Sales of Goods Act

[Anonymous]

Hi everyone,

Advice please!

I bought a phone from O2 (with contract) two years and a few days ago. According to O2 my phone is no longer under warranty and so I am not entitled to a repair free of charge. However, after doing a spot of research I have found that under The Sales of Goods Act I could be entitled to a free repair. This is because in two years and a few days, I did not expect my phone to completely break down (it does not switch on).I have spoken to an O2 advisor and he kept insisting that "a technical product can experience a fault at anytime" and "the phone did not have a fault when we sold it to you" so it is not O2's responsibility to fix the phone. I argued that according to the Sales of Goods Act I am entitled to a product that works well even after the warranty has expired. I am even able to take this to court within 6 years of purchasing the product.

So my question is, am I correct and is the O2 advisor wrong? 

I feel as if I may be being lied to by the advisor or he may actually not know himself. 

Should I directly email O2's CEO? 

Thank you,

OneTwoThree 

[MI5]

To invoke the 6 year rule you would have to prove the failure was due to a manufacturing or design defect and was present at the time of purchase.....
A thread here which maybe helpful......
http://community.o2.co.uk/t5/Pay-Monthly-and-Pay-Go/Guide-Differance-between-SOGA-and-warranty-exten...

[Anonymous]

Thank you. I will look into that. 

The problem with my phone is...it completely discharged to 0% and hasn't switched on since. :Z 

[Anonymous]

Like @MI5 said above YOU will have to prove that the fault was present when you purchased it.

I think you may be caught between a rock and a hard place with this but I wish you well and please let us know how you get on.

Maybe also try Trading Standards or CAB. They might be able to shed some light on the way forward.

[MI5]

What phone is it?
This can happen to Nokia Lumia's (and some Samsung's) and they usually come back to life if left plugged into a charger overnight.

[Anonymous]

Thank you, Nandroid and MI5 for your feedback. I appreciate it.

Yes, it does seem like this will be very tough to prove since it has been two years. What irks me is that if only I had contacted O2 a few weeks ago (phone has been dead for a few weeks now), it would still be under warranty and there would be no issue with repairs. 

[Anonymous]

@MI5 It is a LG Nexus 4. It was a good phone. I have charged the phone for hours on end, used the self help guides on Google's website but all to no avail. 

[Anonymous]

Try this and see if it helps.

http://www.dilloway.co.uk/Nexus-4-not-switching-on.html

[MI5]

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@Anonymous wrote:

What irks me is that if only I had contactedO2 a few weeks ago (phone has been dead for a few weeks now), it would still be under warranty and there would be no issue with repairs. 

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You would hope for a little bit of leeway for a couple of weeks though.... wouldn't you?

[Anonymous]

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@MI5 wrote:

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@Anonymous wrote:

What irks me is that if only I had contactedO2 a few weeks ago (phone has been dead for a few weeks now), it would still be under warranty and there would be no issue with repairs. 

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You would hope for a little bit of leeway for a couple of weeks though.... wouldn't you?

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Customer relations and all that!?

Hasn't the Nexus range only a 1 year warranty though? Perhaps O2 might argue the 2 year they offer is nice enough move from them.

Still, a couple of weeks leeway would have been nice in this situation