Orange upgrade hoo-ha

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My girlfriend recently got an 'upgrade' on her Orange contract, done through a third party (she's already got plenty of stick from me, so save it for another thread). The upgrade phone developed a charging fault after ~3 weeks so she sent it back. By the time it was received and all sorted by the third party, Orange have said the 28 day return period has passed and refuse to allow another upgrade to be issued to replace the faulty phone. The third party don't want to know, unless it comes from the gospel of Orange. The two companies seem reluctant to speak to each other.

We spoke to the local Orange shop today and they seemed all too happy to give her a new phone (they mentioned that she was in upgrade band 5!1!!1, whatever that means) once the mess had been resolved.

Before I go writing a nice letter to Orange and the third party, is this common practice? I can't see that sending a faulty phone back, even outside of a period dictated by the Sale of Goods Act, can effectively be ignored, can it?

In case any of you are still in any doubt about third parties offering 'upgrades', let this be a lesson to you.
 
You're right in that the sales of goods act can't be ignored, however it's nothing to do with Orange in this case, the responsibilities under the sales of goods act always belong to the retailer, not the network provider.

The retailer (in this case the third party dealer) is responsible for fulfilling obligations under the SOGA, and must facilitate repair one way or another (even if that's just helping you get the phone sent to the manufacturer for repair under the warranty)

However, in this case, what's actually gone on and what should happen will depend on what you have done.

You say you returned the phone as it was faulty? Was this diagnosed by Orange over the phone? In order for the third party to arrange a 28 day exchange or cancellation they would need a fault code from Orange (with the diagnostic saved on the account) in order for the exchange to be approved. If you simply decided it was faulty and put it in the post back to the third party dealer, then Orange will decline the return because the correct process has not been followed.

Was the phone diagnosed faulty by Orange?
 
Dolph said:
Was the phone diagnosed faulty by Orange?
My girlfriend was given a fault code by Orange, this was included on the note sent with the phone, to the third party. They confirmed they received it.
 
In that case the only thing I can really suggest is calling customer services and going over the issue in detail. It may just be a communication problem somewhere along the line.
 
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