Orange refusing to take back faulty kit...

manveruppd · 14 May 2006 at 19:39

I recently upgraded my phone to an M5000, and I'm having serious trouble with the included earphones: the volume when using them is ridiculously low (and yes, I'm sure I turned it up all the way both on the phone and on the volume control on the earphones themselves), and touching the headphone jack even slightly interrupts the connection between the phone and the headset and you have to jiggle it around to get it working again.
Now, Orange are giving me the standard "we only support the phone, not the accessories" line, which, incidentally, I question the legality of, as the inclusion of the hands free kit was advertised under the phone's entry on their website and so it would count as having been bought as part of the phone package. In any case, even if they're legally allowed to say they don't guarantee the headset, that's not the same as not being responsible if it was faulty on delivery as was the case here.
In any case, they acknowledged that this might be a problem with the phone and not the headphones, and that they therefore may be liable regardless, so they asked me to go into an Orange store and ask them to test it for me with a different pair of headphones. Having tried this, I was told by the manager of one of my local stores that the only 'phones that fit the M5000 are the ones included in it and not a single store in Leeds has any M5000s in stock and they're not expecting any more as the M5000 is apparently being discontinued. So we can't even determine whether it's the headset or the phone which is at fault.
Are Orange within their rights to take this "we don't support accessories" stand, even when the items were delivered faulty rather than developing a fault? Should I push to have the headset (or the entire phone) replaced, or should I concede defeat and return it under the Distance Selling Act? It's still within the 7 days so I can cancel the upgrade (and contract renewal) completely and threaten to switch to T-Mobile (which might work even if Orange are perfectly within their rights in refusing to support me

), but I'd like to know where I stand legally before I call them back.
Any opinions on my situation?

spirit · 14 May 2006 at 20:35

manveruppd said:
I recently upgraded my phone to an M5000, and I'm having serious trouble with the included earphones: the volume when using them is ridiculously low (and yes, I'm sure I turned it up all the way both on the phone and on the volume control on the earphones themselves), and touching the headphone jack even slightly interrupts the connection between the phone and the headset and you have to jiggle it around to get it working again.
Now, Orange are giving me the standard "we only support the phone, not the accessories" line, which, incidentally, I question the legality of, as the inclusion of the hands free kit was advertised under the phone's entry on their website and so it would count as having been bought as part of the phone package. In any case, even if they're legally allowed to say they don't guarantee the headset, that's not the same as not being responsible if it was faulty on delivery as was the case here.
In any case, they acknowledged that this might be a problem with the phone and not the headphones, and that they therefore may be liable regardless, so they asked me to go into an Orange store and ask them to test it for me with a different pair of headphones. Having tried this, I was told by the manager of one of my local stores that the only 'phones that fit the M5000 are the ones included in it and not a single store in Leeds has any M5000s in stock and they're not expecting any more as the M5000 is apparently being discontinued. So we can't even determine whether it's the headset or the phone which is at fault.
Are Orange within their rights to take this "we don't support accessories" stand, even when the items were delivered faulty rather than developing a fault? Should I push to have the headset (or the entire phone) replaced, or should I concede defeat and return it under the Distance Selling Act? It's still within the 7 days so I can cancel the upgrade (and contract renewal) completely and threaten to switch to T-Mobile (which might work even if Orange are perfectly within their rights in refusing to support me), but I'd like to know where I stand legally before I call them back.
Any opinions on my situation?

call them back, hope you don't get a muppet on the line. If they refuse either:

a] say you want to cancel your upgrade and you are going to either:
i) switch to another network (quote tmobile people are leaving in their droves to them and they hate it)
ii) keep your contract and upgrade again (gets around their lack of support

)

b] make up some crazy bs and get them to be empathic.
c] complain like hell and say it was bundled, therefore your responsibility, and if they don't say yes - say that you want to speak to their manager.

hope that works. Orange are usually good btw, but they seem to have been losing it in last year or so.

manveruppd · 14 May 2006 at 21:21

I know, I'm slowly getting disillusioned with them, although occasionally they still impress me, such as when they delivered my new phone the very morning after I upgraded, even though I got off the phone with them at 6.30 at night! :eek:

I'm sure I can get them to listen if I threaten to leave, the thing is though I'd really like to know where I stand in terms of my rights as a consumer: this "we don't support accessories" policy of theirs isn't new, but it still feels dodgy to me. Obviously I'll still play the threaten-to-leave card if they don't cave in rather than get into a wrangle involving fair trading etc as that could take months, but I'd like to know what the reality of the legal situation is.

Immsy · 14 May 2006 at 21:43

Under the sale of goods act id say they are required to replace it. Same issues with the xbox 360's recently when shops are insisting that microsoft sorts the issue out when infact you are legally entitled to a refund/replacement from the place or purchase.

manveruppd · 15 May 2006 at 12:35

Well, I called them back today, got a methadone-fuelled ignoramus who couldn't understand the difference between an item developing a fault and being delivered faulty so he kept repeating "we don't guarantee headsets". Eventually I got annoyed and said fine I'll cancel the upgrade and go with T-Mobile then, and, to my shock, he said "Fine, do it!" :eek:

After that I managed to get him to transfer me to his supervisor, who sounded sincerely apologetic, and I had fun for 10' listening to him grovel for forgiveness as I explained to him how offended I was by the aforementioned operator's manner, and how hurt I would have been if some random methadone-monkey were to have been the cause of destroying my 6-years' relationship with Orange and driving me into the waiting arms of another operator...

I should've thought to take the chance to blag a free 2GB SD card off him, but I was having way too much fun

csmager · 15 May 2006 at 13:01

Orange have usually impressed me... but they're being real cretins at the moment.

I upgraded my contract and got a new phone (which I didn't really want, but they made me take it!). As the phone was forced on me, I made a snap decision. I then changed my mind, so I wanted to send the phone back and exchange it. I rang, they said they'd send me a jiffy bag.

That was on Good Friday. I rang 2 weeks ago to ask where the hell it was, and they said they'd chase it up and/or re-send it. Still hasn't arrived.

Not only that, I was told the upgrade would be free. Low and behold, I get a bill for £240 - £150 of which was an upgrade fee. I said to the same woman that I was told it was free, and she said she'd email the person who did my upgrade and they'd ring me back soon. That was also two weeks ago.

Still... it might eventually get sorted when I have to call back for the third time and try again!

manveruppd · 15 May 2006 at 14:45

I'd say send a letter/email saying you'll cancel your direct debit unless you get your phone exchanged and your upgrade fee refunded within 3 days.

And btw, the guy who talked to me told me that I would give the old phone to the courier delivering the replacement so you should ask for the same thing: no sending you the jiffy bag, sending it, and then waiting for them to send you a replacement.