HTC M8 Vodafone - delivered 19 days ago is faulty [#7560036***Resolved***

[danielle.22]

I upgraded with Vodafone on the 9th of July and my phone was delivered on the 10th.

 

However, just 19 days later my phone has a hardware problem as confirmed by HTC

who I have been on contact with this morning to see if there was anything I could do to resolve the issue.

 

Vodafone's website says that I would not be entitled to a brand new phone as my phone is more than 14 days old

but I don't think this is fair at all.

 

From what I can see, other people have had this problem overcome on this forum and I am seeking some help to achieve the same.

I haven't even paid my first bill yet and the phone is broken.

 

Please could someone help me resolve this?

[rebel11]

Hi danielle22

 

I agree that it should be replaced with a new phone.

 

We here at CAG have a very successful vodafone Rep operating here

 

 

We advise you to follow this method to alert them to your thread:

 

 

To get this looked into further could we please you ask you to email HERE with the details quoting the code WRT135 - CAG Forum in the subject line

 

 

Once sent you'll receive an automated reply with a reference number.

 

 

To ensure that it reaches Lee could you update the thread with this and he'll get back to you as soon as he can.

 

CAG

 

DX SITETEAM

 

Let us know what happens and how it is resolved.

[danielle.22]

Hi

 

Thanks for the info

 

Here is the reference number: Re: WRT135 - CAG Forum [#7560036]

 

Thanks!

[BankFodder]

Just to be clear, Vodafone's 14 day rule is a rule which is calculated to deprive you of your statutory rights. You do not need to accept any compromises although Vodafone will probably make life very difficult for you until they finally give in.

 

Keep in close contact with this forum and let us know what happens – and particularly let us know what problems Vodafone causes for you.

 

Start of by putting all in writing including the opinion from HTC that you are dealing with a hardware problem. Send it to Vodafone.

 

If you deal with Vodafone on the telephone, then record your calls. You will be amazed at the energy and money that Vodafone prepared to put in to deny you your rights rather than settling for the decent, lawful and customer-facing solution for which as a Vodafone customer you are paying.

 

Although the Vodafone representative may be along to help you, the moment begin making your complaint as if there was no other assistance and see what happens.

[rebel11]

Hi danielle

 

All your dealing should be with Vodafone, so don't let them pass the buck.

 

Here's a template, amend it, state that you will only accept a replacement if it is new, send it Recorded Delivery.

 

http://www.which.co.uk/consumer-rights/action/letter-to-complain-about-a-faulty-mobile-phone-

 

http://www.which.co.uk/consumer-rights/regulation/sale-of-goods-act

[jacktheband]

All good supportive advice here. However, in balance to these views given already it is worth pointing out that when it comes to faulty goods, Vodafone wouldn't necessarily be depriving a customer of their statutory rights by not providing a brand new replacement phone after 19 days.

 

SOGA states that: Customers are entitled to reject goods if they are faulty and receive a full refund if they have not yet accepted the goods. Before a customer is believed to have accepted the goods they have purchased, the law allows customers a reasonable opportunity to inspect or examine the goods and this should take place within a reasonable time.

 

This is where the disagreements will stem from. What defines a 'reasonable time'? Vodafone (and most other mobile networks i believe) define this as 14 days. This is a two week period to inspect the goods to either accept or reject them, which to me seems like more than ample time (although, obviously open to interpretation). Vodafone would still be bound under SOGA to provide a resolution, although this would most likely be for repair which would still be all within their obligations.

[rebel11]

Hi Jack

 

http://webarchive.nationalarchives.gov.uk/+/http://berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html

 

All good supportive advice here. However, in balance to these views given already it is worth pointing out that when it comes to faulty goods, Vodafone wouldn't necessarily be depriving a customer of their statutory rights by not providing a brand new replacement phone after 19 days.

 

SOGA states that: Customers are entitled to reject goods if they are faulty and receive a full refund if they have not yet accepted the goods. Before a customer is believed to have accepted the goods they have purchased, the law allows customers a reasonable opportunity to inspect or examine the goods and this should take place within a reasonable time.

 

This is where the disagreements will stem from. What defines a 'reasonable time'? Vodafone (and most other mobile networks i believe) define this as 14 days. This is a two week period to inspect the goods to either accept or reject them, which to me seems like more than ample time (although, obviously open to interpretation). Vodafone would still be bound under SOGA to provide a resolution, although this would most likely be for repair which would still be all within their obligations.

[danielle.22]

RESOLVED!

No idea how this has worked out so quickly.

 

I obviously sent the email with the reference to this website - perhaps that flags up on my account.

 

I used Vodafone's online chat service and made it clear from the outset what my issue was a

nd that I would not be accepting a repair, quality assured handset or nearly new handset.

 

I had 50 minutes of her "checking things" and speaking to people and not giving anything away

before she asked if she could connect me with the returns team.

 

They called my landline and despite being prepared for a battle,

the guy offered me a new handset exchange straight away. It is due on Thursday.

 

I have no idea why I didn't get batted down with the 14 day thing but something worked!

 

So thanks for all your advice but this one seems to be resolved.

[rebel11]

Hi danille22

 

Can you update when the phone is actually in your hand, not that I'm doubting Vodafone. I'll mark it as resolved for the time being.

 

Well Done.

[danielle.22]

I sure can - I'll be back on Thursday (hopefully happy)!

[danielle.22]

Hi all.

 

Phone in hand - brand new. Very happy.

 

Thanks for your help!

 

Danielle

[rebel11]

Excellent, Vodafone kept their promise.

[Lee Vodafone Company Rep]

Hi Danielle,

 

Thanks for updating the thread to confirm that your case is now resolved.

 

Kind regards,

 

Lee

 

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