Replacement phone and all the troubles

[Anonymous]

Hi,

Sorry, long story.

Main points:

• I sent a phone for repair (Nokia E5)

• They sent me a replacement they said it's temporary (Nokia C5)

• Figured out it's final and I can't change it to anything else or have a refund

Then in details:

In March this year I bought a nokia E5. I was happy with it until it's started to play the "switch off" game. Then on one day by the time I went upstairs the phone was completely hot (it was not on charge or anything like that) and it switched off. I contacted o2 and sent it back to them for repair.

As promised within 3 days I heard from them. They sent me a nokia C5 as it takes longer to repair than 3 days... I went on the chat and asked immediately what is that? They advised me no worries this is just a temporary solution until the E5 is back in stock again. Last week I went on the chat again to find out when my phone is back in stock. Gentleman kindly explained me it will be within 24-48 hours and then i can send the c5 back and get the e5. I told them i don't want to use the c5 at all as i have a 15 months old daughter who is dangerous for the phones. They told me sorry, all the info i had before was wrong, e5 will never be in stock again. The C5 is the final phone which is a LIKE FOR LIKE and i have to accept it. I can't have another type, or a refund.

I'm very upset, I hate the sight of the phone i am using the internet a lot on my phones, i don't want to press the same button over and over again. I went to the o2 local store where they said it's ridiculous to call that a like for like, just because it's a nokia and both of them has the same camera??

If you buy a phone you choose you have the right to send it back and ask for a refund if you don't like it. If they are sending you one without asking your opinion you have to accept it??? I want a refund now. I even told them I would pay extra on top to get one I like but they said it's not working like that.

Any idea what to do? I will contact the Office of Fair Trading and the Citizen Advice Bureau to help I think.

[MiamiGuy]

Hi there. Sorry to hear about your issue.

Unfortunately you are not contracted to the design of a mobile phone. Your contract is for your airtime agreement.

Just like a lot of customers, you come to your network provider for help with your handset instead of the manufacturer.

So if O2 cannot repair your phone, they have to replace it (as long as its not damaged). And if they do not stock your handset, they have to replace it for a LIKE for LIKE model. Regardless of its looks.

The features should still be the same.

If you are unhappy with the decision of the replacement, you should speak to customer services. There is not much the o2 stores can do. It is really down to the repair centre who stock the phones, but if you speak to customer services, tell them the issue and see if there is anything else they could suggest to you.

It's always worth a call if you feel strongly about it.

The office of fair trading, citizens advice etc etc will not entertain you. You signed an airtime contract with o2. Not a handset contract.

O2 however are responsible for giving you a working phone which is why they have to do what they can in their power to get you one, even if that means swapping for a different make and model.

It's not ideal.