Assistance dragged out until out of 28 day cooling off period - appreciate any advice

[Anonymous]

Hi,

First time on this forum so I hope this in the right section.

I have an HTC One on O2 contract and I'm having problems with it so would appreciate any advice on what my options are or maybe options to deal with it (beyond a call centre manager which is as far as I have got).

I have had the phone just over 2 months now and it has had issues since day one, the latest being the discovery and confirmation that the microphone isn't working properly and hasn't been since day one (it keeps dropping out on voice calls so the receiver can't hear me).

After reporting several different problems to O2 it would appear that the 'support' has been deliberately dragged out until I am now outside of the 28 day cooling off period and I have to accept a repair or a replacement (i.e. Repaired second hand unit) for the remaining 22 months of my contract (unless I buy myself out) which I find preposterous and totally unfair.

I have had to reset, full reset, try the phone in different areas, try different services in different areas and lastly try the same tests with a second new sim card (after receiving it via post) which has all taken me beyond the 28 days.

I mentioned several times that trying these 'tests' was using up time but was told that the initial date was noted and I would be OK.

Other issues have been to do with not being able to get a 3G signal and this was blamed on the sim but that has now been proven incorrect.

Now the microphone issue has been proved definately faulty and in need of repair I am hitting a brick wall with my requests for a replacement handset.

My issue with a repaired phone is that I didn't enter a contract for a 'repaired' one, I entered a contract for a brand new one, in full working order.

If I was happy to accept a repaired one I could have bought one far cheaper without a 2 year contract attached for example.

I have spoken to HTC who have advised me that the unit is faulty and furthermore it's a known fault which O2 are well aware of and they should replace it but O2 simply refuse to. They even denied any knowledge despite me offering to send them a link to their own forum where it is discussed with their own employees.

I am amazed that this is even legal, not to mention being totally unethical.

I understand that my options are very limited now due to the delays but hopefully someone here can help me find a resolution.

What I would like is a new replacement handset, otherwise I'd like the contract cancelled and fully refunded. In any other purchase & warranty situation that would be the options available to me.

Thank you.

How can O2 feel justified in arguing that a phone where the recipient can't hear the caller is 'fit for purpose'??? It beggars belief.

[Anonymous]

Regards transcripts, well, things just get better!

I have a couple but on others I selected the 'email chat' only to find none of the emails ever arrived.

On another the oppertor cut me off before I had a chance to select the button. I did try to reconnect but to no avail. Also some of the comments were in a verbal conversation so no transcripts.

I know what you'll all say about making sure to get it in writting etc but this is O2, who'd have expected contradictory terms either verbal or on a website and who'd expect to have an issue with such an obvious fault.

Plus the key issuue is that the microphone has always been faulty and still is so that should fall under a 12 month issue under 'fit for purpose' surely and as bandofbrothers rightly states, that lies with the retailer, O2, not HTC.

I have no issue with O2 replacing it, the comment about a refund is in regards to my rights if they refuse to replace. Like anyone else, I don't like to feel that I've been ripped off and there's enough reports online about these types of repairs being 'hit-and-miss'

[adamtemp64]

@bob sale of goods act is proctection for the consumer but a manufacture warranty is in addition and offers enhanced protection.

For example the htc warranty for handset is 2 years no quibble but after 6 months under soga the consumer has to prove a fault was present at time of delivery.

I have in many threads posted the full info from which and other sources and proper legal websites.

Basically the sale of goods act is in most cases inferior to manufacturers warranty etc

[Anonymous]

Now thats interesting @adamtemp64.

I'm not sure how a person is supposed to prove something like that.  

It looks to be a hollow warranty !

"For example the htc warranty for handset is 2 years no quibble but after 6 months under soga the consumer has to prove a fault was present at time of delivery."

[Anonymous]

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@Anonymous wrote:

Regards transcripts, well, things just get better!

I have a couple but on others I selected the 'email chat' only to find none of the emails ever arrived.

On another the oppertor cut me off before I had a chance to select the button. I did try to reconnect but to no avail. Also some of the comments were in a verbal conversation so no transcripts.

I know what you'll all say about making sure to get it in writting etc but this is O2, who'd have expected contradictory terms either verbal or on a website and who'd expect to have an issue with such an obvious fault.

Plus the key issuue is that the microphone has always been faulty and still is so that should fall under a 12 month issue under 'fit for purpose' surely and as bandofbrothers rightly states, that lies with the retailer, O2, not HTC.

I have no issue with O2 replacing it, the comment about a refund is in regards to my rights if they refuse to replace. Like anyone else, I don't like to feel that I've been ripped off and there's enough reports online about these types of repairs being 'hit-and-miss'

---

I would still fill out the complaints online form i linked into my earlier reply and see where they go with this.

Looks like HTC are already trying to pass this hot potatoe to O2 ref your first post !

I quote , "I have spoken to HTC who have advised me that the unit is faulty and furthermore it's a known fault which O2 are well aware of and they should replace it but O2 simply refuse to"

[adamtemp64]

which explanation of soga http://www.which.co.uk/consumer-rights/regulation/sale-of-goods-act
so soga is after 6 months the consumer has to prove the fault was present when delivered.
The htc warranty means htc must replace / repair in that 24 month period without question hence htc warranty exceeds the minimum that the soga provides

Legal definition of the confusion http://www.access-legal.co.uk/free-legal-guides/whats-the-difference-between-a-guarantee-and-a-warra...

Hope that clears it up

[Anonymous]

The optimum term there is '... or repair' - so if they offer a repair (which they have already) I have to accept that?

Hardly the 'brand new, untampered with, full working order' phone I selected when I bought it, that really sucks.

As I said in my first post, if it was advertised as "maybe a working phone ... or a duff one which we'll repair FOC" I wouldn't have gone near it, nor would anyone else I doubt!

[Anonymous]

Hi,

Obviously no such literature or point of sale wuld exist and on the flip side a great many people would have no issues with that handset or others.

This is why I opt to choose Apple to be honest because of their exemplary customer service !

Please update your thread with any outcome.

[Toby]

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@perksie wrote:

The 28 day figure is correct for a faulty handset on one page and it says 14 days on another, I think Toby might want to take this further.

14 days applies to Refresh contracts apparently.

---

Hi perksie,

I've raised this with the site content team to see if anything can be done

[Anonymous]

Update on this situation as requested: No progress.

More wasted time and O2 still refuse to accept their responsibility as the retailer of a faulty merchandise.

I still have a phone with a non-functioning mic from inception and O2 refuse to offer anything apart from a repair or replace with a refurbished phone (somebody elses faulty phone which has been 'fixed').

I have several emails from "Social Queries (UK)" offering me a refurbished phone but every time I respond quoting that the phone was faulty from manufacture that person disappears and someone else comes along with the same "repair or refurbished" offer.

It's doing my nut in, they won't even comment on the fault, they just peddle out the same offer mindlessly.

I have been told that it's a fault that they aren't aware:

[Quote]

You’ve mentioned that HTC have advised that they are aware of a fault with the phone. Normally a manufacturer would recall a product. I’d advise you to check this with them and advise them on the situation and what I’ve offered as a resolution to the issue.

Thank you for your patience while I looked into this for you.

Kind regards

Stephen

O2 Social Media Team [end quote]

Despite it being reported on this very forum before several times eg:

http://community.o2.co.uk/t5/Android-Devices-Samsung-HTC-Sony/HTC-One-microphone-issue-on-calls/td-p...

A quick google shows its a common fault:

http://www.htconeforum.com/forum/htc-one-help/2266-htc-one-microphone-not-working.html

http://forum.xda-developers.com/showthread.php?t=2294532

... etc etc

Next ...

So on considering if I should accept the refurbished phone as offered by Stephen (because it would be tested and proven to be working perfectly ... right?) I came up with more contradictory info from O2.

When I queried the warranty on a refurbished phone, "Beenish" in O2 Social Media Team replied with:

[Q] Just to clarify, the replacement phones we provide including those within 28 days, are refurbished.

Beenish O2 Social Media Team

Apart from the admittance there that even within the 28 day window O2 still only offer a refurbished phone (is that even legal?), my own concern here is that it is listed on O2s website the warranty on a refurbished phone is a only mere 3 months:

What is a refurbished phone?

It's a used phone that's been restored to its original state, so it's as good as new. You'll receive a phone, battery and charger. You can start using it straight away! View our refurbished phone terms and conditions. Comes with a 3 month warranty.

So I asked for confirmation on the warranty period and got this reply from David:

You’ll still be covered for the length of your contract under warranty with the replacement phone.

 ..

Kind Regards

David  O2 Social Media Team

What does "length of your contract" mean in reality?

Why can't they just name dates or months?

What if I pay off the phone in full now instead of over the 2 years, would my warranty end early?

Isn't the warranty on the phone, not on the contract?

Surely the warranty is for a defined period, regardless of what I do with my contract?

Quite clearly the website states 3 months warranty, not "my original term" and considering that this forum thread has culminated in issues of O2s contradictory information (both verbal and on the website) I have serious suspicions now as to what warranty would actually be honoured (at least without months of arguing) if a refurbished phone went wrong within the warranty period.

What person in their right mind would proceed under these circumstances???

So ... since we now know what I should have done at the start, before I do anything further I've come back to seek any advice as to what may be the best way to proceed.  

[adamtemp64]

Raise a formal complaint but get the handset back and use htc's warranty much better cover as I explained than the basic sale of goods act.

To complain to o2 just go to the o2 home page and at the bottom is the complaints link.

1 A replacement under warranty has the same end date as the original phone (fact)

2 As stated before hts warranty is better than o2 have to abide under the soga (fact)

3 If un happy raise a complaint as above

4 we can only offer advice as other customers