how this issue could have occurred. To put it plain and simple, the IMEI on the box of the phone was the same as the one on the system, but the phone I had had an alien IMEI. After she spoke to Customer Services the lady told me that unfortunately they couldn't do anything from their store because, get this, the phone I had was being sent off for a repair. I would have to take it back to the original store, the same store that just fobbed me off, in order to get it exchanged. And this was head office that told me this!
The following day I spoke to customer services myself. I rung up and lodged a complaint because I believe the fact that I was accused of committing fraud but am also expected to drive 60 Miles to resolve a problem is disgusting. I spoke to a lady called Amy who "promised" me she would get to the bottom of this for me and resolve it. She told me that she could see from notes put on the account (presumably from the previous days call to cs) that the phone was a repair handset. She then spoke to the repairs team who confirmed they were waiting for the handset to arrive. She told me that she wouldn't be able to resolve the issue until she had spoken to the store I originally bought the handset from. She then "promised" to call me back as soon as she had spoken to them, or by 5PM the same day.
For records, this was on the 6th November.
5PM came, and no call. Because she called me on an 0800 number and wouldn't give me a number to contact her on, I was unable to call her myself. However the following morning (7th November) she called me and told me that she had still been unable to get in contact with the store in question and that she would definitely have this fixed for me by the evening and that she would call me back by 5PM. Well 5PM came and went, and there was no call. By this point I was extremely annoyed. The following morning there was no call either, so I called CPW on my mobile (which has charged me) and requested to speak to Amy. By this point it was on the third day of being without a working handset and nobody had really acknowledged there was an issue, or done anything to solve it. I actually managed to get put through to Amy who told me that she had still not been able to get through to the store, but that her manager was in in 20 minutes and she would call me back with a resolution to the issue. I asked her if she would 100% call me back, and she promised she would. 24 hours passed and no call.
So by this point I've been without a handset for 4 days, been sold a second hand one, promised that I will have a call from customer services to resolve it but haven't, and been accused of fraud. Getting quite angry at this point.
I allowed a few days to go by to see if Amy would get in contact with me, however by Monday 11th November she still hadn't. We took the phone to the Trafford Centre store which is still a good 25 miles away. We spoke to a very helpful gentleman in the Carphone Warehouse store who went to a lot of trouble for me. He spoke to head office who reiterated the fact that the phone was a repair handset and advised the gentleman to call the store I bought the phone from. He called the store and spoke to the manager. He confirmed that the IMEI on the box of the phone I had was in store, and that there had been a bit of a mess up and he was unsure of how it had happened. I was then told that unfortunately due to the circumstances of the issue I would have to drive to the other store, a further 10 miles, to initiate the exchange OR refund.
So finally just under a week of being without a phone and driving from my house to Manchester every other day the issue was resolved and I would be able to go back to a Nexus 5 or get a refund. Hell, wasn't I wrong.
On arrival at the store we spoke to the manager who told us we had two options, either swap the LG G2 for another LG G2, or get a cheaper handset. He couldn't offer us a refund because he would have to speak to customer services who were closed, and he wasn't prepared to knock the difference off a HTC One (£50) due to all the problems we had had. Furthermore the sim-free price of a Nexus 5 at Carphone is now £495, however they are not selling them sim-free at the moment! I was then told that I could have a refund, but I would have to come back the following day!! All this after driving probably in excess of 200 miles.
I felt backed into a corner and didn't really have a choice but to accept the G2. As I said earlier I need a handset for work and it's not an option for me to be without one.
I then spoke to the complaints department of Carphone Warehouse once again yesterday. I explained everything that I have just said in this post, and their reply:
"We do not offer refunds on any sim-free products, and the manager was wrong to tell you that we do. Because you accepted the G2 there is nothing we can do for you. You chose to drive there on your free will. Would you like me to raise your complaint against the store?"
:good: Not happy.
Carphone Warehouse's Policy
If something's not working properly, here's what to do
Pop into any Carphone Warehouse store with:
your product
all the accessories that came with it (including any free gifts)
Preferably its original packaging
proof of purchase
We'll take a look at it, and if we can't fix it there and then, you'll be eligible for a return, exchange or repair. You can find out more about our repairs service on our repairs page.
Lots of common phone problems can be fixed with a simple software update, which you can do yourself. Check out our page and see how.
So now I really do not know what to do. I have been left with a phone that I do not want and am considerably out of pocket due to fuel costs of driving to get the issue resolved. Help?
Never get upset with them, for starters. It's difficult, I know from extensive experience, but their hands are tied to within their policies and they won't want to help if you tell them off like they probably deserve.
This is how I've played these games and won countless times.
Politely calmly ask:
"So, there is nothing you can do?"
"No, I'm sorry sir, there isn't"
"What is your employee ID#, who is your superior, and how do I contact them? I'd like to pass on a good work for your efforts"
Rinse, repeat. Insist to pass to a superior. They'll tell you nobody can help. Tell them you feel like you deserve to hear it from their boss.
I once had a vp with Sprint (verified that they really were via background checks: on the phone with me to resolve an issue by asking "Well, if you can't help me, someone can approve this. Who can?"
Just keep climbing the ladder.
-No longer accidental, just Jeremy. F.cfb
[Guide] Headphone/Earphone Buying
That story has put me off buying from CPW for life. Thanks for sharing how they see fit to treat a customer who has spent hundreds of pounds in their store.
Sent from my Nexus 5 using Tapatalk
setspeed said:
That story has put me off buying from CPW for life. Thanks for sharing how they see fit to treat a customer who has spent hundreds of pounds in their store.
Sent from my Nexus 5 using Tapatalk
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Click to collapse
I don't blame you, going to try my luck again later with their complaints department. I will update the thread. I think a lot of it depends on who you speak to as well, it's not necessarily speaking to a manager that matters, it's speaking to someone that can relate to your experience.
Good luck, I hope you end up with a decent resolution, but I fear that even if you were to get the phone you want, all the extra money you gave them and spent on petrol is lost. I really wanted an N5 on release day and I even went to my local CPW to take a look at them - thank God they weren't selling the 32GB because I would've bought it there and then. It might've taken a few days longer from Google, but at least I know they won't jerk me around if I have to return it (I returned my N4 last year because I didn't like it enough to keep it over my S3, no issues with refund at all).
Sent from my Nexus 5 using Tapatalk
I mentioned managers because sometimes the person you're speaking to doesn't have the power to make that decision on your behalf, and must go by policy. Someone in the chain, however, can choose to bypass policy. Talk to them if you don't get what you want (as long as it's realistic).
-No longer accidental, just Jeremy. F.cfb
[Guide] Headphone/Earphone Buying
jRi0T68 said:
I mentioned managers because sometimes the person you're speaking to doesn't have the power to make that decision on your behalf, and must go by policy. Someone in the chain, however, can choose to bypass policy. Talk to them if you don't get what you want (as long as it's realistic).
-No longer accidental, just Jeremy. F.cfb
[Guide] Headphone/Earphone Buying
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Click to collapse
Oh no I completely agree with you there! Sorry I meant you multi-quote. I mean the gateway though, I believe a realistic demand is to have the Nexus 5 for £295 and a refund of £150 which I paid the difference on for my LG G2. This is fair, right?
I'd get yourself to citizens advice just to get something in writing and report them to trading standards - they're spinning you a line. No refunds on Sim Free?? Any product sold by a retailer in the UK is subject to the Sale of Goods act. You can return an item for a full refund if it's not as described, of satisfactory quality or fit for purpose. The rules don't just stop there but they're the basics
If you fancy a read and have some time: http://www.legislation.gov.uk/ukpga/1979/54
Edit - forgot to add, you're entitled to a full "cash" refund too, you don't have to accept store credit..
Cactus42 said:
I'd get yourself to citizens advice just to get something in writing and report them to trading standards - they're spinning you a line. No refunds on Sim Free?? Any product sold by a retailer in the UK is subject to the Sale of Goods act. You can return an item for a full refund if it's not as described, of satisfactory quality or fit for purpose. The rules don't just stop there but they're the basics
If you fancy a read and have some time: http://www.legislation.gov.uk/ukpga/1979/54
Edit - forgot to add, you're entitled to a full "cash" refund too, you don't have to accept store credit..
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Click to collapse
Good advice here. I would also get the credit card company involved.
You did pay by credit card didn't you? If not, silly billy.
This is a good way of dragging someone else into the fray on your side and applying pressure on recalcitrant suppliers.
I got my N5 from CPW and i'm on my 3rd handset (which is no fault of CPW).
Each time i've taken it back they've been helpful and each time they've given me a new handset they've pulled the outer sleeve off to show it's a new and factory sealed box...
I suppose the service you get depends on which store you go to :/
Also i have to ask...
You got a sim free phone meaning you would have already had another working phone/sim?
Why didnt you just wait for the nexus 5 to get back into stock again? :/
Also looking at your sig...
Why didnt you stick with the Z1?
I'm not defending CPW as the issue you're having is tragic.
But at the same time you made numerous mistakes yourself and undoubtedly made things harder..for yourself.
The first being not waiting for the N5 to get back in stock again from that specific retailer or asking them to find a store where it was in stock and doing an exchange there.
The second, getting a phone you did NOT want and paying an EXTRA £150 for it. You do acknowledge this was an open box and you were still in a position to run the risk that it did not behave as intended. Which unfortunately it did.
Glad you got that IMEI stuff fixed, that was BS on their part. Handy Gentleman at trafford to the rescue! Oh yeah, Thirdly, you were wasting your time with Amy, She was clearly incompetent at her job, producing no results every time you waited for her and continued to wait for her again.
Driving up and down in excess of xx miles is another issue when you could have made the alternative and smarter decision of calling the individual store up. Each CPW store has a different phone number which you can find on the website. Only till you're guaranteed that you can have an exchange or whatever you had desired, you could have popped in. Had that particular store failed to assist you, you wouldn't have to drive back achieving nothing but wasted petrol.
Oh yeah, when you finally spoke to the manager, you conceded and accepted another LG G2, may I reiterate, as you said. A phone you did NOT want. So customer Service was closed but you still had the opportunity for a full refund. Again, why not wait till it was open. [I get it, driving issues but that shouldn't stop you if it causes more 'driving issues' later]
The issue is, you don't wait for things and you take the easiest most convenient option at the time but at the end of the day it's the one you don't like, so you wish-wash out of it and things become more complicated.
The IMEI was unfortunate and yes, incredibly annoying. But that got resolved. The faulty handset is by no means the direct fault of CPW. And you did have a choice in regards to accepting the G2, I really don't see how you're playing the victim card in this aspect with that. In terms of work, you could have used a temp phone in the mean time, nothing fancy, an old nokia could have done the job if you need to make calls. You already had a sim if I'm correct. I figure the refund for the Nexus 5 was not an option the moment you opted for the G2 as that phone supersedes the N5 in terms of pricing. I figure what you want now is a refund for the LG G2 and the Nexus 5 at the £295 pricepoint from CPW that it once had? I don't think that's a realistic expectation anymore mate. At best just accept the refund for the LG G2. The N5 window is gone.
An alternative If you still want the Nexus 5 would be selling your LG G2, boxed and unopen, I hope and buying a N5 at the play store.
Edit-
jaaystott said:
I believe a realistic demand is to have the Nexus 5 for £295 and a refund of £150 which I paid the difference on for my LG G2. This is fair, right?
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Click to collapse
No, it isn't a realistic demand because once you bought the LG G2, that became a stand alone product independent from any attachment with the N5. Quite simply you have you're head attached to the idea that the Nexus 5 is your main phone from CPW and that the LG G2 is a temp / secondary / repair or whatever. Once you chose the G2, you made your bed, that's where all the concern now lies.
bleets said:
I got my N5 from CPW and i'm on my 3rd handset (which is no fault of CPW).
Each time i've taken it back they've been helpful and each time they've given me a new handset they've pulled the outer sleeve off to show it's a new and factory sealed box...
Click to expand...
Click to collapse
Also, this is a clear example that the CPW system does not fail with returns. Ahhhhhhhhh Now I'm contradicting the first sentence in this post. But the problem does not lie with them completely as you make it out.
Well, kind of...
My s9+ died on Christmas eve (gutted), so in boxing day I took myself to the Vodafone store and got myself a nice shiny new S10+... or do i thought.
First they bought out a new phone sealed in the box. Scanned it through and told me it was already reserved for someone else. No problem, they had "plenty in stock".
This tone he bought out an unsealed Vodafone box. Very defensively, without ne asking, he declared, "don't worry, this box is because some official Samsung boxes get damaged in transit. We move the contents to this box, so it's still the full brand new product". I'm fine with this and sounds ok.
I luckily opened the box to put my sim and sd in to it. I find that the earphones are missing... odd. I then inspect there phone and find there is a huge gap down the side of the screen and the metal, with glue showing... this is clearly NOT a new phone.
I point this out to the guy and he initially said he had processed it, so I'd have to make a claim. Then I pointed out that I have a 2 week cooling off period, and also, if they want ne to leave the side without causing a fuss, they had better get me my proper new phone.
Luckily they did just that. Opened it up and it was a totally different story. Phone had the screen protector on it, all items in there. It was then clear that phones in the Vodafone boxes must be damaged returns and NOT brand new phones transferred to other boxes.
Just a heads up to anyone else who might fall for this trap. If they bring out your ne phone in anything other than a perfectly sealed Samsung box, don't accept it!
riso123 said:
Well, kind of...
My s9+ died on Christmas eve (gutted), so in boxing day I took myself to the Vodafone store and got myself a nice shiny new S10+... or do i thought.
First they bought out a new phone sealed in the box. Scanned it through and told me it was already reserved for someone else. No problem, they had "plenty in stock".
This tone he bought out an unsealed Vodafone box. Very defensively, without ne asking, he declared, "don't worry, this box is because some official Samsung boxes get damaged in transit. We move the contents to this box, so it's still the full brand new product". I'm fine with this and sounds ok.
I luckily opened the box to put my sim and sd in to it. I find that the earphones are missing... odd. I then inspect there phone and find there is a huge gap down the side of the screen and the metal, with glue showing... this is clearly NOT a new phone.
I point this out to the guy and he initially said he had processed it, so I'd have to make a claim. Then I pointed out that I have a 2 week cooling off period, and also, if they want ne to leave the side without causing a fuss, they had better get me my proper new phone.
Luckily they did just that. Opened it up and it was a totally different story. Phone had the screen protector on it, all items in there. It was then clear that phones in the Vodafone boxes must be damaged returns and NOT brand new phones transferred to other boxes.
Just a heads up to anyone else who might fall for this trap. If they bring out your ne phone in anything other than a perfectly sealed Samsung box, don't accept it!
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Click to collapse
maybe wanna rename the title of the thread as it seems to imply that Vodafone themselves are behind this scam vs an individual retailer
That's the individual retailer doing that
Sent from my SM-G975F using Tapatalk
You think is just that one store?
I guess it's possible. Then again, my wife took out a new contract with Vodafone late last year. She saw the phone she wanted in store and stated several times that's the one she wants, to remarks of, "good choice" etc.
She took out the contract being led to believe the phone was included. Once all the signatures where completed we sat there waiting for the phone. The agent then told us, it doesn't include the phone and they don't have any in stock, so we'd would have to purchase the phone individually else where.
Although we had the cooling off period, we had already processed the number transfer with the agent there, so it would be messy to back out.
It seems they are all a little underhand everywhere! This was a different store in a city 2 hours away from where I had my experience.
My girlfriend took SIM contract from vodafone. And before she sign contract asked how about network coverage. Agent said it is perfect 4G speed is aprox 40Mb/s. So next day she put sim in phone to try. Ok sim card is activated. But coverage is ****, network speed is crap. Fastest what she got 0.78Mb/s download and upload 0.12Mb/s. To use Whatsapp for calls most been impossible. Ok she lived one week with that sim. Contacted vodafone and CS said we have network issue in your area etc. Nothing changed. After all she went to vodafone store to cancel and that was mess. In store guy spend more than one hour with CS / about 8 times transfered to different department, third CS service cancelled contract and wasn't able to give PAC code to keep number and finally story doesn't ends here. Vodafone for less the 7 days charge her £15. Ofcorse after two month of fighting vodafone refunded £11 from £15. Now she is with EE and no prob at all.
Sent from my SM-N976B using Tapatalk
Nettwerk said:
My girlfriend took SIM contract from vodafone. And before she sign contract asked how about network coverage. Agent said it is perfect 4G speed is aprox 40Mb/s. So next day she put sim in phone to try. Ok sim card is activated. But coverage is ****, network speed is crap. Fastest what she got 0.78Mb/s download and upload 0.12Mb/s. To use Whatsapp for calls most been impossible. Ok she lived one week with that sim. Contacted vodafone and CS said we have network issue in your area etc. Nothing changed. After all she went to vodafone store to cancel and that was mess. In store guy spend more than one hour with CS / about 8 times transfered to different department, third CS service cancelled contract and wasn't able to give PAC code to keep number and finally story doesn't ends here. Vodafone for less the 7 days charge her £15. Ofcorse after two month of fighting vodafone refunded £11 from £15. Now she is with EE and no prob at all.
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To be fair, thay just sounds like bad luck with an outage in the area, but I do agree, most suppliers ate difficult to cancel with.
riso123 said:
To be fair, thay just sounds like bad luck with an outage in the area, but I do agree, most suppliers ate difficult to cancel with.
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Sales involving contracts are a nightmare for retailers to handle returns on, mainly because of obstacles in the way because the seller doesnt have much interest in taking customers out of the contract. The vendor blames the service provider and vice versa. In situations like these, its 99.99999999% likely that the retailer had a rash of returns or maybe even bought a damaged freight shipment on purpose to maximize profits and are having to cover their butts when issues are brought up. Sketchy retail practices to say the absolute least, but still not likely Vodafones doing