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]

Hi.

We are all customers here like you apart from moderators and two Site staff. @toby and @chiara.

You had the first 7 working days to return it for a new one or cancel the contract so you could have done that if issues existed from day 1.

Or 14 working days to return a faulty phone for a new one. I wish you had come here to ask !

O2 link http://service.o2.co.uk/IQ/SRVS/CGI-BIN/WEBCGI.EXE?New,Kb=Companion,question=ref(User):str(Mobile),C...

Try putting your issues in a complaint.

http://service.o2.co.uk/IQ/SRVS/CGI-BIN/WEBCGI.EXE?New,Kb=Companion,question=ref(User):str(Mobile),C...

Also Check your mast status here http://status.o2.co.uk

[Bambino]

Where did you get the idea that you had a 28 day cooling off period? Do you have transcripts of the conversations you had on chat? 

[Anonymous]

I got 28 days from here:

https://www.o2.co.uk/upgrade/static/b4c2e9925add554434a3c881cafde842063744e0/desktop/questions-and-a...

The phone I bought is faulty

If you've had your phone for less than 28 days, we'll either replace it with a new phone, or you can get your money back. If you've had your phone for more than 28 days, we'll send it in for repair. You might have to pay in some cases (for example, wear and tear or if the product was damaged after you bought it), but we'll let you know this before we fix it.

[adamtemp64]

O2 is not a warranty but protection for the customer under soga.

As with all phones check for a manufacturer warranty which may offer better enhanced cover http://www.htc.com/uk/support/warranty-statement.html

[perksie]

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.

[Anonymous]

In either event action should have been taken before the cut off time period.

Two links giving two different time frames !

I hope you have chat transcripts.

[Bambino]

Very confusing regarding time limits. If the OP has chat transcripts he should have no problem getting this resolved. If HTC admit that it's a known fault, why don't they take the phone and either repair or replace it?

[perksie]

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@Bambino wrote:

Very confusing regarding time limits.

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This web site really needs a lot of work doing, it's getting worse rather than better.

I've passed this to Toby.

As it was reported prior to the 28 days shown on the site, that period should be the effective one and any claim should stand.

[Anonymous]

The op does not want a repair but a new handset or cancellation.

As it's been said so many times on here in past threads the manufacturer does not apply a warranty but the retailer does in uk law.

ie : http://community.o2.co.uk/t5/Pay-Monthly-and-Pay-Go/What-is-support-on-a-24-month-contract/m-p/53221...

Or has things changed ?