phone needs to be sent off to be fixed

the_pen_turner

i signed up to a contract with my phone network 11months ago. its a 24 month contract.
the phone came with the contract.

it stopped working today . I went back to the shop and the assistant diagnosed the problem and said it needs to be sent away.

it is under warranty and within 12 months.

there is no money to refund as such so I am left with repair or replacement.

they want to send it back to the manufacturer . this will leave me without a phone for a week or more.

can I insist on a replacement

njs030

No it's up to them which of the 3 r's they choose. Some might have a temporary phone but not all.

Lux23

You can insist on a replacement if the fix won't work, but you have to give them a chance.

Joseph

As mentioned I would expect a loaner phone but yes they have option to repair / replace at the moment.

Xterminator

Joseph wrote: »

As mentioned I would expect a loaner phone

you can expect it - but its not a entitlement, you cant demand one ; its just good customer service.

Joseph

Xterminator wrote: »

you can expect it - but its not a entitlement, you cant demand one ; its just good customer service.

Well if OP had just bought a phone that would be fine but he purchased a service plan which includes a phone and the ability to make phone calls etc, he obviously can't use the service if he doesn't have the equipment to use it so in this case, given it is a service contract I would expect it as an entitlement.

athtrasna

Joseph wrote: »

Well if OP had just bought a phone that would be fine but he purchased a service plan which includes a phone and the ability to make phone calls etc, he obviously can't use the service if he doesn't have the equipment to use it so in this case, given it is a service contract I would expect it as an entitlement.

If the OP read said contract they would discover that it's not an entitlement. I've been that soldier, fought and lost. Also OP expect to get your phone back completely wiped so back everything up.

the_pen_turner

i haven't sent it yet. im trying to get the stuff off

VincePP

Look at it from a different product.

My car was in warranty, the suspension went. I was without a car for almost 2 weeks as they had to get parts.

There is no way I would expect a new replacement as the fault was repairable.


I'm sure you have an old phone lying about - put the sim card into that and use it whilst the repair is being done.

Alternative is to get a cheap prepay phone on the same network and put the sim card into that - can be handy to have a cheap backup phone available.

Xterminator

Joseph wrote: »

Well if OP had just bought a phone that would be fine but he purchased a service plan which includes a phone and the ability to make phone calls etc, he obviously can't use the service if he doesn't have the equipment to use it so in this case, given it is a service contract I would expect it as an entitlement.

and the service came with a contract.
& if its not in the contract you are back to goodwill gesture territory.

ytpe2r5bxkn0c1

Joseph wrote: »

Well if OP had just bought a phone that would be fine but he purchased a service plan which includes a phone and the ability to make phone calls etc, he obviously can't use the service if he doesn't have the equipment to use it so in this case, given it is a service contract I would expect it as an entitlement.

Maybe you'd read the terms of said contract before claiming anything is an entitlement.

Joseph

Elijah Wide Smack wrote: »

Maybe you'd read the terms of said contract before claiming anything is an entitlement.

I don't know how important the specifics of the terms are in this case, if I was paying for a mobile service plan I'd expect to be able to use it, as would any reasonable person.

njs030

Joseph wrote: »

I don't know how important the specifics of the terms are in this case, if I was paying for a mobile service plan I'd expect to be able to use it, as would any reasonable person.

It's not reasonable to expect a company to provide a phone for an unknown number of customers that could need one.
Im sure if op wants to wait until one becomes available the store will accommodate him.

ytpe2r5bxkn0c1

Joseph wrote: »

I don't know how important the specifics of the terms are in this case, if I was paying for a mobile service plan I'd expect to be able to use it, as would any reasonable person.

That's the point. You don't know and therefore can't say they should expect anything with regard to the phone service. The repair is one thing but extending it to an entitlement for loss of phone service is a step too far.

Thoie

Let's say your plan is €40 a month and the phone is gone for a week. Would it be reasonable to ask for €10 off your next bill?

ytpe2r5bxkn0c1

Thoie wrote: »

Let's say your plan is €40 a month and the phone is gone for a week. Would it be reasonable to ask for €10 off your next bill?

No. That is not the deal you signed up for.

Sonics2k

Thoie wrote: »

Let's say your plan is €40 a month and the phone is gone for a week. Would it be reasonable to ask for €10 off your next bill?

Nope, your contract only guarantees you usage and coverage of the network itself. The working phone part is separate entirely.


As someone who worked for O2 for a good few years, we often tried to provide a loan phone to people when we could, but the honest and simple truth in our case is more often than not those loan phones would never come back.

c6ysaphjvqw41k

This post has been deleted.

guil

Alora Petite Ankle wrote: »

I had a new phone from Tesco which started freezing up a week after it was outside of the change of mind period, so I had the phone just over a month and was going to be stuck with it for 2 years, and even then all they would offer me was a repair. Afraid you have to let them try repair it first. However Tesco then told me they would try to repair it again and again and would never offer a replacement, which is then in breach of your consumer rights, they get one chance to repair it after that you can demand a replacement. If they wont comply you have to take them to small claims.

That's not entirely correct. If something happens the phone again but a different fault than the first one then they can repair it again.

c6ysaphjvqw41k

This post has been deleted.

Xterminator

Alora Petite Ankle wrote: »

This post has been deleted.

poorly trained staff. just insist on your rights, and ask to speak to a manager if you get no joy. keep it friendly.

BeardySi

Joseph wrote: »

I don't know how important the specifics of the terms are in this case, if I was paying for a mobile service plan I'd expect to be able to use it, as would any reasonable person.

You can still use your service plan - just put your sim into another handset.

Your monthly bill is partly paying your plan and partly some of the cost of the handset. Your plan continues whether your handset is working or not. If the handset isn't working they will repair or replace as per your consumer rights. What you aren't buying is guarantted access to your plan via the handset you got at the time.

Some networks will give you a loaner, others will only give you one if you've got insurance on your phone with them and I'm sure others won't at all. It's a courtesy thing. One thing I have noticed is that the "smarter" phones get, the more likely they are to develop a fault that needs repair in their working life and I'm guessing it's the increased numbers of faulty handsets that's caused this policy.
Back in the day of bombproof bricks, a fault was met with an apology and a replacement, now it's a shrug and a "we'll send it off..."

ssmith6287

Treadhead wrote: »

You can still use your service plan - just put your sim into another handset.

Your monthly bill is partly paying your plan and partly some of the cost of the handset. Your plan continues whether your handset is working or not. If the handset isn't working they will repair or replace as per your consumer rights. What you aren't buying is guarantted access to your plan via the handset you got at the time.

Some networks will give you a loaner, others will only give you one if you've got insurance on your phone with them and I'm sure others won't at all. It's a courtesy thing. One thing I have noticed is that the "smarter" phones get, the more likely they are to develop a fault that needs repair in their working life and I'm guessing it's the increased numbers of faulty handsets that's caused this policy.
Back in the day of bombproof bricks, a fault was met with an apology and a replacement, now it's a shrug and a "we'll send it off..."

Back in the day them bricks could only send messages and receive calls so they weren't in your hand for most of the day. A lot of "faults" are cause by miss use so the companies are right to have a look before replacing or refunding

Lux23

I many be too late for the original OP, but anyone else reading the thread may find this useful. Below is in S.I. No. 11/2003 - European Communities (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations 2003. It says that the trader has to take into account the nature of goods and the purpose which the consumer requires the good. We need a phone these days, many of us don't have a landline so you could possibly argue that a temporary replacement should be provided.

"(5) Where the remedy of repair or replacement is provided the repair or replacement shall be completed within a reasonable time and without any significant inconvenience to the consumer, taking account of the nature of the goods and the purpose for which the consumer required them."

There is also this.

The consumer may require an appropriate reduction of the price or have the contract rescinded if —

(a) the consumer is entitled to neither repair nor replacement, or

(b) the seller has not completed the repair or replacement within a reasonable time, or

(c) the seller has not completed the repair or replacement without significant inconvenience to the consumer.

http://www.irishstatutebook.ie/eli/2003/si/11/made/en/print (link to the law)