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.

[perksie]

---

@Anonymous wrote:
 

I know the legal position I have found myself in, that's why I came on here and that's why Toby tried to help resolve it.

---

That isn't true, Toby would help anyone here, nothing to do with any legal position.

So is your belief that they deliberately took you outside the 28 day period so you couldn't cancel.

[Anonymous]

I don't think anything else but help has been thrown at the OP by all.

[Anonymous]

---

@Anonymous wrote:

Last I will say on the subject, good luck in your crusade for a brand new handset.

---

SOGA does not entitle me to a brand new phone, no, agreed, I have said that several times now.

What entitles me to a brand new phone is if I return it within the alloted timeframe for a full refund and then buy a new one.

O2 have denied me that opportunity.

You may think that I am wrong to look at it as an ethical/moralistic but that's exactly the point, O2 should consider their ethics. It is extremely poor business practice to disregard morals/ethics and you won't find many proffesional business people that wil agree with your stance, in fact, despite what I may have said even I would be surprised if they will appreciate an O2 employee making such comments on an open forum (depite your disclaimer in your footer).

You think other manufacturers wouldn't act differently? Then you are niave, google is your friend (outside of this thread). Plenty of evidence out there of manufacturers replacing old for new (not that my phone is even old).

Now, I've answered all of your questions and addressed your allegations so hopefully you'll stick to your word.

[Anonymous]

---

@perksie wrote:

That isn't true, Toby would help anyone here, nothing to do with any legal position.

---

I fear that (this) is one of those misunderstandings that occur when there's no 'tone of voice'.

I did not mean that Toby helped solely because of any legal position, quite the opposite, what I mean is, I know the legal position, which is pretty dead in the water now and there's not much I can do from that angle, so I came here to look for other suggestions and from that Toby kindly tried to help me resolve it via other means (inc offline).

Unfortunately we hit a brick wall there too. But at least we can say we tried.

 

I wouldn't go so far as to say that O2 deliberately set out to take me beyond the 28 day window, but I do feel that since the other things they tried failed and resulted me being beyond 28 days that has proved convenient for them and do seem to be hiding behind it now. I had lots of dealings with a CS manager before I came here too and was quite shocked when her attitude changed at the 11th hour.

What I don't understand is why? HTC have agreed it's a manufacturing fault so surely they'd honour a replacement and O2 wouldn't be out of pocket.

It's all a bit by-the-by now anywho, I have taken the advice from here and sent it back to the manufacurers today, or at least their appointed repairers - Regenersis, and hopefully they'll replace the mic it rather than send me a different refubed one. They said that's what they'd do when I rang them.

So thank you for all of the advice, it has been heeded and acted upon accordingly

[Anonymous]

Do let us know how you get on when it's returned.

Take care.

[MI5]

At least you can get back to enjoying your phone.... Which is an amazing device (when working correctly :()

[Anonymous]

Update:

Phone logged as recieved at Regenersis warehouse Monday.

07:57 Wednesday (today) I have an email saying it's being returned, no further explanation so being such a quick turnaround I had my suspicions and I rang HTC for more details, low and behold got the dreaded "no fault found" response.

Apart from the fact they only had it a day, I have verification from several O2 people, including extensive calls to an O2 Supervisor, to verify that whilst on a call to them they couldn't hear me because my voice kept coming in and out!

The experience with this phone has been a complete nightmare.

HTC/Regenersis now want me to get proof of the fault and send it to them - isn't that the purpose of sending the phone to them in the first place?

[MI5]

Are you sure you aren't putting your finger over the mic hole?

[Anonymous]

lol, absolutely, but I did check that after you last mentioned it just to be sure.

[lucids]

just wanted to say that I have used Regenersis via HTC and they have provided an efficient and excellent service. I was able to speak to them and a manager directly when needed and they went out if their way to help.