Mobile contract (orange) i sure there in breach of contract can i cancel

[dpbayly]

Hi all, Im hoping someone can confirm my thoughts.

we started a new contract with orange (purchased from an orange store where i made a small payment to wards the handset to reduce the monthly's) just over a month ago (15th April) on the 13th day the phone (i phone 4s) turned it's self off and took ages to turn back on so we thought as we bought it from an orange store we would take it back to where we bought it as soon as we could which was a few days later (i think day 16 or 17) in store they put us straight on the phone to orange to i phone support they told us to try some things so we did, that didn't work so called again they told us to try a reset again after doing this a day or so later it did it again so called up again they then gave us a apple code to take to our nearest store to get it fixed or replaced.

Apple confirmed after running some tests and taking it apart it was a hardware fault and said they would replace it with a re manufactured hand set which rejected on the grounds that our phone was brand new and i wanted it replaced with a new handset as there replacement refurbished phone also only have 3 months warranty and my phone at the time it broke still had 11 and a half months warranty, anyway they told us in the apple store if we had purchased the phone from them they would have offered a new replacement but as we got it from orange we needed to seek a new replacement from them. They as a last ditch attempt to sort it tried another reset in the apple store.

That didn't work so called up orange again got put through to apple support where i requested a new phone and they informed me that because i didn't bring the problem to light in the 1st 14 days i now have to take up the resolution of the matter with the manufacturer under the products warranty which i insisted sounded wrong to me and i said that i would seek advice and call back.

The following evening i rang back after looking some stuff up on the net mainly looking into the sales of goods act 1979 and armed with this insisted to them them they had to rectify the problem under the sales of goods act and that in the act it states that any fault that develops in the 1st 6 months is down to the retailer NOT the manufacturer to remedy by repair or replacement, they were still adamant they did not have to sort it and that i had to again talk to the manufacturer, i then inform them i was recording the conversation and that by them telling me i had no ground for replacement by them they were in braking the law by misleading me as the consumer (wasn't 100% sure on this fact but hey i was getting desperate).

Still they wont play ball so i wanted to know as there in breach f contract under the sales of goods act can i tell them Im ending the contract and tell they can collect or at there request i can drop the handset in at the local orange shop and be done with it?

Sorry for the really long post but i had a lot to get in and Im sure Ive missed loads out.

[Nibble]

Have a look at this first, IMO you have a claim, but you'd be better having a chat with CAB, they understand the sale of goods act , seems acase could be made under http://www.which.co.u...oods-act/your-rights/

[tonywiltshire]

You are in the right area by using the sale of goods act 1979/94. You are also correct in returning the goods to your supplier not the manufacturer (section 14), goods must be of satisfactory quality this defined in section 14 (2A), in short it is what a reasonable person would regard as satisfactory taking into account all circumstances including price. You may wish to look at Brown v Craiks (1970), if the goods are defective there is a breech of section 14 (2 & 3) if this is sufficient to claim a breech of contract rather than a breech of warranty will probably depend on the fault.
You may have discovered there is a lot of bluff in the law, but a mobile phone is a single use product and if it does not work you are entitled to have it replaced or your money refunded. I suggest you consider writing to the supplier, by recorded delivery if you wish, remind them that under the sale of goods act 1979/94 you are entitled to have your faulty goods replaced or your payment refunded and if they do not you will consider them to be in breech of contract and will take action. Give them a time limit to respond such as 30 days, which is reasonable and English law likes reasonableness.

[themas]

From what you say, they are in clear breach of the Act - goods must be fit for purpose, & a phone which doesn't work obviously isn't.

If what Tony suggests doesn't work, you could try Trading Standards or Consumer Direct to see whether they have any other ideas about how to put pressure on, rather than you having to start a Court claim.

[mandimoo]

I just want to add another nail to Oranges coffin if I may....

I bought a brand new smart phone outright and a PAYG contract. My phone stopped working after a couple of weeks and Orange also told me that they would replace my brand new phone with a refurb.

Nice trick Orange. Im sure you make a fortune doing this.