13-01-2020 10:51 - edited 13-01-2020 10:54
13-01-2020 10:51 - edited 13-01-2020 10:54
15-01-2020 10:14 - edited 15-01-2020 10:30
15-01-2020 10:14 - edited 15-01-2020 10:30
@Cleoriff
After doing some research on the consumer right act 2015 (https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act#product-quality--what-should-...), "Unless a particular timescale for performing the service is set out or agreed, the service must be carried out in a reasonable time.".
In the contract (Mobile Insurance from O2 - Full Cover. Policies taken out since 14 June 2019), 9 - How we deal with your claim, last paragraph, you say "In the event that We are unable to replace Your Equipment with the exact model, We accept no responsibility for delay should You decide to wait for an exact replacement rather than accept a model of similar specification as determined by Us."
I'm afraid this doesn't qualify as a time schedule, and the time I've been waiting is not a "reasonable time".
According to the Consumer right act 2015:
If the service you’re provided doesn’t satisfy these criteria, you’re entitled to the following remedies under the Consumer Rights Act:
The trader should either redo the element of the service that's inadequate, or perform the whole service again at no extra cost to you, within a reasonable time and without causing you significant inconvenience.
Or, in circumstances where the repeat performance is impossible, or can’t be done within a reasonable time or without causing significant inconvenience, you can claim a price reduction. Depending on how severe the failings are, this could be up to 100% of the cost, and the trader should refund you within 14 days of agreeing that you're entitled to a refund.
In adition, 4- Details of you cover says "
Replace Your Equipment with a product of the same or a similar specification, as determined by
Us. Replacement Equipment might be a different colour or model from a different manufacturer.
It may be new, re-furbished, re-manufactured or re-packaged by a repair centre approved by Us;"
This means you're porposing to replace my original iPhone which is a luxury item, for a refurbished one of inferior quality and making me liable for the wait and inconvenience it's been causing to my personal and professional life.
Again according to the consumer act 2015, the products must meet the following criteria:
Satisfactory quality Goods shouldn't be faulty or damaged when you receive them. You should ask what a reasonable person would consider satisfactory for the goods in question. For example, bargain-bucket products won’t be held to as high standards as luxury goods.
Fit for purpose The goods should be fit for the purpose they are supplied for, as well as any specific purpose you made known to the retailer before you agreed to buy the goods.
As described The goods supplied must match any description given to you, or any models or samples shown to you at the time of purchase.
Also it sounds like the contract is not very fair as the documents (O2 Insure Full Cover Insurance Product Information Document (IPID) + Mobile Insurance from O2 - Full Cover. Policies taken out since 14 June 2019) provided to us don't state these clauses in a prominent way (https://www.nortonrosefulbright.com/en-gb/knowledge/publications/db7564d2/consumer-rights-act-2015-r...😞
Contract terms | Policy terms. | Exclusion should be transparent (i.e. in plain and intelligible language) and prominent (i.e. brought to the consumer’s attention in a way that the average consumer would be made aware of the term). There should be no disproportionate high cancellation fees. |
Please let me know how long it's still going to take or if I need to get a solicitor. I need my phone ASAP.
Thanks.
on 15-01-2020 10:28
on 15-01-2020 10:28
Please note, this is not customer services and we cannot access your account. Do not publish personal details (email, phone number, bank account).
Link to our guide on how to contact them can be found here
on 15-01-2020 10:29
on 15-01-2020 10:29
As you have already made a complaint, our managers on here won't be able to help you. I fully understand your annoyance about the time scale, however, if O2 have nothing similar in stock to replace your phone with, then that's the excuse they will use.
There is one other thing you can do. Google the address of the CEO for O2 (we are not allowed to give it on here) and email his office. Many people have done this and have had a satisfactory response to their problem.
Best of luck with this. Hope it gets sorted soon.
Veritas Numquam Perit