o2 and faulty i phone Home Keys

[Anonymous]

I have only been with o2 a little over a month on a £ 55.00 per month i phone contract which includes i phone premier insurance. a few weeks back I noticed an intermittant fault with the home key not responding and I could not navigate the screens. As I say this was intermittant, I phoned o2 and they told me that it was software issue and to do a full reset and re-sync with I Tunes. Well I had to have a bit of a read up and over the next week thats exactly what I done.

The i phone now refuses to respond to any home key button actions and you have to keep switching the i phone off and rebooting it to change screens. I have phoned o2 i phone customer services about this and they say that as its outside the 28 day period I must take the phone to a Apple store to get it sorted out ?

The nearest Apple store is some 40 miles away but I have phoned them and they have made a appointment with a genius to have a look.

As I did discuss this issue with o2 within the 28 day period they say they can find no notes at their end about my call and have also admitted that as this was seen as a software issue by their staff at the time of my call then it may be why the call notes were not placed on my file.

Surely o2 are liable for this as my contract was with o2 directly and as this fault has occurred so soon it should be they that address this issue and not the buck passed onto Apple ?

I was also very concerned that o2 were completely unconcerned that I have lossed the use of not only my new i phone but also the tariff for which they say they will still be charging me for !

I believe that there is a breach of contract on the part of o2 and that they are indeed responsible for putting this matter right.

Any thoughts on this sitution ?

[Anonymous]

Perhaps o2 didn't expect you to take over a week to follow their advice? YOu could have read up in the evening, tried it and phoned back in the morning which is when you would have been offered your replacement handset.

I cannot say what o2 may or have not expected the fact of this matter is that a complaint was lodged by me with them within the period and consumer law offers remedies not only for the 28 day period that o2 were relying on but beyond that period if a product can be proven to be defective which in this case it clearly was.

My busy schedule prevented me from dropping everything to follow their flawed advice and in point of fact has no bearing on any claim inside or outside the 28 days. The contract is made between the retailer and consumer and there is no need for me to set forth here the fine detail of the relevant consumer and credit laws to focus this matter.
As others have pointed out Apple were more than receptive to my plight and were able to provide me the consumer with a solution as opposed to leaving me with a problem as o2 were happy to do.