Quick SOGA query

Man of Honour
Joined
17 Oct 2002
Posts
160,156
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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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.
 
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.
 
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.
 
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.
 
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.
 
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