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O2 confirmed handset needs replacement, but handset no longer made - how to get a new handset?

jim30
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Hello

I would appreciate advice on my issue with O2 and a faulty handset.

 

Background:

I have a Samsung S22 Ultra, purchased last Nov on a 36 month contract (with 24 month airtime contract).

 

 

There is approximately £800 outstanding balance.

 

The phone began to malfunction at start of August and following extensive engagement with O2 and Samsung, it was agreed to send in for repairs. This was done last week (8th).

 

On 12th I got text confirmation that the phone was faulty but could not be repaired, and that I would be sent a new one. Today (13th) I was informed that the S22 Ultra is out of stock, is reportedly ‘on order’ but no date for delivery of a replacement.

 

My understanding is the S22 Ultra is no longer manufactured by Samsung and is showing as out of stock on both their website and all major mobile phone providers, inc O2. Given it is no longer in production I do not see how I can get a replacement dispatched to me.

 

O2 Repair team have told me that the only phone they can send me is a Samsung S22 Ultra, but accept that it is not in stock and no longer produced. They cannot send me any other phones.

 

They suggested firstly paying off the outstanding balance of the handset and then upgrading my phone, but pointed out this would be a new contract, so they’d no longer be liable to help for the outstanding Samsung S22 issue. I would have paid over £1000 and have nothing to show for it as the handset is with O2 and I'd be on a new contract.

 

They then suggested I wait 7-10 working days for the handset and if it didn’t show up they’d look at it again -but when I pushed on what that meant in terms of resolution, they couldn’t say – they merely said a manager could take a look then.

 

They then said they would ask me to get a new account and handset and port the number over and then they would apparently clear the outstanding balance on the old handset – but this was phrased as a ‘my manager and I think this is the solution’ and wasn’t phrased as proper O2 outcome. When I spoke to the new sales team, they had no idea what I was talking about and tried to set me up for a new contract – but weren’t clear how the old handset and airtime contract would be cancelled, particularly as there is no formal note on the file. I decided not to do this as I had no confidence that, based on prior engagement with O2 on this case where teams don’t leave notes for the record, that I would be able to get the balance wiped, and that at worst I would end up paying for 2 mobile phone accounts.

 

Outcome

What I’m trying to work out here is how to fix this? Can anyone advise on the following:

  1. How likely are O2 to get a shipment of new S22 Ultras in the next week?
  2. Should I pay off the balance off the phone to try to open up the possibility that the system could then offer me a ‘like for like’ replacement that isn’t an S22 Ultra?
  3. What is O2s legal liability under the contract to provide me a new phone, given that its under warranty still – how do I hold them to this when the phone I bought is no longer manufactured – is there a form of words or legal route I need to use to force this issue?
  4. Are there any ways out of this that enable me to walk away from O2 and the contract – I was toying with paying handset off with my Amex then when replacement isn’t shown, dispute the transaction through Amex to get it taken more seriously.

I’m utterly sick of O2 here – no one talks to each other, no one has any power to fix problems and I’ve spent about 4 hours on the phone today listening to people openly contradict each other, or tell me there is no fixing what should be a really easy fix.

 

I just want a working handset sent to replace the handset that O2 admit is beyond repair – why is this so difficult?

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madasaf1sh
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@jim30 

 

They will be waiting for devices to come out of the refurbishment process, as you will not get a brand new S22 Ultra.

 

1. It is Samsung that need to provide the phone via the repair centre, and no one on this community will have any clue when it will be back in stock, and Samsung will only allow and S22 Ultra to be sent..

2. The only like for like replacement for the S22 Ultra is the S23 Ultra

3. The liability is on Samsung to provide you with a replacement handset, and as I say it wont be brand new, it will be a refurbished one and you are not entitled to a brand new one..

4. Just pay off the device plan, and then leave..  


Do not start using the chargeback route, o2 and Amex will mark it as a fraudulent chargeback, as they will see you made the transaction, and if other the phone will have a recording of you making the payment and this could have unintended consequences, and may see your AMEX Cancelled.. And o2 will pursue for the funds, which could damage your credit file, and end up with CIFAS markers against you..

 

You can always chase the repair centre, and ask if they provide any updates, and cut out the middle man.

- Xperia 1V - o2 and Spusu
- Pixel 8 Pro - o2 and Vodafone UK
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VibrantLinda
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I don't understand, to me it's simple.If the phone is faulty whilst under contract through no fault of your own, then they should either pay for the rest of the contract themselves or replace the phone with a brand new like for like,or very similar phone.Its that simple,02 will surely have a set up with Samsung for such situations, plus all the billions they get off their customers,would cover your situation with no problem to them.No way should you have to pay off the contract for a broken unusable phone when they've agreed its faulty.You could suggest the ombudsman and powers that be. Or take them to court.The big phone companies make enough money to afford a goodwill gesture to keep you on their payroll.Just my thoughts

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viridis
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Surely they legally have to either repair, refund (minus usage) or replace 

It's absolute nonsense that it must be an s22u as quite often people get offered alternatives of equal or greater spec.

How do they think that they can warranty a product and when it needs a repair less than 11 months later they just say "oh well, never mind, pay it off and you can get a new one"

What kind of horse sh17 is that?

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viridis
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From standard device terms 2020.

" If, within the relevant Warranty Period or Extended Warranty Period, the Customer notifies O2 of any

defect or fault in the Mobile Equipment or Software arising under normal use in consequence of which

it fails to conform in any material respect with the manufacturer's specification O2 shall, at O2's option

either: repair the faulty Mobile Equipment or Software; or, replace the faulty Mobile Equipment or

Software with the same or an equivalent item of..."

There ya go, in black and white.

They must offer an equivalent item if they cannot replace with an s22u

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jonsie
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Seems to me that O2 have no option but to supply a replacement under the terms of the manufacturer's warranty

The phone is faulty and under warranty _ end of!

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