Quick SOGA query

Man of Honour
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Hi guys,

I'd like to clarify my understanding of the SOGA before I make a fool of myself taking this further.

I purchased a mobile phone from Vodafone at the end of July. From the first day I used it it was clear there was an issue with signal reception - my previous phone (Same manufacturer) was able to hold a signal in areas where the new phone showed no signal. The new phone dropped calls and randomly lost signal in areas where the old phone had no problem.

I contacted Vodafone who advised me that they could arrange for the phone to be swapped, or alternatively send me an Access Gateway which would boost the signal in my house. I chose the latter and this has fixed the problem in my house. But of course I've since been away for a bit and this highlighted the fact that all they've really done for me is mask the problem. It still exists.

So I've contacted them again, but this time the tone is very different. No more swap is available as I've had the phone more than 28 days (Despite reporting the issue to them well within this time period).

Instead, I must take my handset to a Vodafone store who will send it away for repair. This can take up to 10 days. During this time, I will be without mobile coverage as I no longer have another compatible 3g Phone to use, and there will be no credit for line rental I cannot use.

They fail to understand why I might take issue with this solution and continue to simply repeat thats all they can offer. They have reminded me on numerous occasions that had I purchased INSURANCE from them, I'd be entitled to a loan phone. As if I should need insurance for faults? What? They also took pleasure in reminding me that they offer a 7 day cooling off period for 'signal issues' despite the fact my phone was an upgrade and therefore not covered by said policy.

Is this all I am entitled to? I simply wish them to swap the handset for another same - I will accept a refurbished unit - at minimal inconveneince to myself.

Is it acceptable to be without mobile phone service for 10 days as a result of an inherent fault present at time of purchase and reported well within the '28 day period'?

Incidently I have only ever experienced faulty mobile phone handsets with Orange in the past who always couriered me a refurbished replacement and swapped them over despite never having any 'insurance'.
 
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Man of Honour
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By the SOGA, yes, this is all you are entitled to. Facilitating a repair is all the retailer has to do, at least on the first attempt, and advising to take the phone to their nearest outlet is perfectly acceptable in that regard.

One other thing I will mention is that the phone may not actually be faulty, in that it may meet the expected signal performance of the handset in question, and the minimum signal performance level of the network. Many phones 'overperform' in that they exceed the minimum expectations of signal pickup and therefore provide better network accessibility (My old LG picked up better signal in terms of being able to make calls than my current HTC diamond), and the shift to a different phone with different signal pickup characteristics is not definitely evidence of a fault.
 
Man of Honour
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Grrr why has this been moved to mobile phones, it is a legal query which is why I deliberately didn't mention the model of handset.

Thanks for the reply Dolph. How utterly frustrating. It's been broken since the day they sold me it yet they expect me to be without it for up to 10 days. If you bought a brand new Ford I doubt they'd take it off you for 10 days and point you to the nearest bus stop 1 month after buying it if you'd driven it off the forecourt with a fault..


There is definately something wrong although I suspect it may be a fundamental design issue. It'll fluctuate wildly between near full and zero signal if you are in anything other than a fantastic signal area - ie, a city centre.
 
Man of Honour
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I highlighted it Fox as I took it to be a mobile phone based quandary.

If the move has hacked you off then I apologise but I was of the mindset that if your thread was in mobile phones and read by mobile phone savvy people who are also clued up on associated contractual gripes then you might get a more informed response.

Either way I hope your situation gets resolved ASAP. :)
 
Soldato
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Off main topic bit...

[TW]Fox;14914950 said:
despite the fact my phone was an upgrade and therefore not covered by said policy.

...when I upgraded my handset and plan a week ago Orange stated that I have a 7 day cooling off period if I do not like the phone. I realise this is no use to you with the current problem though.

If I had a half decent spare handset I'd drop it by with a spare PAYG sim I have for Orange as I'm in Plymouth on Monday, but I don't have a spare one..only spare is a piece of poop HTC. :(
 
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[TW]Fox;14915073 said:
Grrr why has this been moved to mobile phones, it is a legal query which is why I deliberately didn't mention the model of handset.

Thanks for the reply Dolph. How utterly frustrating. It's been broken since the day they sold me it yet they expect me to be without it for up to 10 days.

Without getting into this too much, if you are able to prove that you are "suitably inconvienced" by the loss of use of a product, then you can ask for a replacement/refund. However this would mean that it affecting your lively hood, or something to that effect. However for most people the availability or land lines (like public call boxes) means you can't claim that. Its a pain, but you can still make a call if you need to. For a lot of people not having a car can seriously impair their ability to travel, as Public Transport doesn't serve a lot of areas well. Its one of those really. Lesson learned unfortunately.
 
Man of Honour
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I'm not really sure what the lesson is aside perhaps 'Go with Orange in the future' given every time I've had an issue with an Orange handset a new one has arrived the next day.
 
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I work for a mobile phone network and can state we would have offered you the same options. The rationale behind this is that the issue appears to be with the phone and not the network.

Think about the two parts that can go wrong here - the network can fail and the handset can fail. It is Vodafones responsibility to ensure you are recieving a stated level of network coverage to your house.

On the other hand its the manufacturers responsibility to ensure you have a handset that is fit for use over a certain time period.

The network has no responsibility outside of the 30days to deal with a handset issue.

edit: Orange will now offer you the same options. The only possible exception to this (with all networks) is if you are a very high value customer)
 
Man of Honour
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edit: Orange will now offer you the same options. The only possible exception to this (with all networks) is if you are a very high value customer)

No, if you bought the phone direct from Orange over the phone or the internet, the phone will be swapped out by courier no within the first 6 months.

Beyond that, the Orange care product is generally required to get the 24 hr replacement service.
 
Man of Honour
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On the other hand its the manufacturers responsibility to ensure you have a handset that is fit for use over a certain time period.

No it is not - under Sale of Goods Act it is the retailer who is responsible for the handset and not the manufacturer. In this case, the retailer and the network are the same people.

The network has no responsibility outside of the 30days to deal with a handset issue.

This is absolutely 100% untrue. If you work for a mobile phone network I do hope your role is not customer facing!

No, if you bought the phone direct from Orange over the phone or the internet, the phone will be swapped out by courier no within the first 6 months.

Which in my opinion, is entirely reasonable. I don't mind having a few more hoops to jump through if it breaks some time after I bought it.
 

RSR

RSR

Soldato
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I canceled my contract with Vodafone, using the SOGA. As the N97 wasn't fit for purpose.

Andy
 
Soldato
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Crap customer service but it looks like this is the case, an alternative is to go to a Nokia service centre, sometimes they have loan phones.
 
Man of Honour
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It pretty much seems that way jamoor - they are sticking to the bare minimum they are legally entitled to do. Which when faced with a flagship handset with so many inherent faults is a public relations disaster.

They have the power to ease the situation (There are many, many people wiht the same problems from what I have seen) by being as accomodating as possible.

They've chosen not to.
 
Soldato
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[TW]Fox;14935626 said:
It pretty much seems that way jamoor - they are sticking to the bare minimum they are legally entitled to do. Which when faced with a flagship handset with so many inherent faults is a public relations disaster.

They have the power to ease the situation (There are many, many people wiht the same problems from what I have seen) by being as accomodating as possible.

They've chosen not to.
Well now you know who to avoid, Nokia and Vodafone :p

O2 are the best IMO. £20 a month, unlimited data/BIS, 600 mins/1200 texts and unlimited BB data abroad for an extra £25 a month.
 
Man of Honour
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I strayed from Orange after many years in 2007 when I wanted an N95 8Gb. As both the handset and Vodafone were perfect I stayed with them.

Every time I ever had a problem with Orange they simply couriered a new phone out. It was probably refurbished but I found that entirely reasonable.
 
Associate
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Vodafone has always been more focused on its business customer service- which is pretty good from personal experience- as this is where they make their money. Their attitude to lower standard users has always been relatively poor.
O2 are the best in my opinion from a none business user perspective.
 
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