The phone stopped working on 1st of September through no fault of my own. The phone was still under warranty. I telephoned o2 customer services, who told me to take my phone to an o2 store as it would be replaced right away, in store, with a new handset due to the fact of the warranty. I rely on this phone for my business. I took the faulty handset to my nearest o2 store.
It came back 8 days later, and at the counter I was gutted to see that my screen had been smashed by either o2 staff or courier. The lady behind the counter stated to me that I would be given a "brand new " handset by way of apology and that I would receive it in 3 working days. She stated this a few times while I was in the store, and it was confirmed over the telephone by the store manager.
I waited another full week, not the 3 working days as promised.
When I arrived to collect my now 3rd phone, I was given a reconditioned hand set and not the newly boxed phone I was promised.
However I had to accept what was given to me, as I was told that this was all o2 was willing to offer me. As I had been without my business contacts and internet access for over 2 weeks and had lost out on over £500 worth of business. I felt forced to accept as I simply couldn't afford to lose any more business.
On Wednesday the 10th of October (22 days after collecting my 3rd repaired phone from the store) I woke to find my battery totally dead. My phone wouldn't charge and wouldn't switch on. The same problem as before.
I immediately took the phone back to the store, where staff offered me a different choice of handset.
I was told I would be offered a new handset at the same spec as my HTC One X, and the shop asst would confirm the list of phones with me later that day.
The list of phones emailed to me are all a downgrade of the HTC One X and not the same spec as promised.
A week on and Im still without a phone that does what I need it to do, or what Im paying my contract for. Again that's another week without access to my contacts and again another loss for my business.
I have been an excellent and loyal customer to o2, and over the last 6 years have paid out over £5000 to them.
I entered a contract and have not received the goods or services Im paying for. I have not had any answer as to why I was promised a new handset and not given one, even though Ive asked countless times.
The asst manager in the store has now offered me 30% discount of my line rental, but yet another reconditioned handset.
The Sale of Goods Act 1979 (as amended) states that when a consumer buys goods from a trader they must be: as described; of a satisfactory quality; and fit for any purpose made known at the time of sale to the seller.
This legislation also states that the seller, not the manufacturer, is legally obliged to sort out a problem if the goods do not meet these requirements.
The Sale of Goods Act 1979 (as amended) says: if goods break within the first six months after purchase then there is a presumption the goods were faulty when sold.
My goods are not as described, fit for purpose or of satisfactory quality and I wish to claim a refund under the Sale of Goods Act 1979 as amended. As all other replacements and repairs have been unacceptable and I will not accept another reconditioned handset.
Am I able to get my contract refunded? Am I entitled to compensation? Any advice would be great thank you.
Im beyond angry now with these cowboys!
